General Terms and Conditions with Customer Information

Table of contents

1. Area of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Code of Conduct
13. Alternative Dispute Resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Oswald GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail or online contact form.

2.3 The Seller may accept the Customer's offer within five days,

• By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by 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 requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If the customer chooses a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to 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 pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.

 2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

 2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 commissioned by the seller to process the order can be delivered.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 commissioned by the seller to process the order can be delivered.

2.9 In the case of an order for alcoholic beverages, the customer confirms that he/she has reached the legally required minimum age by submitting the order. The Seller shall use an age verification system to ensure that the customer has reached the legally required minimum age. The goods will therefore only be handed over if the customer's age has been successfully checked and authenticated beforehand.

 2.10 In the case of an order for tobacco products, the customer confirms that he/she has reached the legally required minimum age by submitting the order. The seller ensures that the customer has reached the legally required minimum age by using an age verification system. The goods will therefore only be handed over if the customer's age has been successfully checked and authenticated beforehand.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

 4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

 4.3 The payment option(s) will be communicated to the customer in the Seller's online shop.

 4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.

 4.6 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms and conditions of Klarna can be found in the Seller's payment information, which can be viewed at the following Internet address:

5) Delivery and shipping conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the Seller's revocation instructions shall apply to the return costs.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

 5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

 - by e-mail

5.7 For deliveries to Switzerland and non-European countries, the German VAT of 19% is not included in the price. Costs (national taxes/duties) may be incurred on import, please enquire at your national customs office.

5.8 Tobacco products, vaporizers, e-cigarettes, liquids, nicotine gels and similar products may only be shipped or delivered within the EU and to Switzerland.

5.9 The export of Cuban products to the USA is prohibited.

6) Retention of title

If the seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:

7.2 If the customer is acting as an entrepreneur,

7.3 The above-mentioned limitations of liability and shortening of time periods do not apply to

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claim that may exist shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

9) Redemption of gift vouchers

9.1 Gift vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase additional Gift Vouchers.

 9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a Gift Voucher will not be paid out in cash or earn interest.

9.8 The Gift Voucher is intended for use only by the person named on it. The Gift Voucher may not be transferred to any third party. The Seller is entitled, but not obliged, to verify the material eligibility of the respective Gift Voucher Holder.

10) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11) Place of jurisdiction

If the customer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.

12) Code of conduct

- The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

13) Alternative dispute resolution

13.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.