General terms and conditions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider via the website www.mrsmokecy.com . Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their independent professional or commercial activity.
Conclusion of the contract
(1) The object of the contract is the sale of goods.
Our product presentations on the Internet are not binding and are not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are stored in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time. After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use the PayPal – Express instant payment system by clicking the PayPal Express button integrated in the shop system, you will be redirected to the PayPal log-in page. After successful registration, your address and account details stored with PayPal will be displayed. With the “continue” button you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the option of reviewing all of the information here again, changing it (also using the “back” function of the Internet browser) or canceling the purchase.
By submitting the order using the “order against payment” button, you enter binding offer from us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
Special agreements on offered payment methods
(1) Purchase on account via BillSAFE
When purchasing on account via BillSAFE, we assign our full payment claim against you irrevocably to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. You agree that PayPal (Europe) S.à rl et Cie, SCA, before accepting the assignment, will carry out a credit check using the transmitted data.
We reserve the right to refuse this payment method as a result of the credit check. You will be informed about this before submitting your order.
Upon approval of the purchase on account, PayPal (Europe) S.à rl et Cie, SCA accepts the assignment, so that debt-free payments can only be made to PayPal (Europe) S.à rl et Cie, SCA.
Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(1) We are fully liable for damage resulting from injury to life, limb or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of the guarantee for the quality of the object of purchase, and damage after Product Liability Act and in all other statutory cases.
(2) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and you can regularly rely on their compliance.
(3) Liability for slightly negligent breaches of duty is excluded in the event of violation of insignificant contractual obligations.
(4) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of the art. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
Choice of law, place of performance, place of jurisdiction
(1) The Republic of Cyprus law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The place of fulfillment for all services from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer, but a businessman, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Cyprus or the EU or if your place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
Protection of minors
(1) When selling goods for which this is required by the provisions of the Youth Protection Act, we only enter into contractual relationships with adult customers.
(2) By submitting your order, you confirm that you are at least 18 years old and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons of legal age authorized by you to receive the delivery receive the goods. We instruct the logistics service provider responsible for delivery to only hand over the delivery to persons over the age of 18 and, in case of doubt, to have the identity card of the person receiving the goods presented for age control.
(3) If persons of legal age do not place orders, we hereby cancel the contract as a precaution in accordance with. Section 109 BGB. The minors who are custodians or authorized to represent under incorrect information are liable to us in accordance with the statutory provisions for all damage arising from the orders made under incorrect information.
II. Customer information
1. Identity of the seller
KONIRY TRADING LTD
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction take place in accordance with § 2 of our general terms and conditions (part I.)
3. Contract language, contract text storage
3.1. The contract language is ENGLISH.
3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After the order has been received by us, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the article description and the additional information on our website.
5. Prices and payment modalities
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective item description.
5.4. Unless otherwise specified for the individual payment methods, the payment claims from the contract concluded are due for payment immediately.
5.5. If we do not receive payment within 14 days, your order will be canceled automatically.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective article description.
6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
7. The statutory liability for defects in goods
7.1. The legal regulations apply.
7.2. As a consumer, you are asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.