Shopvapor's General Terms and Conditions
Status: July 2025
table of contents
- scope
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and Shipping Conditions
- retention of title
- Liability for defects (warranty)
- adhesion
- Protection of minors and health instructions
- Redemption of vouchers
- Applicable law and jurisdiction
- Alternative dispute resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of the Shopvapor (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller with regard to the goods presented by the seller in his online shop. This is in the absence of the customer's own terms and conditions unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless something different is regulated in this respect.
1.3 Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can be attributed predominantly to neither commercial nor self-employed professional activity (§ 13 BGB).
1.4 Entrepreneurs within the meaning of these GTC are a natural or legal person or a legally competent partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction (§ 14 BGB).
1.5 The sale of disposable e-cigarettes and related products is subject to the provisions of the Youth Protection Act (JuSchG) and the Tobacco Products Directive (TPD). The sale is made exclusively to persons over the age of 18. The seller reserves the right to demand proof of age.
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 to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, post or via online contact form.
2.3 The seller can accept the customer's offer within five days,
- by sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, whereby the receipt of the order confirmation at the customer's order is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer to run and ends on the end of the fifth day, which follows the dispatch 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 result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract after the conclusion of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent to the customer. The seller does not make any further access to the text of the contract.
2.5 Before placing the order in a binding order, the customer can use the online order form of the seller to identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the final button.
2.6 The German language is only available for the conclusion of the contract.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order processing is correct, so that the 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 the seller or third parties commissioned to process the order can be delivered.
3. Right of withdrawal
3.1 Consumers are generally entitled to withdraw from the contract.
3.2 More information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
3.4 For hygienic products such as disposable e-cigarettes that are delivered sealed, the right of withdrawal expires if the seal has been removed after delivery.
4. Prices and Terms of Payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs incurred will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and that are to be borne by the customer. These include, for example, costs for the transfer of money by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred with respect to money transmission 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 advance payment is agreed by bank transfer, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 When paying by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. ET CIE, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “Paypal”), under the terms of 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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5. Delivery and Shipping Conditions
5.1 If the seller offers the goods to be shipped, the delivery shall be made within the delivery area indicated by the seller to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply with regard to the costs for the sending if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the seller's cancellation policy applies if the customer effectively exercises his right of withdrawal.
5.3 The seller reserves the right to refuse delivery if the customer cannot prove the required minimum age of 18 years.
5.4 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes to the shipment or to the transport person when it is handed over to the customer, in the event of collection, with the handover of the goods to the customer.
6. Retention of Title
If the seller makes advance payment, he reserves the right to own the delivered goods until the purchase price owed in full has been paid in full.
7. Liability for defects (warranty)
Unless otherwise stated in the following regulations, the provisions of the statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer is an entrepreneur,
- the seller has to choose the type of goods;
- no new production takes place;
- the limitation period for defects in new goods is one year from the transfer of risk;
- the rights and claims due to defects in used goods are excluded;
- the statute of limitations does not begin again if a replacement delivery takes place within the scope of the liability for defects.
7.2 The limitations of liability and shortening of the deadline regulated above do not apply
- for claims for damages and expenses of the customer,
- In the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and caused defectiveness,
- for any existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.
7.3 In addition, entrepreneurs shall not affect the statutory limitation periods for the right of recourse.
7.4 If the customer merchant i.S.d. § 1 HGB, he is subject to the commercial examination and notice of notification of obligations in accordance with § 377 HGB. If the customer fails to do the notification obligations regulated there, the goods are considered approved.
7.5 If the customer is a consumer, he is asked to complain to the deliverer with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8. Liability
The seller is liable to the customer from all contractual, contractual and legal, also tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without any restrictions for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates a significant contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless fully liable under the paragraph above. Essential contractual obligations are obligations that the contract imposes on the seller according to its contents to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
8.3 Otherwise, liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.
9. Protection of minors and health instructions
9.1 Disposable e-cigarettes and nicotine-containing products are sold exclusively to persons of adulthood (from 18 years of age). The customer is obliged to prove his age when ordering, if necessary.
9.2 Disposable e-cigarettes contain nicotine, a dependent substance. The seller points out that the consumption of nicotine can be harmful to health. The products are not suitable for non-smokers, pregnant women, breastfeeding people or people with cardiovascular diseases.
9.3 The seller assumes no liability for damage to health due to improper use of the products.
10. Redemption of vouchers
10.1 Coupons that are issued by the seller free of charge can only be redeemed in the seller's online shop and only in the specified period.
10.2 Vouchers can only be redeemed by consumers.
10.3 Individual products can be excluded from the voucher campaign, provided that there is a corresponding restriction from the content of the voucher.
10.4 Coupons must be redeemed before completing the order process. Subsequent settlement is not possible.
10.5 per order can only be redeemed at a time.
10.6 The value of the goods must at least correspond to the amount of the voucher. Any remaining credit will not be reimbursed by the seller.
10.7 If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
10.8 The credit of a voucher is neither paid out in cash nor with interest.
10.9 The voucher will not be refunded if the customer returns the goods, which have been paid for in whole or in part with the voucher, within the scope of his contractual right of withdrawal.
10.10 The voucher is transferable. The seller can pay to the respective owner who redeems the voucher in the seller's online shop with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligible, incapacity or the lack of authority to represent the respective owner.
11. Applicable law and jurisdiction
11.1 The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually residing.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.
11.3 If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is entitled in any case to appeal to the court at the customer's registered office.
12. Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet via the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
