Terms of service

§ 1 Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of TUX Smoking GmbH, Herbststraße 53/28, 1160 Vienna, Austria (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the goods presented by the Seller in its online shop. The Seller does not recognise any deviating or conflicting terms and conditions of the Customer unless the Seller has expressly agreed to their application in writing. Acts performed by the Seller in fulfilment of the contract do not constitute consent to terms and conditions deviating from these GTC.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.3 The products offered may only be purchased by persons aged 18 or over. By placing an order, the Customer declares bindingly that they have reached the age of 18. The Customer bears responsibility for the accuracy of their details. The Seller reserves the right to refuse or cancel orders where there are concrete indications that the Customer has not yet reached the age of 18.

§ 2 Order and Conclusion of Contract

2.1 The presentation of goods in the online shop does not constitute a binding offer by the Seller to conclude a purchase contract, but rather a non-binding invitation to the Customer to submit an offer.

2.2 The Customer may submit their contractual offer via the order form integrated into the 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 in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process.

The order is placed in the following steps:

  1. Selection of the desired goods
  2. Entry of delivery details (first name, last name, street and house number, postcode, city, country, e-mail address, telephone number)
  3. Display of pre-contractual information for consumers pursuant to § 5a KSchG and § 4 FAGG
  4. Selection of shipping method and payment method
  5. Review of the details in the shopping cart
  6. Binding submission of the order by clicking the "Buy now" button (or equivalent)

2.3 By submitting the order, the Customer places a binding offer to conclude a purchase contract for the goods contained in the shopping cart. At the same time, the Customer acknowledges these GTC and the pre-contractual information as solely governing the legal relationship with the Seller.

2.4 The Seller confirms receipt of the order by sending a confirmation e-mail. This order confirmation does not yet constitute acceptance of the contractual offer, but merely serves to inform the Customer that the order has been received. Acceptance of the contractual offer is effected by delivery of the goods or by a separate express declaration of acceptance by e-mail.

2.5 The Seller reserves the right to refuse orders without stating reasons, in particular in the event of unavailability of the goods, justified doubts about the Customer's ability to pay, or suspicion of the Customer being under the age of 18. In such cases, the Customer will be informed without delay and any payments already made will be refunded in full.