Terms of Service

Table of contents

Scope
Conclusion of the contract
Right of withdrawal
Prices and payment conditions
Delivery and delivery conditions
Retention of title
Limitation of liability
Liability for defects (warranty)
Redemption of coupons
Applicable law
Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions of Contract (hereinafter "GTC") of the website operator "Brandspace 101 LTD Alexandrou Papadiamanti 1, Block A, Office 3, 6035, Larnaka, Cyprus" (hereinafter "Seller") apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller.With regard to the terms and conditions of the goods presented in the Seller's online shop, the inclusion of the Customer's own terms and conditions shall be objected to, unless otherwise agreed.

1.2 A consumer in these General Conditions is a natural person who enters into a legal transaction for purposes which cannot be regarded as being principally within his commercial or self-employed professional activity. For the purposes of these general conditions, a trader is a natural or legal person or a company having legal personality who, when entering into legal transactions, is pursuing his commercial or independent professional activity.

2) Conclusion of the contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller, but are intended to make a binding offer to the customer.

2.2 The customer may submit an offer using the online order form integrated in the seller's online shop. After placing the selected products in the virtual shopping cart and completing the online ordering process, the customer submits a legally binding contract offer for the products in the shopping cart by clicking on the finalize button of the ordering process. The customer can also make an offer to the seller by phone or email.

2.3 The seller may accept the customer's offer within ten days,

by sending the customer a delivery confirmation in text form (fax or e-mail), in which case receipt of the delivery confirmation from the customer is decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing the order.

2.4 If you choose the payment method "PayPal Express", the payment will be processed in accordance with the terms and conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or, if the Customer does not have a PayPal account, the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/ privacywax-full. If the customer chooses PayPal Express as a payment method as part of the online ordering process, they will also submit a payment order to PayPal by clicking on the finalise order button. In this case, the seller will indicate his acceptance of the customer's offer when the customer starts the payment process by clicking on the button to finalise the order process.

2.5 When an offer is submitted via the Seller's online order form, the Seller will save the contract text and send it to the Customer in text format (e.g. by email, fax or letter) after the order has been submitted with these General Terms and Conditions. In addition, the contract text will be archived on the seller's website and the customer will have access to it free of charge through his password-protected customer account by providing the necessary login details, provided that the customer has created a customer account on the seller's online shop before sending the order.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means to better identify input errors may be a browser magnification function that enlarges the screen display. As part of the electronic ordering process, the customer can correct their input using standard keyboard and mouse functions until they click the finalise button in the ordering process.

2.7 Only German is available for the conclusion of the contract.

2.8 Orders are usually processed and contacted via e-mail and automatic order processing. The Customer must ensure that the e-mail address he has provided for the processing of the order is correct so that e-mails sent by the Seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties authorised by the seller to process the order can be delivered.

2.9 When ordering tobacco products, the customer confirms at the time of placing the order that he/she has reached the minimum legal age and undertakes to ensure that either he/she or an authorised adult is allowed to receive the goods.

3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal under Section 13 of the German Civil Code (BGB).

3.2 Products with a 30-day money-back guarantee can be returned without reason within 30 days of purchase. The right of withdrawal remains unaffected.

You have the right to cancel this contract within 30 days without giving any reason. The cancellation period is 30 days from completion of the order. You must return the goods to us immediately and in any event no later than 14 days from the date on which you notify us of your cancellation of this contract. The deadline will be observed if you send the goods before the expiry of the fourteen-day period.

3.3 For details of the right of withdrawal, please refer to the seller's cancellation conditions.

3.5 If the cancellation is explained too late and the return arrives late at the return warehouse, the return may be destroyed free of charge or sent back to the customer for a delivery charge of €19.90.

3.6 We are not responsible for any delivery costs incurred in registering the return, but the customer must pay them. All products are delivered to the customer free of charge and therefore we cannot refund any additional return costs.

3.7 The customer has the option to cancel or amend their order within 24 hours of the order being placed. Once 24 hours have elapsed, the statutory right of cancellation applies in accordance with §13 BGB and our cancellation policy.

3.8 Goods which the customer has notified us of being cancelled must be returned to us complete and in mint condition. You must pay the loss in value of the goods if this loss in value is due to handling other than that which is necessary to establish the nature, characteristics and function of the goods. Used or damaged goods will not be returned.

3.9 The cancellation and warranty service does not apply to goods caused by misuse of the goods or wear and tear caused by use. These are not covered by our right of withdrawal or warranty service and cannot be complained about by the customer as such.

4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are all-inclusive prices. The customer is responsible for any additional costs. Any additional delivery and shipping costs will be indicated separately in the description of each product.

4.2 In individual cases, additional delivery costs may arise for which the seller is not responsible and which must be paid by the customer. These include, for example, charges for transferring money via credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may arise from the transfer of money even if the delivery is not made to a country outside the European Union but the customer makes a payment from a country outside the European Union.

