Conditions of Use
General terms and conditions of trade of the Tabak Träber OHG (called „Tabak Träber“ below)
The following terms and conditions of trade apply exclusively for orders and deliveries of goods via the online shops
Exclusive validity of the terms and conditions:
Within the scope of these services, the following terms and conditions apply exclusively.
1.Formation of contract:
1.1 All offers by Tabak Träber are nonobligatory.
A contract is accomplished by the customer´s obligatory offer and its acceptance by Tabak Träber.
The customer can make his offer using the order form provided online.
Tabak Träber accepts the order by the delivery of the ordered goods.
Only persons of unlimited legal capacity over 18 years are able to conclude a contract with Tabak Träber.
1.2 The ordering procedure includes 5 steps:
1) Choice of desired goods
2) Input of customer data including an invoice address and – in case being deviating- a delivery address
3) Choice of payment method
4) Final check and- in case being neccessary- correction of data
5) Completion of the order by pressing the button „buy“
1.3 If any error concerning the product details occurs after an ordering procedure the customer will be informed immediately by Tabak Träber.
Either the customer can confirm his order under the changed conditions or Tabak Träber is entitled to rescind the contract.
1.4 The language used for the conclusion of contract is German.
1.5 The range of order is limited to common household quantities.
2. Storage of contract:
The contract containing the details of the ordering procedure will be stored by Tabak Träber.
The customer has the possibility to print it out within the last step of order by clicking „print“ prior the dispatch of order.
Furthermore Tabak Träber sends an order confirmation to the email address provided by the customer containing all details of the order and the right of rescission.
3. Prices/shipping costs:
All prices are final prices including value added tax (VAT).
Changes in prices particularly caused by tax increases are reserved.
The minimum order value amounts to ¤ 30,00.
The following shipping costs will be charged:
Up to a value of € 100,00: € 6,90
From a value of € 100,00 on: € 0,00
within the EU: € 16,90
all other countries: € 39,90
All ordered goods will be delivered to the delivery address provided by the customer.
In case of not being in stock even part-deliveries are possible.
Country-specific import regulations have to be observed.
All fees caused by the delivery to foreign countries have to be paid by the customer.
5. Reservation of proprietary rights:
Each article remains property of Tabak Träber until it is completely paid together with all other articles of the same order.
6. Terms of payment
Payment can be made either in advance by banktransfer, PayDirekt or Visa.
In case of choosing this method of payment the customer receives the bank details within the order confirmation.The invoice amount has to be transfered to Tabak Träber´s account within 10 days.
10 Final Provisions
7. Warranty and liability:
7.1 The warranty is based on the legal requirements unless it is regulated below.
7.2 The customer has to inspect the delivered goods for completeness and deficiencies immediately after receipt.
7.3 If a deficiency occurs during the warranty period the customer has the poosibility to demand rectification. If a second attempt of repair fails or further rectification is not reasonable for the customer either the rescission of the contract or a reduction in price is an option.
Warranty can only be claimed under the premise that the defect is not caused by misuse or overuse.
If a defect occurs more than 6 months after delivery the customer has to proove that the product has already been defective at the moment of delivery.
7.4 Tobacco Träber liable for property or pecuniary damage which have occurred to the goods themselves, only for intentional and grossly negligent behavior.
7.5 In cases of ordinary or simple negligence Tabak Träber liable for property or pecuniary damages only for breach of so-called cardinal obligations. Liability is limited to the extent to the foreseeable typical contractual damage. Liability for untypical indirect or consequential damages is excluded.
a). If the liability of tobacco Träber is excluded or limited, this also applies to the liability of all persons whose behavior can be attributed to tobacco Träber.
b). Any statutory liability provisions remain unaffected by the above provisions.
You have the right to cancel within fourteen days without giving any reason this contract.
The revocation period is fourteen days from the date on which you or a third party named by you, other than the carrier, the last installment or the last piece have taken possession.
To exercise your right of cancellation, you must pay us, Tabak Träber OHG, Drubbel 4, D-48143 Münster, Fax: 0251-260669, Email: firstname.lastname@example.org by a clear statement (eg a consigned by post. letter, fax or email) of your decision to withdraw from this contract, inform. You may use the attached model withdrawal form which is not prescribed.
In order to observe the revocation period it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal deadline.
8.2 Consequences of revocation
If you withdraw from this contract, we give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than those offered by us, expensive type of standard delivery have), and repay immediately latest within fourteen days from the date on which the notification is received via your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for such repayment. We may withhold the reimbursement until we have received the returned goods again, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract to us or to pass. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods, if this value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling them.
9 Data Protection
9.1 Tabak Träber collects, processes and uses the personal data of the customer only if there is a corresponding consent or a legal provision or legal provision allowing the collection, processing or use of the data. Tabak Träber collects, processes and uses only such data as is necessary for the render of its services, as well as the use and operation of the internet portal and/or the services offered on the internet portal.
9.3. Links to other websites.
As far as we refer or link from our internet offer on the web pages of third, we can assume guarantee and liability for the correctness and/ or completness of the contens and the data security of these websites. Since we have no influence on the compliance to the data protection regulations by third parties, you should examine the respective offered data protection statements separately.
10.1 Should one or several provisions of these Terms is invalid, this shall not affect the validity of the entire contract. The ineffective provision shall be replaced by the relevant, statutory regulation.
10.2 The law of the Federal Republic of Germany under exclusion of the UN Sales Convention. The exclusive venue for all claims in connection with the business relationship is Münster. This does not apply if the customer is the final consumer. Tabak Träber is entitled to sue at the general jurisdiction of the purchaser.
10.3 Alterations and additions to the provisions contained in these Conditions shall be effective unless in writing. No oral or written side agreements bind Tabak Träber only after written confirmation.
10.4. Online Dispute Resolution according to Art. 14 Abs. 1 ODR-VO:The European Commission provied a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/