Conditions d'utilisation

GENERAL TERMS AND CONDITIONS

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company “Cigarettes in Paris” (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online store. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In this case, in addition to delivering the goods, the seller owes the provision of digital content or digital services (hereinafter “digital products”) that are contained in or associated with the goods in such a way that the goods cannot fulfill their functions without them.

1.3 These GTC shall apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise provided for. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.5 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store 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 store. 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 for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, by online contact form, by post or by telephone.

2.3 The seller can 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), whereby the customer's receipt of the order confirmation is decisive, or

by delivering the ordered goods to the customer, whereby the customer's receipt of the goods is decisive, or

by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you choose 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the 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 during the online ordering process, the seller declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

2.5 If the payment method “Amazon Payments” is selected, payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.

2.6 When an offer is made using the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent his order. The seller does not make the contract text available in any other way.

2.7 Before placing a binding 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 of better recognizing input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.8 The German language is available for the conclusion of the contract.

2.9 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order process 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.

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 cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs that may apply will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online store.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the “PayPal” payment service is selected, the payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which the seller provides advance performance to the customer (e.g. purchase on account or payment by installments), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider contracted by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments with debt-discharging effect to PayPal or the payment service provider contracted by PayPal. However, even in the event of the assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes.

4.5 If the “IMMEDIATELY” payment method is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “IMMEDIATELY”). In order to pay the invoice amount via “SOFORT”, the customer must have an online banking account that is activated for participation in “SOFORT”, must identify themselves accordingly during the payment process and must confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately by “SOFORT” and the customer's bank account is debited. The customer can find more information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the “Shopify Payments” payment service is selected, payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The customer will be informed of the individual payment methods offered via Shopify Payments in the seller's online shop. To process payments, Stripe may use additional payment services that may be subject to special payment terms, which the customer may be notified of separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the “mollie” payment service is selected, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. To process payments, mollie may use additional payment services that may be subject to special payment terms, which the customer may be notified of separately. Further information about “mollie” is available on the Internet at https://www.mollie.com/de/.

5) Delivery and shipping terms

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 provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. By way of derogation from this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2 If 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 does not apply with regard to the costs of the initial shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the regulation made in the seller's cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is acting in a commercial capacity, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or organization designated to carry out the shipment. If the customer is acting in a consumer capacity, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer, or a person authorized to receive the goods, upon delivery. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment has commissioned the freight forwarder, the carrier or the person or institution otherwise designated 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 delivery to the seller. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded immediately.

5.5 For logistical reasons, collection by the customer is not possible.

6) Retention of title

If the seller provides advance performance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;

for new goods, the limitation period for defects is one year from delivery of the goods;

for used goods, rights and claims due to defects are excluded;

the limitation period does not start again if a replacement delivery is made under the warranty for defects.

7.2 The above limitations of liability and shortened deadlines do not apply

for claims for damages and reimbursement of expenses by 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 purpose and have caused its defectiveness,

for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the commercial duty of examination and notification of defects applies in accordance with § 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.

7.5 If the customer is acting in a consumer capacity, they are asked to complain to the delivery agent about goods delivered with obvious transport damage and to inform the seller of this. If the customer fails to do so, this will not affect their statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific customer specifications

8.1 If, in accordance with the content of the contract, the seller is also responsible for processing the goods in accordance with certain customer specifications in addition to delivering the goods, the customer must provide the seller with all the content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademark rights and personal rights.

8.2 The customer indemnifies the seller from claims of third parties, which they can assert in connection with a violation of their rights by the contractual use of the customer's content by the seller. In this case, the customer shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or is contrary to public decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

9) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10) Alternative dispute resolution

10.1 The European Commission provides a platform for online dispute resolution, which can be accessed via the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

10.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.