4.3 Payment options will be communicated to the customer in the seller's online shop.

4.4 It is your responsibility to read the full product catalogue before purchasing the product. By confirming your purchase, you agree to pay all applicable fees, taxes, delivery charges and any other amounts related to your purchase. You further agree that you are responsible for sales tax, VAT and customs duties, as applicable. You agree that you will act as the importer of the products purchased, as applicable, and hereby authorise us to appoint a carrier to act as your direct representative and pay sales tax, VAT and customs duties on your behalf. Please note that sales tax, VAT, customs duties and similar charges levied at the time of purchase are estimates and may vary according to applicable law. If additional amounts are charged, you are responsible for them. We will not be liable if customs clearance of the product is delayed or refused due to your failure to pay the amounts due. If the purchase is made under a delivery contract, the risk of loss and title to the Product passes to you when the Product is delivered to the carrier.

4.5 If payment on account has been agreed by bank transfer, payment is due immediately upon conclusion of the contract, unless the parties have agreed a later due date.

4.6 When paying by a payment method provided by PayPal, the payment will be processed in accordance with the terms and conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), the PayPal Terms and Conditions of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or, if the Customer does not have a PayPal account, the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/ privacywax-full.

5) Delivery and delivery terms
5.1 Unless otherwise agreed, the Goods will be delivered to the delivery address indicated by the Customer. The delivery address indicated by the seller when processing the order shall be decisive for the processing of the transaction. If the delivery address provided turns out to be incorrect and the shipment cannot be delivered as a result, the service will still be deemed to have been performed and the customer will be liable for the failed delivery of €19.90.

5.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the failed delivery. This does not apply if the customer is not responsible for the circumstances that made delivery impossible or if he is temporarily unable to receive the service offered. If the goods are returned, the customer undertakes to pay the transport and delivery costs of €19.90.

5.3 For logistical reasons, it is not possible to collect the goods yourself.

5.4 Delivery time can be found in our delivery information. Delivery times are estimated and may vary due to external factors (interest rate pandemic). In most cases, the order will reach the customer after 5-10 working days. In certain cases, the delivery time may take up to 45 days. Our international partners ship all orders directly to the customer. Customers must pay any applicable customs duties.

5.5 We are not responsible for any shipping costs incurred in connection with the registration of a return, these must be paid by the customer. All products are delivered to the customer free of charge and therefore we cannot pay the return delivery charges.

5.6 If delivery to the customer is not possible, the goods will be held in our warehouse for 3 days and can be delivered to the customer free of charge. If we do not receive a reply confirming the address despite the request, the customer will have to pay the resulting storage and delivery costs of €19.90.

5.7 Delivery to Germany is free of charge. Delivery to other countries may be subject to delivery charges. These will be displayed to the customer during the ordering process. When placing an order, the customer accepts the delivery charges.

6) Retention of title
If the seller makes advance payments, he retains ownership of the goods delivered until the purchase price has been paid in full.

7) Limitation of liability
The seller's liability for all operational activities is limited to EUR 1000.

8) Liability for defects (guarantee)
8.1 If the purchased product is defective, the statutory liability for defects applies.

8.2 Notwithstanding this, the limitation period for a claim for defects in used goods is one year from the date of delivery of the goods to the customer. However, the reduction of the limitation period to one year shall not apply.

for goods which have been used in the building in accordance with their normal use and which caused its defects,
also for claims by the customer for damages and reimbursement of expenses
in the event of fraudulent concealment of the defect by the seller.
8.3 The customer is requested to complain about delivered goods with obvious transport defects and to inform the seller. Failure to do so will have no effect on the customer's legal or contractual claims for defects.

8.4 Defects in the goods caused by misuse, wear and tear due to use are not our responsibility as defects and the customer cannot claim them as defects.

9) Redemption of the discount code
9.1 Discount codes issued by the seller free of charge as part of offers with a specified period of validity d, which the customer cannot buy, can only be redeemed in the seller's online store and only within the specified period.

9.2 Discount codes can only be redeemed by consumers.

9.3 Individual products may be excluded from the discount if the content of the discount code imposes a corresponding restriction.

9.4 Discount codes can only be redeemed before the order process is completed. Subsequent billing is not possible.

9.5 Only one discount code can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the discount code. The Seller will not credit the remaining balance.

9.7 If the value of the discount code is not sufficient to cover the order, you may choose one of the other payment methods offered by the seller to pay the difference.

9.8 The balance of the discount code will not be paid in cash or with interest.

9.9 The discount code will not be refunded if the customer returns all or part of the goods paid for with the discount code within the scope of their statutory right of withdrawal.

9.10 The discount code is for the exclusive use of the person named therein. The transfer of the discount code to third parties is excluded. The Seller has the right, but not the obligation, to verify the essential eligibility of the holder of the discount code in question.

10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties, with the exception of the law governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer is domiciled.

11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court dispute resolution for online purchase or service contracts involving the consumer.

11.2 The Seller is neither obliged nor willing to participate in the dispute resolution procedure before the Consumer Arbitration Board.