Terms & Conditions
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Terms & Conditions & Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
1. The following terms and conditions are valid for all contacts concluded between you and us (Cigar Accessories) as the Supplier via the internet page cigaraccessories.gr or by telephone, fax or email, insofar as no alteration is agreed in writing between the Parties. Differing or conflicting terms and conditions are only effective with our explicit agreement.
2. We only offer our wares for sale insofar as you are a natural or legal person or a company or partnership capable of being subject to legal rights and duties which is exercising its commercial or freelance activity when concluding a legal transaction (contractor). The conclusion of a purchase contract with consumers is excluded.
§ 2 The coming into effect of the contract
1. The subject of the contract is the sale of cigars and cigar accessories online. The details, in particular the essential characteristics of the products, are found in the article descriptions and the supplementary specifications on our online presence / in our catalogue.
2. Our offers on the internet do not constitute a binding offer for the conclusion of a contract.
3. You can submit a binding purchase offer (order) by telephone, email, or fax; in writing; or by our online shopping cart system.
o When making a purchase via the online shopping cart system, the products you intend to purchase are deposited in a "shopping cart". There is a button in the navigation bar which allows you to call up the shopping cart and make changes to it at any time. After calling up the page "check-out"; and entering your personal data, and payment and delivery conditions, you will be shown the final order data on the order overview site.
o Before sending the order, you have the chance to check all the details here, to change them (the "back" function on your internet browser can also be used for this) or to discontinue the purchase. When you send the order via the corresponding button, you do not submit a binding offer to us.
o You will then receive an automatically generated email notifying you of the receipt of your order. This is still not, however, the completion of a contract.
4. The acceptance of the offer (and thus the conclusion of the contract) will take place within 4 working days with a confirmation in text form (for example email) in which the execution of the order or delivery of the wares will be confirmed to you (confirmation of order).
5. On request, we will create an individual offer for you, which we will send to you in text form and to which we will bind ourselves for 5 working days. You accept the offer with confirmation in text form.
6. The order will be handled and all the information necessary in connection with the completion of the contract will be transmitted by email, partly automatically. For this reason, you must make sure that the email address you register with us is correct, that you ensure your reception of emails and, in particular, that this is not hindered by a spam filter.
§ 3 Products and Information
1. Cigaraccessories.gr may add, delete, or change some or all of its products and services at any time. Cigaraccessories.gr has attempted to accurately depict the products offered on the site however, because the depiction of a product is dependent on your computer monitor, Cigaraccessories.gr cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size, depending on your monitor. Some photographs have been enlarged to show detail.
2. The site and products and information on the site are provided on an 'as is' basis. Neither Cigaraccessories.gr nor its subsidiaries, affiliates or any of their respective employees, agents, directors, employees, representatives will be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising directly or indirectly from use of the site, the information contained on or transmitted from the site or products available or purchased through the site, or transactions conducted at the site, even if cigaraccessories.gr has been advised of the possibility of such damages or losses. You hereby acknowledge that all the provisions of this section will apply to all use of the site, the information contained on the site and products available or purchased through the site and transactions conducted at the site.
§ 3 Prices, terms of payment and shipping charges
1. The prices listed in the individual offers are net. They do not include statutory value-added tax.
2. The shipping charges which arise are not included in the purchase price. They are calculated separately insofar as free delivery has not been promised. More details can be found in the correspondingly labelled button on our internet site or in the individual offers.
3. You have the methods of payment available shown via a correspondingly labelled button on our internet site or in the individual offer. Insofar as no other period for payment is given for the individual methods of payment or on the invoice, the claims for payment arising from the contract concluded are due for payment immediately. Deductions for discounts are only permitted provided they are explicitly shown in the individual offer or on the invoice.
§ 4 Delivery conditions
1. The estimated delivery time is given in the individual offers. The scheduled delivery date and delivery time are only binding if they are confirmed by us in writing. If the payment is being done by prepayment by bank transfer, the wares will only be delivered after the full purchase price and shipping costs have arrived in our account.
2. Should a product which you have ordered not be available, contrary to expectations, despite finalization of an adequate covering transaction occurring in good time, for reasons which cannot be attributed to us, you will be informed without delay about the unavailability, and, in case of cancellation, any payments already made will be returned to you without delay.
3. The delivery shall be at your risk. If you wish it, the delivery can be covered by appropriate transport insurance, whereby the costs incurred for this are to be covered by you.
4. Partial deliveries are permitted, and we may charge for them separately, if this does not result in your incurring additional costs for shipment.
5. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree cigaraficionado.com is not responsible for such errors or discrepancies.
§ 5 Warranty
1. You are obliged to check the wares for quality and differences in amounts without delay and with due care, and to notify us in writing of obvious defects within 7 days of receipt of the wares, whereby the timely dispatch of the report is also sufficient here in order to adhere to the deadline. This is also valid for subsequently identified hidden defects from time they are discovered. In the event that the obligation to inspect and provide notice of any defects is violated, asserting claims for warranty is precluded.
2. In case of defects, we have the right to choose either to repair the defect or to deliver a replacement. If we are unable to remedy the defect, you have the right to demand either a price reduction or may withdraw from the contract, at your own choice. The remedy of the defect shall be deemed as failed after the second unsuccessful attempt, if nothing to the contrary arises based on the nature of the item or the defect, or other circumstances. If there is a rectification, we do not need to bear the increased costs created by taking the wares to a location other than the place of performance, if the shipment does not correspond to the intended use of the goods.
§ 6 Liability
1. We are liable in each case and without restriction for damages arising from injury to life, limb or health. Further, we are liable without restriction in all cases of malicious intent and gross negligence, for fraudulent concealment of a defect, for the assumption of warranty for the condition of the purchase item and in all other cases governed by law.
2. Liability for defects within the scope of the statutory warranty shall be in accordance with the corresponding regulation in our Customer Information (Part II) and General Terms and Conditions (Part I).
3. Insofar as material contractual obligations are affected, liability is restricted in cases of slight negligence to typical and foreseeable damages. Material contractual obligations are material obligations arising from the nature of the contract whose infringement would jeopardize achievement of the purpose of the contract, as well as obligations, which the contract imposes on us in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which makes the due execution of the contract possible and compliance with which you may regularly rely upon.
4. In the case of an infringement of immaterial contractual obligations, liability is excluded in cases of ordinary negligent breaches of duty.
5. There can be no guarantee on the basis of currently available technology that data communications on the Internet are error-free and/or available at all times. In this respect, we shall not be liable either for the continuous or uninterrupted availability of the website and the service offered there.
§ 7 Data Protection
1. The data of the customer are stored by electronic data processing and will be passed only on the necessary third persons, only if it is necessary for the transaction (e.g. bank, shipping company), with previous information of the consumer. These data are fully protected according to all laws and will not be further stored or used by our company.