Terms of service
Allgemeine Geschäftsbedingungen
- begründet ein unwesentlicher Mangel grundsätzlich keine Mängelansprüche;
- hat der Anbieter die Wahl der Art der Nacherfüllung;
- beträgt bei neuen Waren die Verjährungsfrist für Mängel ein Jahr ab Gefahrübergang;
- sind bei gebrauchten Waren die Rechte und Ansprüche wegen Mängeln grundsätzlich ausgeschlossen;
- beginnt die Verjährung nicht erneut, wenn im Rahmen der Mängelhaftung eine Ersatzlieferung erfolgt.
- für Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit, die auf einer vorsätzlichen oder fahrlässigen Pflichtverletzung des Anbieters oder einer vorsätzlichen oder fahrlässigen Pflichtverletzung eines gesetzlichen Vertreters oder Erfüllungsgehilfen des Anbieters beruhen,
- für sonstige Schäden, die auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung des Anbieters oder auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung eines gesetzlichen Vertreters oder Erfüllungsgehilfen des Verwenders beruhen, sowie
- für den Fall, dass der Anbieter den Mangel arglistig verschwiegen hat.
General Terms and Conditions
PURESMOKE Filters – a product brand of
ETJ-Produkthandel UG (haftungsbeschränkt)
Orsbeckstr. 14, 53489 Sinzig, Germany
Tel.: +49 157 53732606
E-mail: support@puresmoke-filters.com
https://www.puresmoke-filters.com
(hereinafter referred to as the "Provider")
1. Scope
1.1 The services of the Provider for the online shop under the above-mentioned URL are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
1.2 Unless otherwise stated, only natural persons of legal age with full legal capacity or legal entities are entitled to place orders in the online shop.
1.3 These General Terms and Conditions apply exclusively. Any terms and conditions of the customer that deviate from these shall not be valid, unless the Provider expressly agrees to them.
2. Conclusion of Contract
2.1 Our online offers are non-binding invitations to customers to order goods. By submitting an order (clicking the “Buy Now” button) on our website, the customer makes a binding offer to enter into a purchase contract.
2.2 Confirmation of receipt of the order follows immediately after the order is submitted but does not yet constitute acceptance. Acceptance can be declared within five days by:
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sending a written order confirmation or confirmation in text form (fax or e-mail), where receipt of such confirmation by the customer is decisive; or
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delivering the ordered goods, where receipt of the goods by the customer is decisive; or
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requesting payment from the customer (e.g. for PayPal payments).
If multiple of the above alternatives apply, the contract is concluded at the time the first of these alternatives occurs. If acceptance is not declared within the above period, the order is considered rejected.
2.3 When placing an order via the Provider’s online order form, the contract text is stored by the Provider and sent to the customer along with these GTC in text form (e.g. by e-mail, fax, or letter) after submission of the order. No further access to the contract text is provided by the Provider. If the customer has created a user account in the online shop, the order data can be accessed there.
2.4 Before placing a binding order via the Provider’s online order form, the customer may continuously correct inputs using standard keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before final submission and can still be corrected there.
2.5 The contract language available is exclusively German.
3. Special Provisions for Paid Vouchers (Gift Vouchers)
3.1 Vouchers can be purchased for a fee via the Provider’s website and other distribution channels. Orders follow the process described under “Conclusion of Contract.”
3.2 Vouchers purchased for postal delivery are sent within 7 business days to the address provided by the customer. Vouchers purchased for e-mail delivery are sent immediately after contract conclusion by e-mail.
3.3 Vouchers can be redeemed when purchasing goods or services from the Provider. They must be applied as a payment method before the order is completed; retroactive redemption is not possible. The Provider may exclude individual products from voucher redemption; such restrictions are communicated before purchase and indicated on the voucher.
3.4 Only one voucher can be redeemed per order. Any unused balance remains available for future purchases.
3.5 Unless otherwise indicated, vouchers are transferable. Redemption with third-party providers is excluded. Cash payout or interest on voucher balances is excluded. Statutory consumer rights remain unaffected.
3.6 The voucher amount is credited against the total price of the purchased product(s), including VAT and any shipping costs. If the total price exceeds the voucher balance, the difference must be paid using another accepted payment method.
3.7 If a product originally purchased with a voucher is returned, the refund is issued by way of a new voucher, sent electronically to the customer’s e-mail address. For purchases made with multiple payment methods, refunds are proportionally allocated between the original payment methods and a new voucher.
