As of March 10, 2020
scope
(1) The following general terms and conditions apply to all orders placed by a customer via the webshop of Fa Smokin’ Roads.
(2) Orders may only be placed by persons who are legally considered to be fully legally competent. These are typically sane people over the age of 18 as well as all other people who have received the consent of their legal guardian. The purchaser assures that he has the legal capacity required for the purchase. The seller reserves the right to indemnify and hold harmless from the purchaser, should a reversal of the purchase become necessary due to his lack of legal capacity.
Conclusion of contract
(1) The contract for the webshop runs over several steps, whereby at the end of the ordering process you will see a list of the ordered goods and the total price (including all additional costs). Until then, you also have the option of changing your order and correcting input errors. You only place a legally binding order by clicking the “Buy now” button.
(2) It is stated that the order just mentioned represents an offer on the part of the customer, whereas the promotion of the goods on our homepage does not yet constitute a binding offer.
(3) As soon as an order is received from the customer, its receipt is confirmed by an automated email. This does not yet constitute acceptance of the customer’s offer.
(4) The contract is accepted by an express declaration of acceptance or by sending the goods. This in each case within a reasonable period not exceeding seven days. If there is no acceptance, it can be assumed that the seller rejects the offer.
(5) Should we not comply with a customer’s offer, we will endeavor to inform the customer of this as soon as possible. In particular, it can happen that the ordered goods are temporarily out of stock or are not available for other reasons.
Loyalty of the customer to his offer
The customer is bound to his order for 2 days from receipt of this order. The statutory right of withdrawal (right of withdrawal) remains unaffected.
Contract storage
The contract is electronically saved by the seller. At the latest when the goods ordered are delivered, the customer will receive a confirmation of the contract on a permanent data carrier (e-mail, paper). In addition, customers can track their orders via their user account in the web shop under the following link:
Prices, payment & late payment
(1) In case of doubt, prices quoted in the webshop include all taxes including sales tax. Shipping costs and other fees to be paid by the seller may be added to the prices quoted. In any case, the customer will be informed of the total price and its composition immediately before completing the order process.
(2) In the case of a delivery to a non-EEA country, the consumer has to bear all import and export expenses as well as all customs duties, fees and charges associated with the delivery.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
(4) If the customer is in default with a payment, we are entitled to charge default interest of 5% for the period of default.
(5) In addition, in the event of default, we will invoice the customer for those costs that were necessary on our part for appropriate legal prosecution (in particular collection and legal fees). In any case, we charge at least a flat processing fee of EUR 40 per case of default.
Terms of delivery & deadlines, retention of title
(1) The shipping costs are to be borne by the customer, the amount being determined by the actual costs of the seller. The amount of the shipping costs is broken down during the ordering process. It can also be read under the following link:
(2) The delivery of the goods takes place only after full receipt of payment. Depending on the type of transfer, bank transactions can take several days.
(3) Delivery is made to the delivery address specified by the customer.
(4) After receipt of payment, the seller must deliver the goods to the consumer within 30 days.
(5) If goods have been delivered without prior full payment, they are subject to retention of title until the purchase price has been paid in full. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, as long as the seller does not expressly declare such a withdrawal.
delay of acceptance
If the consumer is in default of acceptance, we are entitled to store the goods with us, for which we charge a storage fee of EUR 1.90 per calendar day commenced. Additional costs for renewed delivery are borne by the customer.
Guarantee
(1) It is reminded that legal warranty claims may exist for the purchase of goods, the scope of which results from the law and is not restricted by these terms and conditions (cf. in particular Sections 922 ff. ABGB in conjunction with Section 9 (1) KSchG) .
(2) Complaints based on statutory warranty claims or other complaints can be made using the contact details given in the imprint or following these terms and conditions. The seller will examine complaints immediately, whereby the customer is obliged to send the allegedly defective goods to the seller upon request. The associated costs are borne by the seller if the customer’s complaint was justified.
guarantee
We do not provide any guarantees beyond the statutory warranty. The more detailed conditions of any manufacturer guarantees can be found with the respective goods.
liability
The seller’s liability for damages caused by slight negligence is excluded.
Right of withdrawal / right of withdrawal
You can obtain more detailed information on the right of withdrawal or withdrawal as well as a form to exercise any right of withdrawal by clicking on the following link:
data protection
(1) We would like to point out that the following user data is stored by the web shop operator for the purpose of simplifying the shopping process and for later contract processing: name, date of birth, address, email address, telephone number, delivery and billing address, if available User account password
(2) The storage takes place exclusively for the processing of specific order processes (including processing of payment and delivery) as well as to facilitate future order processes for the customer by means of a personalized user account.
(3) The data will only be transmitted to third parties if this is necessary to process the order process (e.g. payment data to credit institutes, address data to suppliers).
