The following General Terms and Conditions (hereinafter T&Cs) are valid for all contracts, deliveries and other services supplied by the Company OLD SNUFFBOX – DIE TABAKDOSE, owner Ute Schubert, Kirchwerder Hausdeich 60, 21037 Hamburg (hereinafter: OLD SNUFFBOX – DIE TABAKDOSE) for her customers. The T&C which apply are those which are valid at the time of the order.
Any deviating regulations from the customer are hereby revoked. OLD SNUFFBOX – DIE TABAKDOSE only recognizes deviating regulations when they have been previously agreed in writing. Individual agreements made with the customer (including additional agreements, additions or supplements) always have priority over these T&Cs.
The business relationship between OLD SNUFFBOX – DIE TABAKDOSE and the customer are subject to the law of the Federal Republic of Germany and excludes the UN Sales Rights. Where the customer is, a corporate entity or merchant for whom the contract is a part of the activity of their commercial trade, is the Court of Jurisdiction Hamburg.
Language of contract is German.
OLD SNUFFBOX – DIE TABAKDOSE offers their customers via the internet site www.old-snuffbox.com the opportunity to order and buy new and/or used tobacco articles (e.g. pipes and accessories, historical tobacco tins) An oral order is not possible. All offers from OLD SNUFFBOX – DIE TABAKDOSE are non-binding. Deviations and technical changes with regard to the illustrations and descriptions are possible.
The contract is only valid after the customer order is accepted by OLD SNUFFBOX – DIE TABAKDOSE (confirmation of acceptance) it is not valid on receipt of the initial confirmation of the order by OLD SNUFFBOX – DIE TABAKDOSE (order confirmation)
Before the customer enters a binding order to the online shop, he has the opportunity of using the mouse and keyboard to correct any entries made. In addition to this all details will be shown in a confirmation window where corrections can again be made using the mouse and keyboard, before entering the order.
A confirmation email will be sent when the order is received and when it is accepted.
The order confirmation sent via email by OLD SNUFFBOX – DIE TABAKDOSE as seller to the customer as buyer will include the written contract and these T&Cs.
The acceptance of the customer order (confirmation of acceptance) follows later as a separate Email.
A sale is made only to customers who have reached the age of 18.
When ordering online via the website www.old-snuffbox.com the prices shown at the time or ordering are valid plus postage and packing.
The following postal charges apply:
– Parcel up to 5Kg
– Germany 6.99 €
– EU Zone 1 17.00 €
– World Zone 2 30.00 €
– World Zone 3 35.00 €
– World Zone 4 40.00 €
– Country Zones DHL Parcel Service
– Zone 1: European Union
– Zone 2: Western Europe
– Zone 3: N. America/ N. Africa/ Near East
– Zone 4: Latin America/Asia/Central and S. Africa/Australia/Oceania
All deliveries by OLD SNUFFBOX – DIE TABAKDOSE are carried out solely against prepayment. Customers will receive an invoice from OLD SNUFFBOX – DIE TABAKDOSE either with the delivered goods or separately as a letter.
Payment is to be made by transfer to the following account:
Bank: Deutsche Bank
Name: Ute Schubert
Account No.: 14 27 434
BLZ: 200 700 24
IBAN: DE 54 200 700 240 142743 400
BIC: DEUT DE DBHAM
4. Delivery and Transfer of Risk
The ordered goods will be delivered to the address given by the customer unless otherwise contractually agreed upon. OLD SNUFFBOX – DIE TABAKDOSE reserves the right to send a partial delivery if this is advantageous for the processing of the order. Any special delivery forms requested by the customer will be charged separately by agreement.
If the customer is a consumer, the risk according to §446 BGB is transferred to the customer at the time of the handover of the goods sold. In all other cases the risk is transferred to the customer according to §447 BGB when the goods are handed over to the forwarding company.
The following delivery times are valid:
– Within 3 working days of the payment being booked to our account the goods will be shipped to the address supplied by the customer.
The delivery of bulky goods can be temporally delayed. If the goods are shown as not being in stock, OLD SNUFFBOX – DIE TABAKDOSE will do everything to deliver as soon as possible. If the agreed delivery time cannot be achieved due to force majeure, labour dispute, unforeseeable circumstances or any other circumstances beyond the control of OLD SNUFFBOX – DIE TABAKDOSE the time allowed will be extended accordingly.
