Terms & Conditions
TERMS OF TRADE
COPYRIGHT
The content of
this site is property of www.cigaraccessories.gr and in case of
partial or total copy of it, our company serves the right to use its legal
right. All the copyrights of the existing web page are owned to Cigar Accessories or
to our legal third parties. Having access to this web site you agreed that you
accept the upper lows regarding the copyright issue.
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.
3. The use of the online pages
and services of www.cigaraccessories.gr by the visitor/user requires the
unreserved agreement with the following terms of use, that apply to the sum of
the content included in the webpage. Consequently, the visitor/user has to read
carefully these terms before using the services of the webpage and if he/she is
not in agreement, should not use the services and their content. The
user/visitor is requested to check the terms of use content for possible
changes. The continuing use of www.cigaraccessories.gr even after changes are
applied, is signifying the unreserved acceptance of these terms on behalf of
the visitor/user.
§ 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.