Terms of Service

 

Herzog's cigar warehouse at Hafen GmbH & Co. KG
General Terms and Conditions for Private Customers (D)
(Version of September 2017)


1. Scope
1.1 For all mutual claims arising from and in connection with a contract between the customer and Herzogs Zigarrenlager am Hafen GmbH & Co. KG are always subject to these General Terms and Conditions in their version valid at the time of the respective order. The following terms and conditions apply to all electronic, telephone or written orders and are recognized by you with each order. The contract language is German.

2nd participant
Herzogs cigar warehouse at the harbor GmbH & Co. KG concludes contracts with customers who
a) natural persons of unlimited legal capacity are those who have reached the age of 18 and with
b) legal persons, each with residence or seat in the Federal Republic of Germany, a member state of the European Union or Switzerland (hereinafter referred to as "customer").
If neither a) nor b) apply to the site visitor, he undertakes to refrain from placing an order.
Insofar as the offer of an unacceptable participant is inadvertently removed from Herzogs Zigarrenlager am Hafen GmbH & Co. KG is accepted, is Duke cigar warehouse at the harbor GmbH & Co. KG within a reasonable period to explain the withdrawal from the contract to the customer.

3. Inspection of the contract text
We save the contract text and send you the order data by e-mail. The terms and conditions can be viewed at any time here. Past orders can be viewed in your account.

4. Subject of the contract
Herzogs cigar warehouse at the harbor GmbH & Co. KG delivers the goods ordered by the customer or provides services after acceptance of the offer. Should Herzogs cigar warehouse at the harbor GmbH & Co. Retrospectively recognize that Herzogs Zigarrenlager am Hafen GmbH & Co. KG an error z. For example, if the information on a product has crept in at a price or on a delivery date, Herzogs Zigarrenlager am Hafen GmbH & Co. KG inform the customer immediately. He can confirm the order under the changed conditions again. Otherwise, Herzog's cigar warehouse at Hafen GmbH & Co. KG is entitled to withdraw from the contract.

5. Contract conclusion
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking on the "Buy" button you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within two days. Unless you have chosen the method of payment in advance. Then the contract is concluded in each case with the automated confirmation of receipt immediately after sending the order.

6. Cancellation policy
6.1 Withdrawal
You can revoke your contract within 30 days without giving reasons in writing (eg letter, fax, e-mail) or - if the case before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before receipt of the first part delivery) and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.
The revocation must be sent to:

Herzogs cigar warehouse at the harbor GmbH & Co. KG
Stralauer Allee 9
D-10245 Berlin
Fax: +49 (0) 30 29047019
E-mail: info@zigarrenherzog.de


Returns processing:
The shipping confirmation of your delivery includes a link that you can use to create a return label up to 30 days after shipping.
In addition, you will find a returns management in your password-protected customer area on our website (in "My customer account" under "My last orders"), where you can also create a returns sticker. With this return sticker you can place the parcel free of charge in every post office, every packing station and at each delivery agent in Germany.
After 30 days, this online return will no longer be available to you. In this case, please contact us by phone or email and we will send you a return label as printable email that has the same characteristics described above as the online return.
This procedure is not a mandatory requirement for the effective exercise of the right of withdrawal.


6.2 Revocation sequences
In the case of an effective cancellation, the mutually received benefits and any benefits (eg interest) surrendered. If you can not give us back or give us the received performance as well as uses (eg benefits of use) or partially or only in a deteriorated condition, you have to pay us compensation. For the deterioration of the thing and for drawn uses, you only have to pay compensation, as far as the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. The term "testing the properties and the mode of operation" refers to the testing and testing of the respective goods, as is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return, if the delivered commodity corresponds to the ordered and if the price of the thing to be returned does not exceed an amount of 40 euro or if you with a higher price of the thing at the time of the revocation still not the consideration or a contractually agreed partial payment. Otherwise, the return is free for you. Non-parcels are picked up at your place. Obligations to reimburse payments must be met within 14 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.

Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you with the dispatch of your revocation, for us with their receipt.


exceptions
The right of withdrawal is excluded for goods that are made to customer specifications or clearly tailored to personal needs or that are not suitable for their return due to their nature or can spoil quickly or whose expiration date would be exceeded.

