Conditions

General terms and conditions of the online shop https://smokingjuice.de

1 Applicability to entrepreneurs and definitions of terms

(1) The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.

Our customers are both consumers and entrepreneurs. According to Section 13 of the German Civil Code, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. According to § 14 BGB, an entrepreneur 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.

Youth Protection Officer:
Mr Dennis Gießer

Odenwaldstrasse 6
D-60528 Frankfurt am Main
Germany

Contact: dennis.gieser@cantor-cauchy.com

2 Formation of a contract, storage of the contract text

(1) The following regulations on the conclusion of the contract apply to orders via our internet shop https://www.smokingvape.de.

(2) If the contract is concluded, the contract comes with it

YaakMen GmbH

Yaakoubi

Adam-Opel-Str. 7 - 11
D-60386 Frankfurt am Main
Germany

Registration number: HRB No. 108269
Registration court: Frankfurt am Main

conditions.

(3) The presentation of the goods in our online shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.

(4) When an order is received in our online shop, the following regulations apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.

The order is made in the following steps:

1) Selection of the desired goods

2) Confirm by clicking the "Order" button

3) Checking the information in the shopping cart

4) Click on the "Checkout" button

5) Registration in the online shop after registering and entering the applicant details (e-mail address and password)

6) Re-examination or correction of the entered data.

7) During the ordering process, an age check is carried out once using your ID card data.

7) Binding dispatch of the order by clicking the button "order with costs" or "buy"

Before the binding submission of the order, the consumer can return to the website on which the customer's details are recorded and correct or correct input errors by pressing the "Back" button in the Internet browser he is using after checking his details Closing the internet browser cancel the ordering process. We confirm receipt of the order immediately by an automatically generated email ("order confirmation"). With this we accept your offer.

(5) Saving the text of the contract when ordering via our online shop: We save the text of the contract and send you the order data and our general terms and conditions by email. You can also view the terms and conditions at any time at https://smokingjuice.de//agb. You can view your past orders in our customer area under My Account --> My Orders.

3 Prices, shipping costs, payment, due date

(1) The prices indicated include the statutory sales tax and other price components. In addition, there are any shipping costs.

(2) The consumer has the option of paying in advance, PayPal, credit card (Visa, Mastercard).

(3) If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract.

Insofar as we deliver cash on delivery, the purchase price claim becomes due upon receipt of the goods.

4 delivery

(1) Unless we have clearly stated otherwise in the product description, all items we offer are ready for dispatch immediately. The delivery takes place within 15 working days at the latest. In the case of payment in advance, the period for delivery begins on the day after the payment order to the bank commissioned with the transfer and for all other payment methods on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.

(2) The delivery is made to us on the dispatch route by a transport company to be commissioned. We deliver to the shipping address you provided when you placed your order. If you have selected "PayPal" as the payment method, the delivery address stored in "PayPal" is decisive.

(3) In the event that the transport company sends the goods back to us because the delivery failed, you must bear the costs for the unsuccessful shipment. This does not apply if you make use of a right of withdrawal to which you are entitled by refusing acceptance or if you are prevented from accepting and were not informed by us in advance about the service in good time.

(4) You bear the risk of accidental loss or accidental deterioration of the goods from the time they are handed over to you or a person authorized to receive them. If you bought the goods as an entrepreneur, the risk of accidental loss and accidental deterioration passes to you from the time the goods are delivered at our place of business to the transport company commissioned by us.

5 Retention of Title

(1) We reserve title to the goods until the purchase price has been paid in full.

(2) In the case of contracts with entrepreneurs, the goods remain our property until all claims from the current business relationship have been paid in full.

6 Liability for Material Defects

The German statutory warranty regulations apply.

7 Applicable Law / Jurisdiction

(1) The law of the Federal Republic of Germany applies to all legal transactions. International sales law does not apply unless the purchase contract was concluded with a consumer and this choice of law deprives him of mandatory provisions of the state in which he has his habitual residence that serve to protect him.

(2) In business transactions with a merchant and with legal entities under public law, the place of business of the seller is agreed as the exclusive place of jurisdiction for all legal disputes arising from the contract. The same applies in the event that the merchant or legal entity under public law does not have a general place of jurisdiction in Germany or the EU or that the place of residence or business is unknown at the time the action is filed. The possibility of the seller to sue the buyer at another legal place of jurisdiction remains unaffected.

