General Terms and Conditions of Business
Based on these terms and conditions, the purchasing contract takes place between the customer and Universe Shisha UG, represented by
Fabian Fuchs and Daniel Eichert
Trade register: district court of Stuttgart, Germany
Trade register no. HRB 752587
VAT no. DE299763952,
hereinafter entitled “vendor”.
This contract regulates the sale of items in the field of waterpipes for recreational use via the contact form on the vendor’s website. For details about the specific offers, please refer to their respective product descriptions on the product pages. Any product details are not intended as a guarantee of product features according to § 443 of the German civil code (BGB), but as generally valid product descriptions. We reserve the right to change the product due to technical improvements at any time.
Conclusion of Contract
The contract is concluded within the electronic business operations via telecommunications devices such as E-Mail. The offers on display are a non-binding invitation request for an offer via the customer order, which the vendor then can accept.
The ordering process can be made via telecoms devices (E-Mail) and, for the customer, involves the following steps:
— Sending a request
— Receiving an offer
— Sending a definite order
— Receiving a confirmation of the order.
The contract is in effect as soon as we send the confirmation of the order.
Prices, delivery costs and return delivery costs
All prices are final, end-customer prices and contain VAT. Apart from the price for the items, delivery costs are additional and are displayed before the order is sent. The customer pays for return delivery costs in case he revokes the order after delivery, as far as his right of withdrawal is in effect.
Upon payment, the article is manufactured and dispatched within the agreed-upon deadline. If the vendor cannot be held responsible for a shipping delay, especially due to acts of nature or not being supplied despite paying suppliers on time, the vendor reserves the right to revoke the contract with the customer. The customer will be informed about this immediately. Any payments from the customer to the vendor will be refunded to the customer.
Notice of Risk and Limited Liability
We would like to indicate that the regular consumption of tobacco with a waterpipe involves health risks similar to those of cigarette use. The use of waterpipes can lead to a higher amount of carbon monoxide inhaled than through the consumption of cigarettes. This toxic gas binds itself to the blood colouring agent haemoglobin and can thus obstruct the supply of oxygen to the body. Especially pregnant women and persons with heart or circulatory diseases should therefore not smoke and/or use waterpipes.
Our products are exclusively intended for use according to the product description and any given instruction manual. If the customer uses the product for other purposes, he does so exclusively at his own risk. We exclude liability for such uses without our explicit prior approval, except if liability exists due to binding, non-negotiable rules of law.
We take no liability for the aforementioned health risk due to smoking. Apart from that, we are liable for harm to health, life and bodily integrity as well as for any purpuseful or reckless harm that we cause. Our liability is unlimited in respect to compulsory legal requirements as well as to intentionally conceiled faults in our product.
The following exclusions and limitations of liability pertain to ourselves as well as to our subsidiaries, legal representatives, employees and other aides in equal measure.
Proscription of Surrender and Seizure
Claims and rights of the customer toward the vendor cannot be surrendered or seized without the vendor’s consent, unless the customer has proved a legitimate interest in the surrender or seizure.
Language, Jurisdiction and Applicable Law
The contract is written either in German or in English. The subsequent processes that are part of the contractual relationship take place either in German or in English. The law of the Federal Republic of Germany is the sole applicable law in this context. For the customer, this applies only to the extent that the applicable law of the state where the customer has his permanent or habitual residence is not expressly infringed upon. The competent court of jurisdiction is the site of the vendor for cases of legal arguments with customers that are neither consumers, legal entities or public separate estates.
In the context of initiating, finalising, implementing and rescinding the transaction of the purchasing contract on the basis of these terms and conditions, data is collected, saved and processed by the vendor. This takes place within legal regulations. The vendor passes no personal customer data on to third parties, unless he is legally obligated to do so or the customer has explicitly given permission herefor. If a third party is involved in the process of production, the legal requirements of the German federal code for data protection (Bundesdatenschutzgesetz) are observed. The data the customer has provided during ordering are exclusively used in order to conclude the contract and are merely processed for the purposes for which the customer has provided the data. The data is, as far as necessary, given to the shipping company that dispatches the product according to the contract. The payment details are given to the financial institution charged with the payment. As far as storage terms related to commercial or tax law apply, the storage of certain data can take up to ten years. During the visit of the vendor’s internet-based shop, anonymised data that is neither intended nor apt to make inferences about personal data — especially IP address, date, time, browser type and sites visited — is logged. At the customer’s explicit request, personal data that we have collected is deleted, corrected or blocked, within the limits of statutory regulations. A disclosure about all the respective customer’s personal data in our possession is available free of charge. For inquiries about deleting, blocking or correcting personal files as well as their collection, processing and usage, the customer can contact us by post via Universe Shisha UG (limited liability), Fabian Fuchs/Daniel Eichert, Birkenackerweg 6/1 D-71384 Weinstadt, by phone via +49 (0) 171 9370525, or by E-Mail via firstname.lastname@example.org.
The inapplicability of a clause contained in these terms and conditions has no effect on the applicability of the other clauses herein.