End of revocation


7. Cost-bearing agreement
If you make use of your right of revocation, you have to bear the regular costs of the return, if the delivered goods correspond to those ordered and the price of the item to be returned does not exceed 40 euros or if you are at a higher price of the item at the time of cancellation have not yet provided the consideration or a contractually agreed partial payment. Otherwise, the return is free for you.

8. Availability reservation
Should Herzogs cigar warehouse at the harbor GmbH & Co. KG after concluding the contract that the ordered goods or services are no longer available from Herzogs Zigarrenlager am Hafen GmbH & Co. KG is available or can not be delivered for legal reasons, Herzogs Zigarrenlager am Hafen GmbH & Co. KG either offer a product or service of equivalent quality and price or withdraw from the contract. Already received payments become Duke cigar storage at the harbor GmbH & Co. KG immediately after a withdrawal from the contract by Herzogs Zigarrenlager am Hafen GmbH & Co. KG or the customer.

9. Delivery
9.1 Herzogs Zigarrenlager am Hafen GmbH & Co. Is liable for the entire risk of damage during transport or the loss of goods during transport. KG. In case of incomplete delivery or damage on the transport route we ask for notification within 24 hours.

If the customer orders a delivery after the 24-hour service and does not meet the goods within an acceptable and reasonable grace period, the customer is entitled to withdraw from the contract and return the goods to Herzogs Zigarrenlager am Hafen GmbH & Co. KG to send back.
Claims for damages are excluded in this case, unless Herzogs Zigarrenlager am Hafen GmbH & Co. KG takes intent or gross negligence.


9.2 The ordered goods are delivered as soon as possible within the scope of the availability of the article by the manufacturer. If not all ordered goods are in stock, we reserve the right to make partial deliveries. Please do not specify a PO box address. All goods will be shipped to the buyer at the address given by the buyer.


Please note:
Cash on delivery and direct debit collection are NOT possible for deliveries abroad.
Please note the respective import regulations.
Order value Switzerland (with customs declaration) worldwide outside the EU (with customs declaration)
less than EUR 10, - EUR 15, - EUR 40, -
EUR 10, - to less than 25, - EUR 15, - EUR 40, -
EUR 25, - to less than 100, - EUR 15, - EUR 40, -
EUR 100, - to less than 250, - EUR 10, - EUR 30, -
over EUR 250, - free EUR 20, -

When shipping abroad, we reserve the free choice of the shipping company.


9.3 For deliveries abroad please note the import regulations for your country and let us know of any special features of the import regulations, so that we can observe this within our capabilities. In this context, we assume no liability for delivered goods that the customer should not have ordered.

We are also not responsible for any costs incurred with the delivery of any kind, such as customs, storage fees, etc. All tobacco products are shipped with the designated German tobacco tax stamp, unless we have written agreement or a permit that allows a deviation from this ,

10th prize
10.1 In addition to the gross price for the goods, the invoice also shows the prices for additional services: packaging, shipping, 24-hour service, insurance and VAT valid at the time of invoicing, etc.


10.2 Payment within Germany is made without deduction by:
Cash on delivery plus € 2.00 at the delivery agent
American Express, Mastercard / Eurocard and VISA
Instant Transfer
Prepayment or advance transfer
Cash payment (pick up only)

Deliveries abroad are only possible against credit card payment or advance transfer.


10.3 For the payment methods credit card / direct debit, your account will be charged when the goods are shipped.


10.4 If Herzog's Cigar Storage at Hafen GmbH & Co. KG from a reliable source after conclusion of the contract facts become known, which point to a bad financial situation of the customer (against the purchaser issued dunning notices, bill protests, foreclosures, etc.), so Herzogs cigar warehouse am Hafen GmbH & Co. KG require an advance payment of the purchase price. Return debit notes, the Herzogs cigar warehouse at Hafen GmbH & Co. KG by giving false account information will be charged to the customer.

11. Retention of title
Herzogs cigar warehouse at the harbor GmbH & Co. KG retains ownership of all goods delivered by it to a customer until final and complete payment of the delivered goods. As far as Herzogs cigar warehouse at the harbor GmbH & Co. KG exchanges goods within the scope of the warranty, it is already agreed today that the ownership of the goods to be exchanged shall be mutually agreed by the customer on Herzogs Zigarrenlager am Hafen GmbH & Co. KG GmbH or vice versa, on the one hand Herzogs Zigarrenlager am Hafen GmbH & Co. KG receives the goods from the customer or the customer receives the replacement delivery from Herzogs Zigarrenlager am Hafen GmbH & Co. KG receives.

