General Terms and Conditions and Customer Information
Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider. (Melius GmbH) via the website https://www.newtobacco.de/ . Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby excluded.
(2) The following terms and conditions apply to contracts that you conclude with us as the provider (Mellus GmbH) via our website [https://www.newtobacco.de/](https://www.newtobacco.de/). Unless otherwise agreed, the inclusion of your own terms and conditions is hereby excluded.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there.
After accessing the “Checkout” page and entering your personal data as well as the payment and shipping details, the order information will be displayed as an order summary.
If you use an instant payment system as your payment method (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order summary again, change it (also via the “back” function of the internet browser), or cancel the order.
By submitting the order via the corresponding button (“Buy” or a similar designation), you legally declare acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are non-binding. We will submit a binding offer to you in text form (e.g., by email), which you may accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not prevented by spam filters.
§ 3 Contract Term / Termination in the Case of Subscription Contracts
(1) The subscription contract concluded between you and us has the agreed term. If the contract is not terminated by either party in text form (e.g., by email) at least 3 weeks before the end of the contract (unless a different period is specified in the respective offer), it will automatically be extended by the agreed basic term. If the basic term exceeds one year, the contract will, however, only be extended by one year in each case.
(2) The right to terminate the contract without notice for good cause remains unaffected.
§ 4 Special Provisions Regarding the Offered Payment Methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ)Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Instant bank transfer: Available in Germany and Austria. Your account will be charged immediately after the order is placed.
- Direct debit: Die Abbuchung erfolgt nach Versand der Ware. Der Zeitpunkt wird Ihnen per E-Mail mitgeteilt.
- Credit card (Visa/Mastercard): Available in Germany and Austria. The charge will be made after the goods have been shipped, after tickets or services become available, or in the case of a subscription, according to the communicated schedule.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we transmit your data to Klarna as part of initiating and processing the purchase contract for the purpose of address and credit checks. Please understand that we can only offer those payment methods that are permitted based on the results of the credit check
Further information and Klarna’s terms of use can be found here. hierFurther information and Klarna’s terms of use can be found here. hierYour personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information provided in. Klarnas Datenschutzbestimmungen processed.
Further information about Klarna can be found here. hierThe Klarna app can be found here. hier.
(2) SEPA Direct Debit (Core and/or Business Direct Debit)
When paying by SEPA Core Direct Debit or SEPA Business Direct Debit, you authorize us, by issuing a corresponding SEPA mandate, to debit the invoice amount from the specified account.
The direct debit will be collected within 10–15 days after the conclusion of the contract.
The period for sending the pre-notification (pre-notification) is shortened to 5 days before the due date. You are obliged to ensure that sufficient funds are available in the account on the due date. In the event of a returned direct debit due to your fault, you must bear the resulting bank fees.
§ 5 ZurückbehaltungsrechtRight of Retention, Retention of Title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice value; we accept the assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, or statements made by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a price reduction or withdraw from the contract. The remedy shall be deemed to have failed after the second unsuccessful attempt, unless something different results in particular from the nature of the goods or the defect or from other circumstances. In the case of repair, we are not obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
– for damages attributable to us resulting from injury to life, body, or health caused by our fault, and for other damages caused intentionally or through gross negligence;
– if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods;
– for goods that have been used for a building in accordance with their usual use and have caused its defect;
– in the case of statutory recourse claims that you have against us in connection with defect rights.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time the action is filed. The right to also bring an action before another court with statutory jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
§ 8 Protection of Minors
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that the information provided regarding your name and address is correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery, who have also reached the legally required minimum age, take receipt of the goods.
(3) To the extent that we are required by law to carry out an age verification, we instruct the logistics service provider responsible for the delivery to hand over the goods only to persons who have reached the legally required minimum age and, in case of doubt, to request the identification document of the person receiving the goods for age verification.
(4) If we indicate in the respective product description that you must have reached the age of 18 to purchase the goods, in addition to the legally required minimum age, the above paragraphs 1–3 shall apply with the proviso that full legal age must be reached instead of the legally required minimum age.
II. Customer Information
1. Identity of the Seller
Melius GmbH
Stefan-George-Ring 2
81929 Munich
Germany
Phone: +49 (0) 173 2391369
E-Mail: mail@newtobacco.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/odr.
2 Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have committed ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been agreed.
6.3. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU Member State but the payment was initiated outside the European Union.
6.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and shipment are made at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
9. Contract Term / Termination
Information on the duration of the contract and the termination conditions can be found in the provision “Contract Term / Termination in the Case of Subscription Contracts” in our General Terms and Conditions (Part I), as well as in the respective offer.
These General Terms and Conditions and customer information were created by lawyers of Händlerbund who specialize in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of these texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.