General Terms and Conditions for Purchases via www.vip-shisha.de from 10.10.2019
1.1 All deliveries and services are made exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order. Deviating conditions do not apply unless they are expressly agreed in writing.
1.2 VIP Shisha is contractual partner:
Business owner: Ayman Beydoun,
Dorstfelder Hellweg 23
(hereinafter referred to as “seller”).
1.3 Customers within the meaning of these General Terms and Conditions can be both consumers and entrepreneurs (hereinafter referred to as “customers”). Consumers within the meaning of these terms and conditions are natural persons who conclude contracts for a purpose that cannot be attributed to either their commercial or their professional activity. Entrepreneurs within the meaning of the General Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the seller, act in the exercise of their commercial or self-employed professional activity.
§2 Completion of the purchase contract
2.1 Our offer is binding. With your order you give us a binding offer to conclude the contract with you. The contract is concluded with the dispatch of your order to us. You will receive an order confirmation by e-mail.
2.2 Once you have found the desired product, you can view it in detail without obligation by clicking on the article photo or the article description. By clicking the button (shopping cart) you can put the article into the shopping cart. You can view the contents of the shopping cart at any time by clicking on the button (shopping cart) or (checkout) without obligation. You can remove the products from the shopping cart by clicking on the red symbol for (delete) and the green symbol for (update). If you want to buy the products in the shopping cart, click on the Continue to Step 2 button.
The ordering process consists of five steps. In the first step you can view and edit the contents of the shopping cart again. In the second step you can optionally set up a customer account for your first purchase and enter your personal data and addresses here. If you already have a customer account, log in with your access data under “I already have an account”. You also have the option of entering your data without it being permanently stored. Then select “Continue order without personal account” and click on continue to step 3. In the third step enter the billing address and if necessary the different delivery address. In the fourth step, select the payment method and the shipping method. In the last step under “Send order” you get an overview of your order data and under “Change data” you can check, delete or change all data including delivery and billing address again. You can also correct input errors by navigating backwards in the browser or canceling the order process and restarting. To complete the purchase, you must accept our terms and conditions and click on the button (submit order). This will send the order to us and the contract is concluded.
We save your order and the entered order data. You will receive an order confirmation from us by e-mail and then an order confirmation with all order data. You also have the possibility to print out the order as well as the general terms and conditions before you send the order to us. Finally, you can access your orders at any time via your customer account.
§4 Right of withdrawal for consumers
The following right of withdrawal applies only to consumers:
Withdrawal instruction – Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party other than the carrier named by you took possession of the goods. In order to exercise your right of revocation, you must notify us of
Inh . Ayman Beydoun
Dorstfelder Hellweg 23
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. You can use the enclosed sample revocation form, which is not mandatory.
Consequences of the revocation
If you revoke this Agreement, we will refund to you immediately, but no later than fourteen days after receipt of notice of your revocation of this Agreement, all payments we have received from you, including shipping costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us). We will use for the refund the same means of payment as you used in the original transaction unless expressly agreed otherwise with you, and in no event will you be charged such a refund.
We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You are obliged to return or deliver the goods to us immediately, but no later than fourteen days after the date on which you notify us of the revocation of this contract. This period shall be deemed observed if you dispatch the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods.
You are only liable for loss of value of the goods if this is due to handling of the goods which is not necessary to check their condition, properties and functionality.
§5 Cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
Inh. Ayman Beydoun
Dorstfelder Hellweg 23
I/We (*) hereby terminate the purchase contract concluded by me/us (*).of the following goods (*)/the provision of the following services.
(*)Ordered on (*)/received on (*)
Name(s) of consumer(s) Address(es) of consumer(s)
Signature of the consumer(s) (for paper communication only)
paint as required.
§6 Prices and shipping costs
6.01 All prices are inclusive of value added tax plus shipping costs.
6.2 The height of the forwarding expenses results from the data in the respective offer. The values of the goods indicated for the shipping costs refer to the value of the goods before deduction of credit notes and receipts. The redemption of vouchers of any kind has no influence on the calculation of the shipping flat rates.
6.3 For shipments abroad, additional customs duties may apply, which the responsible customs authorities will collect directly from you. For deliveries to non-EU countries, we declare the delivery with the description of content and value. All customs and import charges are to be borne by the recipient. National import regulations for the respective products must be observed by the customer. We assume no responsibility for the conformity of our products with national directives and regulations outside the EU.
§7 Terms of delivery
7.1 We deliver with DHL or another supplier of our choice. We deliver exclusively to the countries mentioned under point 7.2.
7.2 We deliver within Germany and to the following countries: Austria, Spain, Liechtenstein, Finland, France, Greece, Cyprus, Belgium, Denmark, Great Britain, Ireland, Italy, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, San Marino, Sweden, Slovakia, Slovenia, Czech Republic, Hungary, Bulgaria, Estonia, Latvia, Lithuania, Croatia, Norway, Turkey.
7.3 Unless otherwise stated in the offer, the goods will be shipped within 3 working days after receipt of payment. In the case of delivery on account, the goods will be shipped within 5 working days after delivery of the order confirmation, unless otherwise stated in the offer.
7.4 If Vip Shisha cannot deliver the ordered goods without own fault, because our supplier does not fulfill his contractual obligations, we are entitled to withdraw from the contract with the customer. In this case the customer will be informed immediately that the ordered product is not available. The customer’s statutory claims shall remain unaffected. An already paid purchase price will be refunded immediately.