(4) Use of cookies: In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on our website. These are small text files that are stored on your device that save certain settings and data for exchange with our system via your browser. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser the next time you visit (persistent cookies). Cookies do not contain any personal data and can therefore not be assigned to any user. Based on cookie technology, we only receive anonymized information, for example about which websites you visited our website from, which pages were viewed on our website, etc. Please note that certain cookies are already set as soon as you enter our website . You can set your browser so that you are informed about the setting of cookies and individually decide whether to accept them or to exclude the acceptance of cookies for certain cases or in general (detailed information on the setting options of your browser can be found below). If you do not accept cookies, however, the functionality of our website may be restricted.
(5) Your user account will be checked for inactivity at regular intervals. If you do not have access to your account for a longer period of time, we will delete your account and the data you have saved or only keep them to the extent that we are legally obliged to do so (in particular cash receipts).
(6) The data processing takes place in consideration of the relevant legal provisions, in particular § 96 TKG and § 8 DSG.
(7) We use the data you provide to fulfill and process your order.
In order to fulfill the contract, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods ordered. Depending on which payment service provider you select in the ordering process, we will pass on the payment data collected for this purpose to the credit institute commissioned with the payment and, if applicable, to the payment service provider commissioned by us, or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves if you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. The data protection declaration of the respective payment service provider applies in this respect.
(8) Use of Google Analytics: This website uses Google (Universal) Analytics, a web analysis service from Google Inc. (www.google.de). Google (Universal) Analytics uses methods that enable your use of the website to be analyzed, such as so-called “cookies”, text files that are stored on your computer. The information generated about your use of this website is usually transferred to a Google server in the USA and stored there. By activating the IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
You can capture the information generated by the cookie and your use of the website
related data (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout? hl = de
(9) Use of Facebook social plugins: Our website uses so-called social plugins (“plugins”) from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook “) is operated. The plugins are marked with a Facebook logo or the addition “Facebook social plug-in” or “Facebook social plugin”. You can find an overview of the Facebook plugins and their appearance here: https://developers.facebook.com/docs/plugins
When you call up a page on our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there.
If you are logged in to Facebook, Facebook can immediately assign your visit to our website to your Facebook profile. If you interact with the plugins, for example press the “Like” button or leave a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and shown to your Facebook friends.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your related rights and setting options to protect your privacy can be found in Facebook’s data protection information: http://www.facebook.com/policy.php
If you do not want Facebook to assign the data collected via our website directly to your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the loading of the Facebook plugins with add-ons for your browser, e.g. with the “Facebook Blocker” (http://webgraph.com/resources/facebookblocker/).
(10) Use of AddThis plugins (eg “Share” button): Our website uses so-called social plugins (“plugins”) from the AddThis bookmarking service, which is operated by AddThis LLC, Inc. 8000 Westpark Drive, Suite 625, McLean, VA 2210, USA (“AddThis”). The plugins are usually marked with an AddThis logo, for example in the form of a white plus sign on an orange background. You can find an overview of the AddThis plugins and their appearance here: https://www.addthis.com/get/sharing
When you call up a page on our website that contains such a plugin, your browser establishes a direct connection to the AddThis servers. AddThis transmits the content of the plug-in directly to your browser and integrates it into the page. Through the integration, AddThis receives the information that your browser has accessed the corresponding page of our website and saves a cookie on your device to identify your browser. This information (including your IP address) is transmitted directly from your browser to an AddThis server in the USA and stored there. AddThis uses the data to create anonymized user profiles, which serve as the basis for a personalized and interest-based advertising approach to visitors to websites with AddThis plugins.
The purpose and scope of the data collection and the further processing and use of the data by AddThis can be found in the AddThis data protection information: http://www.addthis.com/privacy/privacy-policy
If you would like to object to the data collection by AddThis for the future, you can set a so-called opt-out cookie, which you can download from the following link: http://www.addthis.com/privacy/opt-out
You can also completely prevent the AddThis plugins from loading with add-ons for your browser, e.g. B. with the script blocker “NoScript” (http://noscript.net/).
You can obtain more detailed information on the right of withdrawal or withdrawal as well as a form to exercise any right of withdrawal by clicking on the following link:
Email advertising
(1) If we receive your e-mail address in connection with the sale of a product or service and you have not objected, we reserve the right to regularly send you offers for similar products, such as the already purchased from our range to be sent by e-mail. You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided in the advertising e-mail without incurring any costs for you.
Newsletter
(1) If you register for our newsletter, we will use the data required for this or separately provided by you in order to regularly send you our e-mail newsletter in accordance with your consent. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message with the provided contact form or using an option provided for this in the customer account settings.
Applicable law / place of jurisdiction
(1) Spain law applies to all contracts and agreements between the seller and the customer, but this to the exclusion of the UN sales law. The opposite applies if mandatory consumer protection regulations provide for this.
(2) With regard to the place of jurisdiction, the competent court at the seller’s registered office is agreed as locally competent. The opposite applies in turn if mandatory consumer protection regulations provide for this.
Severability clause, written form
Should individual provisions of these terms and conditions be or become ineffective, the validity of the remaining provisions remains unaffected. Instead of the ineffective provision, the legally permissible provision that most closely reflects the purpose of the ineffective provision shall apply. The opposite applies to consumers, provided that mandatory statutory provisions oppose such a validity-preserving reduction.
