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Terms and Conditions and Customer Information.
last update: 05.05.2018.
I. PROVISIONAL PROVISIONS, INFORMATION
§ 1 Basic provisions §
1.1 By placing the order, the user has read the terms and conditions and accepted the terms contained therein. Inclusion of any terms you have used. The following terms and conditions apply to all contracts you make with us as a provider. International ITC Tobacco GmbH via: Website www.itc-tobacco.de close.
1.2 Consumers in the sense of regulations is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership that enters into a legal transaction
§ 2 Conclusion of contract §
2.1 The customer must first register on the internet site itc-tobacco.de. For successful registration, he must make the information specified there, especially with regard to the name and the e-mail address. After registration has been completed, the customer receives the access data from the provider by e-mail. Sodenn the customer can register on the aforementioned website of the provider and immediately receives access to his shopping cart. He can now fill this with the offered products. At this point, the customer can determine the order quantities as well as choose the shipping method. In the second step, the customer must specify his billing and delivery address. In the last step, the customer must check and confirm the order. Only through this step does the customer submit his application. Contractual terms noted and accepted and thereby in its application.
§ 3 Right of Retention, Retention of Title §
3.1 You can only exercise a right of retention if it concerns claims from the same contractual relationship.
3.2 The goods remain our property until full payment of the purchase price.
§ 4 Warranty §
4.1 There are statutory warranty rights.
4.2 As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
4. 3 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects
4.4 Insofar as you are an entrepreneur, contrary to the above warranty regulations:
In case of defects, we provide warranty at our discretion by repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
5.1 When selling goods that fall under the provisions of the Youth Protection Act, we only enter into contractual relationships with customers. Who have reached the statutory minimum age.
Existing age restrictions are indicated in the respective article description
5.2 By submitting your order, you assure that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are required to ensure that only you or any person authorized by you to receive the delivery and who has reached the legal minimum age, will receive the goods.
5.3 Insofar as we are obliged by statutory provisions to carry out an age check, we instruct the logistics service provider commissioned with the delivery to deliver the goods only to persons who have reached the statutory minimum age, and in case of doubt the identity card of the goods in Receiving person to be presented for age control.
5.4 Insofar as we indicate beyond the statutory minimum age in the respective item description that you must have reached the age of 18 for the purchase of the goods, the above paragraphs 1-3 shall apply, provided that the legal age of consent must be at least one.
II. Customer information
1. Identity of the seller
International ITC Tobacco GmbH
Am Bahnhof Weinhubel02826, Gorlitz
Telefon:+49 171 1860661
2. Conclusion of a contract, storage of the contract text
2.1 The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations “Conclusion of the contract”.
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved via the browser’s print function. After the order has been received by us, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you by e-mail.
4. Delivery and shipping conditions
4.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
4.2 Sends the carrier the returned goods to the seller. Since a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him had announced the performance a reasonable time previously.
4.3 Pickup is not possible for logistical reasons.
4.4 If you are an entrepreneur, delivery and dispatch are at your own risk.
5. Legal right of defect
The liability for defects is governed by the “Warranty” regulation in our General Terms and Conditions.
These terms and customer information have been changed to IT law. Specialized lawyers of the dealer federation created and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
You have the right to withdraw from this contract within one month without giving a reason.
The withdrawal period is one month from the day
– where you or a third party named by you, other than the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods under a single order and these are or will be delivered in a uniform manner;
– on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods in a single order and these are delivered separately;
– where you or a third party named by you, other than the carrier, has or has taken possession of the last partial consignment or piece, provided that you have ordered a product that is delivered in multiple consignments or pieces;
To exercise your right of withdrawal, you must contact us:
ITC International Tobacco GmbH
At the station Weinhübel 8,
mobile: +49 17 11 86 06 61,
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You are responsible for the direct costs of returning goods that can be shipped as well as the direct costs of returning the goods that are not ready for parcel shipment
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Exclusion or extinction reasons
The right of withdrawal does not exist with contracts:
– for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
– for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of revocation expires early in contracts
– for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery;
– for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
– for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.