12. Warranty
12.1 The warranty shall be in accordance with the statutory provisions, whereby in the event of a defect of the goods we will at first deliver or repair them at your discretion. If the repair fails or if the subsequently delivered goods are also defective, you can return the goods against reimbursement of the full purchase price or keep the goods and reduce the purchase price. Information about any manufacturer warranties, please refer to the product documentation.
You can reach us between Monday and Saturday from 12:00 o'clock to 20:00 o'clock under the telephone number: + 49 (0) 30 29047015 as well as by E-Mail: info@zigarrenherzog.de.


12.2 The customer must check the goods immediately after receipt of the delivery for completeness or any defects, this within two weeks of receipt at the latest, and will in the event of a deviation immediately send a notification of defects. In the case of hidden defects, the notification must be made immediately after detection of the hidden defect within the warranty period.


12.3 The warranty period is two years. It begins with the arrival of the goods at the customer.


12.4 In the event of a defect, the customer may, according to § 439 BGB, demand the elimination of the defect or the delivery of a defect-free item at his discretion. Herzogs cigar warehouse at the harbor GmbH & Co. KG may, in the context of § 439, refuse the type of supplementary performance chosen by the purchaser if it is only possible with disproportionate costs. If, within the framework of a repair, the elimination of a defect does not succeed on the second attempt, then the customer is entitled within the framework of § 439 BGB to demand the delivery of a defect-free item or to reduce the purchase price or to withdraw from the contract.


12.5 Claims for damages due to defects in the goods are excluded, unless Herzogs Zigarrenlager am Hafen GmbH & Co. KG has fraudulently concealed the defects or has assumed a guarantee for the condition of the goods or culpably caused damage to life, health or body.


12.6 A prerequisite for the warranty claims is that the defect was not caused by improper use or overcharging. If a defect appears later than 6 months after handover, the customer has to prove that the item was defective at the time of the transfer of risk. Otherwise, it is Duke cigar warehouse at the port GmbH & Co. KG was free to prove that the item had no defects at the time of delivery.


13. Liability
13.1 Herzogs Cigar Storage at Hafen GmbH & Co. KG, its management and its employees are liable in cases of positive breach of contract, culpa in contrahendo, default, impossibility, tort and other legal grounds in case of intent and gross negligence. In the case of culpable violation of contractual cardinal obligations (principal contractual obligations) or fraudulent misrepresentation as well as in the case of a claim for compensation pursuant to § 437 (2) BGB, Herzogs Zigarrenlager am Hafen GmbH & Co. KG in the legal scope. Liability for employees of Herzogs Zigarrenlager am Hafen GmbH & Co. Is only in the event of a breach of cardinal obligations. KG limited to the typical, foreseeable damage. Indirect damages are excluded to this extent. In case of default, the business customer has the right to withdraw from the contract as an alternative to damages.


13.2 In the event of data loss, Herzogs Zigarrenlager is liable to Hafen GmbH & Co. KG only if the customer has regularly backed up the databases at least once a day. Otherwise, with the exception of cases of intent or gross negligence, liability is excluded.


13.3 The extent of liability of Herzogs Zigarrenlager am Hafen GmbH & Co. KG according to the Product Liability Act remains unaffected.


13.4 The above regulations (9 and 10) give the complete liability of Herzogs Zigarrenlager am Hafen GmbH & Co. KG, its management and its employees. Further liability is excluded.


14. Choice of law
14.1 Legal Relationships between Herzogs Zigarrenlager am Hafen GmbH & Co. KG and customers as well as the respective terms and conditions are subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.


14.2 The provisions of Clause 10.1 do not affect compelling regulations of the law of the state in which the customer has his habitual residence, if and to the extent that the customer has concluded a purchase contract that can not be attributed to the occupational or commercial activity of the customer (consumer contract) and if the customer has made the necessary legal acts in the state of his habitual residence to conclude the contract of sale.

15. Miscellaneous
15.1 Should individual provisions of this contract be wholly or partially invalid or lose their legal validity later, this shall not affect the validity of the remainder of the rest.

16. Responsible

1. For contracts with registered traders, legal persons under public law or special funds under public law, our registered office is agreed as the place of jurisdiction.

2. German law applies excluding the UN sales law.

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