General Terms and Conditions with Customer Information

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Jurisdiction
Code of Conduct
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Oswald GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller concerning the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC apply correspondingly to contracts for the delivery of vouchers unless otherwise stipulated.

1.3 For the purpose of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.4 For the purpose of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer for the goods contained in the shopping cart by clicking the button concluding the order process. Furthermore, the Customer may also submit the offer to the Seller by telephone, email, or online contact form.

2.3 The Seller may accept the Customer's offer within five days:

by sending the Customer a written order confirmation or an order confirmation in text form (e.g., fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after placing their order.

If several of the aforementioned alternatives exist, the contract comes into effect at the point in time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the close 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 is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out via 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 PayPal's 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 - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a PayPal payment method, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button concluding the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after their order is dispatched. Any further access to the contract text by the Seller is not provided. If the Customer has created a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account, specifying the respective login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognition of input errors can be the browser's zoom function, which enlarges the screen display. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button concluding the order process.

2.7 The contract can be concluded in German or English.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller with the order processing can be delivered if spam filters are used.

2.9 By placing an order for alcoholic beverages, the Customer confirms that they have reached the legally required minimum age. The Seller ensures compliance with the minimum age requirement by using an age verification system. Delivery of the goods will only occur following successful verification of age and authentication of the Customer.

2.10 By placing an order for tobacco products, the Customer confirms that they have reached the legally required minimum age. The Seller ensures compliance with the minimum age requirement by using an age verification system. Delivery of the goods will only occur following successful verification of age and authentication of the Customer.

3) Right of Withdrawal

3.1 Consumers generally have the statutory right of withdrawal.

3.2 Detailed 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 product description of the Seller, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that must be borne by the Customer. These include, for example, fees for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import-related taxes or duties (e.g., customs duties). Such costs may also arise concerning money transfers if the delivery is not to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 Unless otherwise agreed, payment is to be made in advance. Payment is due immediately upon conclusion of the contract, provided the parties have not agreed on a later due date.

4.4 All prices on our website and invoice totals include all customs duties and tax levies for import into the EU. If proof of payment for these charges is required, please contact our customer service. Proof will be provided through the invoice, customs notification, and the respective customs receipt.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified by the Customer during the order process is decisive. In the case of payment via PayPal, the delivery address stored with PayPal at the time of payment is decisive.

5.2 If the delivery of goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. Regarding the costs of the return shipment, the provisions of the Seller's cancellation policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller delivers the goods to the carrier, freight forwarder, or the person or institution otherwise responsible for carrying out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer or a person entitled to receive the goods only upon their handover. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer if the Seller delivers the goods to the carrier, freight forwarder, or the person or institution otherwise responsible for carrying out the shipment if the Customer commissioned this party to perform the shipment and the Seller did not name this party to the Customer beforehand.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in cases where the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

by email

5.7 For deliveries to Switzerland and non-European countries, the German value-added tax of 19% is not included in the price. Additional costs (e.g., national taxes/customs duties) may arise upon import. Please inquire with your national customs office.

5.8 Tobacco products, vaporizers, e-cigarettes, liquids, nicotine gels, and similar products are only delivered within the EU and to Switzerland.

5.9 The export of Cuban products to the USA is prohibited.

6) Liability for Defects (Warranty)

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

6.2 If the Customer acts as an entrepreneur:

The Seller has the choice of the type of supplementary 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 restart if a replacement delivery is made within the scope of liability for defects.

6.3 The above-mentioned limitations of liability and shortened limitation periods do not apply:

to claims for damages and reimbursement of expenses by the Customer,
if the Seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their normal use and caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

6.4 For entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

6.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial obligation to inspect and report defects under § 377 HGB. If the Customer fails to comply with the reporting obligations regulated therein, the goods are considered approved.

6.6 If the Customer acts as a consumer, they are asked to report obvious transport damage to the delivery agent and inform the Seller of this. If the Customer fails to comply, this does not affect their statutory or contractual claims for defects.

7) Redemption of Promotional Vouchers

7.1 Vouchers issued free of charge by the Seller as part of promotions with a certain validity period and that cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

7.2 Certain products may be excluded from the voucher promotion, provided a corresponding restriction is stated on the Promotional Voucher.

7.3 Promotional Vouchers can only be redeemed before completing the order process. Retroactive offsetting is not possible.

7.4 Only one Promotional Voucher can be redeemed per order.

7.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

7.6 If the value of the Promotional Voucher is insufficient to cover the order, the Customer may choose one of the other payment methods offered by the Seller to settle the difference.

7.7 The credit balance of a Promotional Voucher will not be paid out in cash or earn interest.

7.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for wholly or partially with the Promotional Voucher within the scope of their statutory right of withdrawal.

7.9 The Promotional Voucher is only intended for use by the person named on it. The transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled but not obliged to verify the material entitlement of the respective Voucher holder.

8) Redemption of Gift Vouchers

8.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated on the voucher.

8.2 Gift Vouchers and any remaining balance of Gift Vouchers are redeemable until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiration date.

8.3 Gift Vouchers can only be redeemed before completing the order process. Retroactive offsetting is not possible.

8.4 Only one Gift Voucher can be redeemed per order.

8.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

8.6 If the value of the Gift Voucher is insufficient to cover the order, the Customer may choose one of the other payment methods offered by the Seller to settle the difference.

8.7 The credit balance of a Gift Voucher will not be paid out in cash or earn interest.

8.8 The Gift Voucher is only intended for use by the person named on it. The transfer of the Gift Voucher to third parties is excluded. The Seller is entitled but not obliged to verify the material entitlement of the respective Voucher holder.

9) Applicable Law

The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10) Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is also entitled to bring proceedings before the court at the Customer's registered office.

11) Code of Conduct

The Seller has committed to the Trusted Shops quality criteria, which can be viewed on the internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution (ODR) on the internet at 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 purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.