General terms and conditions
§1 a
Scope & defense clause
(1) For the legal relationships between the company Nadir Ibrahimoglu eK "Provider" and its
customers are subject to the following terms and conditions in the current version at the time of
order.
(2) Different terms and conditions of the customer are not valid.
§2
Conclusion of the contract
(1) The presentation of goods on the internet shop is not a binding offer by the supplier to
conclude a contract of sale, the customer will only be required to submit an order through an
offer.
(2) By sending the order via the internet store, the customer makes a binding offer to conclude a
contract of sale of the goods contained in the shopping cart. By submitting the order, the
customer accepts these terms and conditions as the legal relationship with the seller.
(3) The provider shall acknowledge receipt of the customer's order by sending a confirmation
email. This confirmation is not yet accepting the contract offer by the seller; they serve only
to inform the customer that the order is received by the provider. The declaration of acceptance
of the offer made by the delivery of goods or an explicit declaration of acceptance.
(4) Our offer is subject to change. Availability, errors, prior sale, model and price changes,
we must reserve.
Our prices are always cash prices including VAT, discounts and rebates are already taken into
account. With firm orders with delivery date daily prices are calculated.
(5) We have no minimum order value. Postage and packaging flat rate within germany: Payment in
advance 6,00€ up to 29,00€, delivery 10,00€; starting from 29.00€ postage/ packing free.
Deliveries within europe and worldwide only against advance payment, shipping costs are
calculated individually.
For deliveries outside EU additional fees and duties may apply and are payable by the customer on
site.
§3
Retention of title
The delivered goods remain until full payment of the property of the provider.
§4
Maturity
The payment of the purchase price is due with contract. Shipping to germany takes place via cash
on delivery or payment in advance (bank transfer or direct debit order). We do not ship on
account.
§5
Warranty
(1) The warranty rights of the customer are governed by the general law, as long as nothing else
is determined. Claims for damages by the customer against the supplier is the provision in §6 of
these Terms and Conditions.
(2) We provide industry-standard manufacturer's warranty and service.
Defects or damage caused by improper or negligent handling by the customer is excluded from
warranty. The limitation period for warranty claims of customers of consumer products to new
things 2 years. Compared to entrepreneurs, the limitation period for newly produced goods and for
used goods is one year. The above reduction of the period of limitation does not apply to
compensation claims by the customer due to injury to life, body or health, as well as claims for
damages due to breach of contract. Material contractual obligations are those whose performance
to achieve the objective of the contract is necessary, eg the provider has the item free to pass
the customer from material defects and deficiencies and to give the title to her. The above
reduction of the limitation also does not apply to claims for damages based on an intentional or
grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
Compared to entrepreneurs also excluded from the reduction of the limitation of the right of
recourse is under §478 BGB.
(3) A guarantee is not explained by the seller.
(4) Warranty claims must be made within the warranty period. The repair of the defect, either the
repair or the replacement delivery is our choice.
§6
Disclaimer
(1) Claims for damages by the customer are excluded, as long as nothing else is determined. The
above disclaimer applies to the legal representatives and agents of the provider, if the customer
asserts claims against these claims.
(2) Excepted from the given in clause 1 disclaimer claims for damages due to injury to life,
limb, health, and claims for damages from the breach of contract. Material contractual
obligations are those whose performance to achieve the objective of the contract is necessary, eg
the provider has the item free to pass the customer from material defects and deficiencies and to
give the title to her. From the disclaimer is also excluded liability for damages based on an
intentional or grossly negligent breach of duty by the provider, his legal representatives or
vicarious agents.
(3) provisions of the product liability act (ProdHaftG) remain unaffected.
§7
Transport damage
(1) The damage of a shipment must be filed with us within 48 hours, accompanied by an official
statement of the facts of DHL, otherwise, the claim for free replacement . If there are any
defects in the delivery a written complainet has to be sent to us within 48 hours by fax, email
or mail.
§8
Delivery
(1) Delivery is from stock to the delivery address specified by the customer. Delivery is only
available while stocks last. We deliver quickly and on time. From being exceeded, for example,
the delivery period no claims against us may be asserted.
(2) Delivery is at the customer's risk.
§9
Compensation
Compensation rights of the customer exist only if its compensation claim was legally established
or is undisputed.
§10
Choice of law & jurisdiction
(1) The contractual relationship between the provider and the customer, the law of the Federal
Republic of Germany. Exceptions to this choice of law are the mandatory consumer protection
provisions of the country in which the customer has his habitual residence. The application of
the UN Sales Convention is excluded.
(2) Place of jurisdiction for all disputes arising from the contractual relationship between the
customer and the provider is Hamburg, provided that the Customer is a merchant, a legal entity
under public law or a public law special fund.
§11
Severability
If any provision of these terms and conditions be invalid, the validity of the remaining
provisions shall not be affected thereby.
§12
Mouthpiece shipping conditions
Mouthpiece order conditions Germany
The shipping cost of mouthpieces up to 25.00 euros : Payment in advance €6,00 and cash on delivery €10,00.
From 25,00 EUR purchase shipping is free.
If not satisfied and returning the mouthpieces, the invoice amount less shipping and handling fee
(per mouthpiece 3.00 €) will be refunded. On demand we can send more mouthpieces for trial.
Returns by COD or freight collect will not be accepted by us! We therefore ask you to return it by package.
Please enter your bank details (SEPA for refund!) on the attached invoice.
For returns that do not arrive on time to us
(up to 5 days after deadline), an additional fee of 10,00 € will be charged.
Mouthpiece order conditions European Union
If not satisfied and returning the mouthpieces the invoice amount less handling fee ( per mouthpiece 10.00 € if no mouthpiece is purchaged) will be refunded
The costs for returning will be paid by customer.
§13 Pictures
Pictures may vary and can be similar and not updated when products change minor details.