Translated with Google - No liability is assumed
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the onlineshop “$hi$ha Rainbow” with the domain “www.shisha-rainbow.com” is: ShiSha Rainbow, Lüderitzstraße 17, 13351 Berlin, Germany, Mail comission [at] shisha-rainbow.com (referred to hereinbelow as the “Vendor“ for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented in the onlineshop for sale. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The Vendor shall deliver the merchandise to destinations worldwide.
(4) Customers shall select the merchandise desired by placing it in their “Warenkorb” (shopping cart) by clicking on the button “BUY ME” and continuing his purchases or by finishing to selct the merchandise by clicking the button “check out”. The order will be conclusively placed with the Vendor by clicking on the button “Confirm Order”. Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the merchandise presented in its shop. The Acceptance of the sales offer by the customer depends on the selected form of payment: Where the customer has selected bank transfer (“Gegen Vorkasse”) as the form of payment the contract is concluded by transmitting the order using the button “Confirm Order”. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of the contracts concluded is stored by the Vendor and is send to the customer with the contract confirmation.
(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance
(8) If the finished goods are not paid within 6 weeks from the costumer, the contractor reserves the right to release the good, including all received materials, for resale
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. Turnover tax is not charged.
(2) The shipping costs are listed in the respective product description.
(3) Where deliveries are made to countries outside the European Union, customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) At the selection of the customer, the Vendor shall deliver the merchandise against pre-payment by bank transfer and against pre-payment using PayPal under the following conditions:
(a) Where the customer has selected “Vorkasse” by bank transfer as the form of payment, the Vendor’s bank account details will be provided in the contract confirmation. Exclusively SEPA transfers denominated in Euros shall be accepted for bank transfers from abroad.
(b) Where the customer has selected “PayPal” as the form of payment, the customer will be directed from the Vendor`s website to the PayPal online service, where the customer can enter his PayPal-data.
(5) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
(6) The order will only be shipped if the full price + shipping cost is paied
Section 4 – Shipment, delivery periods
(1) The vendor shall deliver the merchandise within the timeframe which is listed in the respective product description.
(2) For deliveries to destinations outside Germany, a period of 2-9 business days, depending on the destination, has to be added to the respective domestic delivery time.
(3) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract. The Vendor shall inform the customer of the costs of re-shipping the merchandise by e-mail. The re-shipment shall be made only upon receipt of payment for these costs.
(4) The vendor doesn't liable for losses caused by the post if the buyer chose the uninsured shipping.
Section 5 – Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The vendor shall grant a 14 day withdrawal period to a consumer having his permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period; in derogation herefrom, the withdrawal period for consumers who have their permanent residence in Slovenia is 15 calendar days.
(3) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.
(4) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside the European Union also in those cases in which local law of the consumers does not provide for a right of withdrawal.
(5) Due to german right § 312d Absatz 4 Nr. 1 BGB there exists no right of withdrawal by distance contracts as long it deals with shipment of goods which are made of the specific whishes of the consumer (comission and custom-made article).
Section 6 – Warranty
All warranty claims of the customer shall be governed by the statutory regulations.
Section 7 – Data Protection Policy
(1) The vendor shall collect and process the data input by the customer in the course of his purchase for the purpose of processing the contract and performing in accordance with same. The collected data consists of the customer`s name, address, e-mail-address and his company information that you specify. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transfered to the vendor.
(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s name and address to the contracted shipping company.
(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.
(4) The customer may at any time request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(5) The controller of data protection is the vendor referred to in section 1 paragraph 1.
(6) To the extent customers use the services of PayPal in order to pay for their purchase, the data protection provisions established by PayPal shall apply to the payment process. In this context, PayPal shall be taking action as the person employed by the customers in the performance of their obligations (Erfüllungsgehilfe), not as a person so employed by the Vendor.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the customer is a merchant, legal persons under public law, or special assets (Sondervermögen) under German public law the parties to the sale contract agree to submit the exclusive jurisdiction of the courts at the registered seat of the Vendor in Berlin (Germany) and that the registered seat of the Vendor should also be the place of performance of his contractual obligations.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
(4) In case of any inconsistency between the German version of above provisions and their English translation the German version shall prevail.