Terms and Conditions - General Terms and Conditions

General terms and conditions, customer information, right of withdrawal and information on battery disposal

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts,
which you conclude with us as the provider (Tabac Benden GmbH) via the website www.hacico.de. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person,
who concludes a legal transaction for purposes that cannot be attributed predominantly to either their commercial or their independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity,
who, when concluding a legal transaction, acts in exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.
(2) With the listing of the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data and payment
and shipping conditions, all order data is then displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as the payment method, you will either be
Shop takes you to the order overview page or you are first forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be returned to our online
Shop directed to the order summary page.
Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the internet browser) or canceling the purchase.
By submitting the order via the "buy" button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is formed.

(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail),
which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, receipt of the e-mail
Mails are technically secured and, in particular, not prevented by SPAM filters.

§ 3 Contract period / cancellation of subscription contracts

(1) The subscription contract concluded between you and us has the agreed term.
If the contract is not terminated by one of the parties in text form (e.g. e-mail) 3 weeks before the end of the contract (unless another period is stipulated in the respective offer), it is tacitly extended by the agreed basic term. If the basic term is more than one year,
However, the contract is only extended by one year at a time.

(2) The right to termination without notice for good cause remains unaffected.

§ 4 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full.
Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice that accrue to you from the resale,
We accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as
when the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to check the item for completeness,
to check obvious defects and transport damage and to notify us and the forwarding agent of any complaints as quickly as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description are agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we provide a warranty, at our discretion, through repair or subsequent delivery. If the elimination of the defect fails,
you can demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of repairs, we do not have to bear the increased costs,
caused by the delivery of the goods to a place other than the place of performance, provided that the delivery does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:

-
culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- with things
which have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies.
For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office,
if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The permission,
calling the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

§ 7 Protection of minors

(1) When selling tobacco products and goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers
who have reached the legal minimum age.

(2) By submitting your order, you assure that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure
that only you or persons authorized by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.

(3) Insofar as we are obliged by law to carry out an age check,
we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification.
(4) If we state in the respective item description that you must be 18 years of age to purchase the goods, above and beyond the statutory minimum age, the above paragraphs 1-3 apply with the proviso that you are of legal age instead of the statutory minimum age got to.

§ 8 Customs
Taxes & Import Restrictions

(1) By sending your order, you assure that the import of the ordered goods is not subject to any import restrictions in the destination country.

(2) By submitting your order, you assure that you will declare goods that are subject to declaration to the responsible customs authority of the destination country.
(3) By sending your order, you assure that you will bear all costs, fees, taxes and customs duties associated with the import and settle them directly with the responsible authorities.

(4) If the customs authority of the destination country rejects the shipment or refuses the import,
you undertake to assume all costs and damages arising or incurred as a result, such as penalties from the authorities and return costs.

The replacement of goods and transport costs by us is excluded if the authorities retain the goods.

If goods are returned to us,
we will replace the value of the goods minus all transport and return costs after receipt of the goods in our warehouse, provided the goods are still in a salable condition.

__________________________________________________________________________________________

II. Customer Information

1. Identity of Seller
Tabac Benden GmbH
Burghofstraße 28
40223 Düsseldorf
Germany
Telephone: 040181296340
Email: service@hacico.de

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2.
Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1.
Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data,
the information required by law for distance contracts and the general terms and conditions will be sent to you again by e-mail.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail,
which you can print out or save electronically.

4. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices.
They contain all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer,
are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties,
Taxes or money transfer fees (bank transfer or exchange rate fees) which you must pay. You must also bear the costs incurred for the money transfer in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of Delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law
that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment is at your own risk.

7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

8. Contract Term / Termination

Information on the term of the contract and the terms of termination can be found in the regulation "Contract term / termination in the case of subscription
Contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.

These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity.
Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.

last update: 07.12.2017

 

 

II. Right of withdrawal for consumers
(Consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to either their commercial or their independent 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 designated by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and this is or will be delivered in one go;

- on which you or a third party designated by you who is not the carrier
have taken possession of the last goods, if you have ordered several goods as part of a single order and they are delivered separately;

- on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last item,
if you have ordered goods that are delivered in several partial shipments or pieces;

- on which you or a third party named by you who is not the carrier took possession of the first goods,
if, as part of an order, goods are delivered for regular delivery over a specified period of time.

In order to exercise your right of withdrawal, you must send us (Tabac Benden GmbH, Industriestr 18, 25469 Halstenbek, telephone number: +4940181296340, e-mail address: service@hacico.de) a clear statement (e.g.
a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient
that you send the communication regarding the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we will credit you with all payments we have received from you, including delivery costs (except for additional costs resulting from
that you have chosen a different type of delivery than the cheapest standard delivery offered by us) 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 expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment.

We can refuse the refund for goods that can be sent by parcel post,
until we have received those goods back or until you have provided proof that you have sent back those goods, whichever is earlier.

We pick up the goods that cannot be shipped as a parcel.

You have the goods that can be sent by parcel post immediately and in any case no later than fourteen days from the day
on which you inform us about the revocation of this contract, to us or to Tabac Benden GmbH, Burghofstraße 28, 40223 Düsseldorf, Germany. The deadline is met if you send the goods that can be sent by parcel post before the period of fourteen days has expired.
You bear the direct costs of returning goods that can be sent by parcel post. We bear the costs of returning goods that cannot be sent by parcel post.

You only have to pay for any loss in value of the goods if this loss in value is due to an examination of the quality,
Characteristics and functioning of the goods is not due to the necessary handling of them.

Reasons for exclusion or expiration

The right of withdrawal does not apply to contracts

- for the delivery of goods,
which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;
-
for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
- to deliver newspapers,
Periodicals or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

- for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the delivery of goods,
if these were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.

 

Sample withdrawal form

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

- To Tabac Benden GmbH, Burghofstraße 28, 40223 Düsseldorf, Germany, email address: service@hacico.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 the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date

(*) Delete where not applicable.

 

III. Battery Disposal Instructions

In connection with the sale of batteries or the delivery of devices that contain batteries, we are obliged to draw your attention to the following:
As an end user, you are legally obliged to return used batteries. You can use old batteries that we have or have had as new batteries in our range,
return it free of charge to our shipping warehouse (shipping address). The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out wheeled bin means that the battery must not be disposed of with household waste.
Pb = battery contains more than 0.004% lead by mass
Cd = battery contains more than 0,
002 mass percent cadmium
Hg = battery contains more than 0.0005 percent by mass of mercury.

Please note the above instructions.