7.5 Our offer is aimed exclusively at persons of full age. If the customer is under 18 years old, he may not order any articles about us. The delivery and handing over of the product takes place exclusively to persons of full age.
§8 Terms of payment
8.1 Payment is made either by Paypal or prepayment. Customers also have the option of Paypal without Paypal account and registration by direct debit or credit card to pay. We reserve the right to exclude individual payment methods.
8.2 Payments are only due when you have sent the order to us. If you pay in advance, we will send you our bank details with our order confirmation by e-mail so that you can make the payment. With debit and credit card, your account will be debited when the goods are shipped. With the payment method Paypal you are led directly from the order procedure on the payment sides of the respective payment enterprise and make the transfer directly.
9.1 If you are a consumer and place an order with us for a purpose which is not attributable to your commercial or professional activity, the warranty is governed by the statutory provisions.
9.2 If you place your order with us as an entrepreneur, the following applies:
9.2.1 Delivered goods are to be examined by the customer immediately, at the latest however within 7 days after delivery, as far as this is possible in the context of the proper course of business. If a defect becomes apparent, it must be reported to us immediately. If the customer fails to notify us, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. If such a defect is discovered later, the notification shall be made immediately after discovery, otherwise the goods shall also be deemed approved with regard to this defect. § 377 HGB remains unaffected. The customer shall not be released from his obligation to inspect even in the event of recourse by the entrepreneur pursuant to § 478 BGB. If, in these cases, he does not immediately notify the defect asserted by his customer, the goods shall also be deemed to have been approved with regard to this defect.
9.2.2 If there is a defect, we shall be entitled to determine the type of subsequent performance taking into account the type of defect and the legitimate interests of the customer. In the case of these contracts, subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This clause shall not apply in the event of recourse under § 478 BGB.
9.2.3 In the event of subsequent performance in the event of defects, we shall only be obliged to bear the necessary expenses, in particular transport, travel, labour and material costs, to the extent that these are not increased by the fact that the goods were taken to a location other than the customer’s registered office or commercial branch to which they were delivered. This clause shall not apply in the event of recourse under § 478 BGB.
9.2.4 The warranty claims of the customer, including claims for damages, expire after one year. This does not apply in case of recourse according to § 478 BGB and also not in case of §§ 438Abs. 1 Nr. 2 BGB. 1 no. 2 BGB or § 634a paragraph 1 BGB or § 634a paragraph 2 BGB. 1 No. 2 BGB. This shall also not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
§10 Damage compensation
10.1 If you are a consumer and order from us for a purpose which is not attributable to your commercial or professional activity, we shall be liable for damages in accordance with the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages in accordance with sections 10.2 to 10.8:
10.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions. If the claim is based on a grossly negligent breach of duty by us, our representatives or vicarious agents, the liability is limited to the foreseeable, typically occurring damage.
10.2.2 If we or our representatives or vicarious agents have culpably breached an obligation, the fulfilment of which is essential for the proper performance of the contract, the breach of which endangers the achievement of the purpose of the contract and on the observance of which the customer regularly relies – and there is no case of liability under the statutory provisions – the liability is limited to the foreseeable, typically occurring damage.
10.2.3 Unless otherwise specified in clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same shall apply if recourse claims are asserted against us as supplier in accordance with § 478 BGB.
10.3 The exclusions and limitations of liability according to clause 10.2 shall also apply to other claims, in particular tortious claims or claims for reimbursement of futile expenses in lieu of performance.
10.4 The exclusions and limitations of liability according to clause 10.2 do not apply to existing claims according to §§ 1, 4 Product Liability Act or due to culpable injury to life, body or health. They shall also not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the case of guarantee has occurred or the procurement risk has occurred.
10.5 We shall be liable for the assumption of a procurement risk only if we have expressly assumed the procurement risk in writing.
10.6 Insofar as the limitation of liability according to clause 10.2 does not apply to claims arising from producer liability according to § 823 BGB, our liability shall be limited to the remuneration paid by the insurance company. If this is not done or not done completely, we are obliged to assume liability up to the height of the insured sum. This clause shall not apply in the event of culpable injury to life, body or health.
10.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
10.8 A change in the burden of proof is not associated with the foregoing provisions.
§11 Customer service
Please contact us if you have any questions, complaints or concerns at
§12 Protection of minors
“If your order includes goods, the sale of which is subject to age restrictions, we ensure by the use of a
reliable procedure including a personal identity and age verification that the orderer has reached the required minimum age. The deliverer delivers the goods only after the age check and only to the orderer
§13 Legal system & place of jurisdiction
13.1 German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
13.2 For customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activity (consumer), this choice of law does not affect the mandatory provisions of the law of the state in which the customer has his habitual residence.
13.3 If the customer is a merchant, legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of our company in Dortmund.
14.1 The contract languages are German and English.
14.2 Should one or more provisions of these GTC be ineffective, the rest of the contract remains valid. As far as the regulations are ineffective, the contents of the contract depend on the legal regulations.
14.3 Online platform (OS platform) for out-of-court settlement of disputesAs online traders we are obliged to inform you about the Online Dispute Resolution (OS) platform of the European Commission. This can be reached via the following Internet address: Link to the platform of the European Commission.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Verbraucher haben die Möglichkeit, sich für die Beilegung ihrer Streitigkeiten an [Name, Anschrift, Webseite der Schlichtungsstelle] zu wenden. Wir sind verpflichtet, an Verfahren zur Streitbeilegung vor dieser Stelle teilzunehmen. Wir werden an einem solchen Verfahren teilnehmen.