GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers / Discounts / Referrals
9. Applicable Law
10. Jurisdiction
11. Alternative Dispute Resolution

1) Scope

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation for the customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, email, post, or via an online contact form.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this regard, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this regard, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. email, fax or letter) after the order has been sent. No further provision of the contract text by the seller will take place. If the customer has set up a user account in the seller's online shop prior to sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the relevant login details.

2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6 German and English are available for the conclusion of the contract.

2.7 Order processing and contact are generally carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.8 When ordering nicotine-containing vaping liquids or liquids, flavourings and/or base liquids without nicotine, the customer confirms by submitting the order that they have reached the legally required minimum age.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the seller and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs in relation to money transfers may also arise even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the customer in the seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method of purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method of purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the relevant payment restriction in the payment information in the online shop.

5) Delivery and Shipping Terms

5.1 If the seller offers shipment of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing shall be decisive when processing the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the outward shipping costs if the customer effectively exercises their right of withdrawal. For the return shipping costs, in the event of an effective exercise of the right of withdrawal by the customer, the provision made in the seller's withdrawal policy shall apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or an authorised recipient. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer even in the case of consumers as soon as the seller has handed the item over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not attributable to the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller provides advance performance, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided by the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation from this, the following applies to contracts for the supply of goods:

7.2 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims for defects are excluded;
• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The limitations of liability and reductions of time limits set out above do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in cases where the seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
• to any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer acts as an entrepreneur within the meaning of the Maltese Commercial Code (Cap. 13 Laws of Malta), the customer is obliged to inspect the goods without delay and to notify any defects. If the customer fails to report obvious defects in time after receipt of the goods, the goods shall be deemed approved, unless the defect was not recognisable upon proper examination. In this case, notification must be made immediately upon discovery.

7.6 If the customer acts as a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery agent and to inform the seller accordingly. Failure to do so shall have no effect on the customer's statutory or contractual warranty rights.

8) Redemption of Promotional Vouchers / Discounts / Referrals

8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the stated period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is indicated in the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent crediting is not possible.

8.4 Multiple promotional vouchers may also be redeemed for a single order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

8.7 The balance of a promotional voucher will neither be paid out in cash nor will it accrue interest.

8.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.

8.10 Through our referral programme Loox, it is possible to refer friends and acquaintances. Both the referred person and the referring person will receive a discount in percentage or euros. This discount can be used for future orders. It is expressly prohibited to refer oneself and to circumvent the system by dubious means. Name changes, multiple orders under different email addresses, "additional" persons in one's own household – these and other methods are regularly monitored. Discounts for third parties and the referring person are only granted after a completed order has been placed – for this reason, it is necessary that the associated order has been completed and paid for.

In the event of an attempted fraud, the person concerned will be contacted by us and the order will be cancelled. 

If the dispatched goods can no longer be returned, we reserve the right to claim the difference amount (between the total amount without discounts and the amount actually paid). 

9) Applicable Law

All legal relationships between the parties shall be governed by the law of the Republic of Malta, excluding the laws on the international sale of movable goods (CISG). For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10) Jurisdiction

If the customer acts as an entrepreneur, a legal entity under public law or a special fund under public law with its registered office within the territory of the Republic of Malta, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered place of business. If the customer is domiciled outside the territory of the Republic of Malta, the seller's registered place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller shall remain entitled to bring proceedings before the competent court at the customer's place of business.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.