3.8 Unless otherwise stated, vouchers can be redeemed until the end of the third year after the year of purchase. Thereafter, they expire.
3.9 In case of conflicting terms specified at the time of voucher purchase, those terms take precedence.
4. Protection of Minors
4.1 If you order goods subject to age restrictions, we will verify—using a reliable identity and age verification process—that you meet the required minimum age. Delivery of such goods will be made only personally to the buyer after an age check.
4.2 If we cannot verify that you are of legal age, we will refuse to conclude the contract or withdraw from an already concluded contract.
5. Right of Withdrawal
Consumers generally have a right of withdrawal. Further details can be found in our [Withdrawal Policy].
6. Payment and Default
6.1 Prices listed on our website at the time of order apply. All prices include statutory VAT plus applicable shipping costs.
6.2 Available payment methods are listed in the Provider’s online shop.
6.3 If prepayment has been agreed, payment is due immediately upon contract conclusion.
6.4 If the customer is in default of payment, we are entitled to demand default interest of five percentage points above the base rate of the European Central Bank. The customer may demonstrate that no or lower damages have occurred.
7. Retention of Title
7.1 For consumers: ownership of the delivered goods remains with the Provider until full payment of the purchase price.
7.2 For businesses: ownership remains with the Provider until all claims from an ongoing business relationship have been settled.
7.3 If the customer is a business, resale of goods under retention of title in the ordinary course of business is permitted. Claims arising from such resale are assigned in advance to the Provider.
8. Delivery
8.1 Delivery times are indicated on our website. Fulfillment requires the customer’s timely and accurate provision of delivery details.
8.2 If the Provider cannot deliver due to a supplier’s failure, the customer will be informed immediately. Both parties may then withdraw from the contract. Payments already made will be refunded without delay.
8.3 For businesses, the risk of accidental loss or deterioration passes to the customer upon delivery to the carrier.
8.4 Self-collection is excluded.
8.5 For freight forwarding, delivery is “curbside,” i.e., to the nearest public curbside to the delivery address, unless otherwise stated.
9. Default of Acceptance
9.1 If the customer is in default of acceptance or culpably breaches duties to cooperate, we may claim compensation for damages and additional expenses.
9.2 The purchase price is subject to default interest at five percentage points above the base rate (nine points for business transactions).
9.3 Risk of accidental loss or deterioration passes to the customer once in default of acceptance.
10. Warranty
Statutory warranty rights apply, with the following deviations:
10.1 For businesses:
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Insignificant defects do not justify warranty claims.
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The Provider has the right to choose the type of remedy.
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Limitation period: one year for new goods; excluded for used goods.
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Replacement delivery does not restart limitation periods.
10.2 For consumers:
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For used goods: claims for defects are excluded if they arise after one year from delivery.
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Defects occurring within one year can be claimed within the statutory period.
Exclusions to limitations:
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damages to life, health, or body due to negligence or intent,
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damages due to gross negligence or intent,
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concealed defects.
10.3 For businesses, statutory limitation periods under § 445b BGB remain unaffected.
10.4 Merchants must comply with duties under § 377 HGB. Failure to do so results in acceptance of goods.
10.5 Consumers are requested to report transport damages to the carrier and inform the Provider. This does not affect warranty rights.
11. Liability
11.1 The Provider is liable without limitation in cases of intent, gross negligence, damages to life, body, or health, explicit guarantees, or mandatory statutory liability (e.g. product liability law).
11.2 In cases of negligent breach of essential contractual duties, liability is limited to foreseeable damages typical of the contract.
11.3 Otherwise, liability is excluded.
11.4 These liability rules apply also to agents and legal representatives.
11.5 The customer indemnifies the Provider against third-party claims resulting from unlawful or contract-violating conduct by the customer.
12. Data Protection
We treat your personal data confidentially in accordance with statutory data protection laws. Details can be found in our [Privacy Policy].
13. Final Provisions
13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 For businesses, legal entities under public law, or public-law special funds, the place of jurisdiction is the Provider’s registered office.
13.3 If any provision is or becomes invalid, the remainder of the contract remains unaffected.
14. Online Dispute Resolution / Consumer Mediation
The European Commission provides an online dispute resolution (ODR) platform at:
https://ec.europa.eu/consumers/odr
This platform is available for extrajudicial dispute resolution in contracts between consumers and businesses.
The Provider is neither willing nor obliged to participate in consumer dispute resolution procedures before a consumer arbitration board under the VSBG.
Our e-mail address can be found at the top of these GTC.
If you have any questions, please do not hesitate to contact us.