The delivered goods remain the property of OLD SNUFFBOX – DIE TABAKDOSE until all the terms of the contract have been complied with, in the case of the customer being a corporate entity or merchant for whom the contract is a part of the activity of their commercial trade, it shall remain so beyond the current business relationship until payment of all claims to which OLD SNUFFBOX – DIE TABAKDOSE is entitled to in connection with the contract.
The customer shall only be entitled to a right of set-off when the customer is a corporate entity or merchant for whom the contract is a part of the activity of their commercial trade and only if his counter claims are final and conclusive, undisputed and accepted by OLD SNUFFBOX – DIE TABAKDOSE. The customer shall be entitled to exercise a right of retention only to the extent that its counter-claim results from the same contractual relationship. If the customer is a consumer the previous 2 sentences do not apply.
In the event of defects the customer has the statutory warranty period. If the customer is a corporate entity or merchant for whom the contract is a part of the activity of their commercial trade then §§377 ff. HGB also applies.
If the goods are defective and the claim is made in time, OLD SNUFFBOX – DIE TABAKDOSE is entitled to supplementary performance. The statutory provisions apply with respect to warranty.
If the bought goods are used articles, the right of warranty is limited to a period of 1 year. The statutory provisions apply with respect to limitation rulings.
Beyond accepting liability for physical and legal defects, OLD SNUFFBOX – DIE TABAKDOSE has unlimited liability, as long as the damage is intended or due to gross negligence. OLD SNUFFBOX – DIE TABAKDOSE also accepts liability for slightly negligible infringements from basic obligations (obligations that when infringed threaten the purpose of fulfilling the contract) as well as cardinal obligations (obligations the proper fulfillment of which constitutes a condition sine qua non and on the fulfillment of which the customer regularly relies and may rely) however only for foreseeable contract-typical damage. OLD SNUFFBOX – DIE TABAKDOSE does not accept liability for slightly negligible infringements other than those obligations previously mentioned.
The limitations of liability of the preceding paragraph shall not apply to injury to life, body and health and for a defect after taking over a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the product liability law remains unaffected.
Is OLD SNUFFBOX – DIE TABAKDOSE’s liability excluded or limited, this also applies to the personal liability of its employees, representatives or agents.
The customer knows and accepts that personal details needed for processing the order will be stored by OLD SNUFFBOX – DIE TABAKDOSE on data medium. The customer expresses his consent with regard to the collection, processing and use of his personal data. The collection, processing and use of the customers personal data takes place according to the privacy and data protection notice issued by the Federal Data Protection Act (BDGS) and the Telemedia Act (TMG)
The customer has the right at any time to withdraw his agreement for the future use. If this is the case, OLD SNUFFBOX – DIE TABAKDOSE is bound to delete immediately all the customers personal data. During the processing of current orders the deletion will take place as soon as the order process has been completed.
The Right of Return:
You can return the goods received without naming a reason within 14 days. The time period starts on receipt of this written notice (e.g. as letter, fax, email) however not before the product is received by the customer (in the case of recurring deliveries of similar goods, not before the first part delivery is received) and also not before we have fulfilled our obligation to inform the customer according to Article 246 § 2 in connection with § 1 Abs. 1 und 2 EGBGB as well as our obligations according to§ 312g Abs. 1 Satz 1 BGB i.V.m. Artikel 246 § 3 EGBGB. Only by goods which are not suitable for parcel post (e.g. bulky goods) are you allowed to notify us in writing, requesting the goods be taken back. To comply with the notice period all you need to do is return the goods within 14 days. We carry both liability and the cost of the return consignment. The return consignment or notification requesting the goods to be taken back should be sent to:
OLD SNUFFBOX – DIE TABAKDOSE
Owner Ute Schubert
Kirchwerder Hausdeich 60
Consequences of Return:
In the case of returns accepted by us, any additional benefits provided by either party or related profits shall be returned. For a deterioration of the goods and uses ( e.g. benefits of use) that cannot be or partially cannot be or can only in a deteriorated state be handed over, you have to provide compensation. Compensation for the deterioration of the goods and for the use made of them, only has to be paid if the use or deterioration resulted from handling the goods more than would be normally needed to test the function and features of the product. We understand testing the function and features of a product to be that which would normally be carried out in a shop. The obligation to reimburse payment must be carried out within 30 days. The time period starts for you the day you return the goods or send a notification requesting the goods to be taken back, and for us with the receipt of either of the before mentioned.
Dated: November 2014