8 more customer information

(1) The identity of the company and the information about the seller are regulated in § 2.

(2) Essential characteristics of the goods or services and the essential characteristics of the goods or services result from the respective product description.

(3) Prices, Delivery, Payment

Regulations on the price and payment of the goods can be found in §3. The delivery is regulated in §4.

(4) Conclusion of contract

The conclusion of the contract is governed by §2. Technical processing of the conclusion of the contract

As shown in §2, the contract is concluded through an offer and acceptance of the offer.

(6) Fix input errors

The customer can correct input errors before sending the order in the order form using the computer keyboard and mouse functions.

(7) Right of Withdrawal

You can find instructions on the right of withdrawal on our offer page under the section “Right of withdrawal or return”.

(8) Storage of the text of the contract

The text of the contract is stored by us. The text of the contract can also be accessed at smokingvape.de for a certain period of time.

(9) Privacy Policy

Personal data is any information relating to an identified or identifiable natural person.

Unless otherwise stated below, the provision of your personal data is not required by law or contract, nor is it necessary for the conclusion of a contract.

You are not obliged to provide your data. Non-provision has no consequences unless other information is provided for the respective data collection / processing operations. Collection and storage of personal data as well as type and purpose and their use in orders: However, we need your personal data so that we can send you the ordered products and fulfill our other contractual obligations and to process your inquiries. The provision of personal data is necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing takes place on the basis of Art. 6 I point b. DSGVO and is necessary for the fulfillment of the contract to be concluded with you. Your data will not be passed on to third parties without your express consent.

The only exceptions to this are our service partners, on whom we rely to fulfill our contractual obligations, as well as service providers we use in the context of order processing.

In addition to the recipients already named in this data protection declaration, these include shipping companies, payment service providers (banks), service providers for merchandise management, order processing, web hosts and IT service providers. The scope of the data transmission is limited to a minimum.

Using PayPal:

All PayPal transactions are subject to the PayPal Privacy Policy. You can find this at https://www.paypal.com/de/webapps/mpp/ua/privacy-prev?locale.x=de_DE

Duration of storage:

Even after the complete fulfillment of the contract, your data will be stored for the duration of the warranty period, which is usually 2 years, and thereafter in compliance with the relevant statutory, in particular tax and commercial law retention periods. In the event that you have not agreed to further processing and use, your data will be deleted after the deadline.

Rights of the data subject:

You have a right to information, correction, deletion, revocation, restriction of the processing of your data and data portability.

If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 I (f) GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for this that arise from your particular situation result, as well as against data processing for the purpose of direct advertising.

If you would like to make use of the rights just mentioned or if you have any questions about our information on data protection or the processing of your personal data, just send an email to: yaakoubi@gmx.de.

In accordance with Art. 77 GDPR, you have the right to complain to the supervisory authority if you assume that we are not processing your personal data lawfully.

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• 9 Right of withdrawal of the customer as a consumer:

Right of Withdrawal

Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:

Right of withdrawal

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us

YaakMen GmbH
Adam-Opel-Str. 7 - 11
D-60386 Frankfurt am Main

e-mail yaakoubi@gmx.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

End of revocation

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10 Withdrawal Form

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back.)

At:

YaakMen GmbH

Yaakoubi
Adam-Opel-Str. 7 - 11
D-60386 Frankfurt am Main

Email yaakoubi@gmx.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_____________________________________________________

Ordered on (*)/received on (*)

__________________

Name of consumer(s)

_____________________________________________________

Address of consumer(s)

_____________________________________________________

Signature of consumer(s) (only if notification is on paper)

__________________

Date

__________________

(*) Delete where not applicable.

11 Warranty

The statutory warranty regulations apply.

12 Contract Language

As contract language german will be available exclusively.

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13 Customer Service

Our customer service for questions, complaints and complaints is available on weekdays from 10:00 a.m. to 5:30 p.m

Telephone: 069/47883016
Fax: 069/47883016
Email: yaakoubi@gmx.de

available.

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Status of the General Terms and Conditions Oct. 2019