Terms of service
1.1 These General Terms and Conditions of Business (hereinafter “T&C”) of TUX Smoking GmbH (hereinafter “seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “customer”) with regard to the goods displayed by the seller in its online shop. The inclusion of the customer’s own terms and conditions is excluded unless agreed otherwise. The company’s deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions of Business (abbreviated: T&C); the company does not recognise any terms and conditions of the customer that conflict with or deviate from these T&C unless the company has expressly agreed to their validity. Contractual performance by the company is not deemed to constitute consent to contractual terms and conditions that deviate from these TC.
1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that cannot be classified as belonging predominantly to their commercial or entrepreneurial activity. An entrepreneur within the meaning of these T&C is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or entrepreneurial activity.
The products offered may only be purchased by adults.
Order and Conclusion of Contract
The presentation of goods in the online store does not constitute a binding offer on the part of the company to conclude a sales contract. The customer is merely invited to make an offer by placing an order.
The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the goods contained in the shopping basket by clicking the button that concludes the ordering process.
The order process is as follows:
- Select the goods you wish to purchase
- Enter the login details for registration in the online shop (first name, surname, street and house number, postcode, town, country, e-mail address, telephone number).
- Display of the pre-contractual information for consumers within the meaning of § 5a KSchG and § 4 FAGG
- Choose the shipping method and method of payment (prepayment, invoice)
- Check the information in the shopping basket
- Confirm by clicking the “order” button
- Check your order again and if necessary correct the data you have entered
- Send the binding order
- By sending the order in the online shop, you make a binding order to conclude a purchase contract for the goods contained in the shopping basket. By sending the order, you accept the pre-contractual information for consumers and these T&C as the sole authoritative basis for the legal relationship with the company.
- The company confirms receipt of your order by sending a confirmation e-mail. This order confirmation does not yet constitute acceptance on the part of the company to conclude the contract. It merely informs you that the order has been received by the company. The declaration of acceptance of the offer to conclude the contract is made by the delivery of the goods or an express declaration of acceptance.