Terms of service
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
5. Granting of usage rights for digital content
6. Retention of title
7. Liability for defects (Warranty)
8. Special conditions for the processing of goods according to specific customer requirements
9. Redeeming promotional vouchers
10. Redemption of gift vouchers
11. Applicable Law
12. Place of jurisdiction
13th Code of Conduct
14. Alternative Dispute Resolution
1. SCOPE
1.1 These General Terms and Conditions (hereinafter "GTC") of Trends and Lifestyle (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby rejected, unless something else has been agreed.
1.2 For contracts for the delivery of digital content, these GTC apply accordingly, unless expressly stated otherwise.
1.3 For contracts concerning the delivery of vouchers, these General Terms and Conditions apply accordingly, unless expressly stated otherwise.
1.4 Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. Entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.5 Digital content within the meaning of these GTC refers to all data that are not stored on a physical data carrier, which are produced in digital form and provided by the seller with the granting of certain usage rights that are regulated in more detail in these GTC.
2. CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from 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 shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by phone, email, or post.
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 email), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting the customer to make payment after the customer has placed their order.
If several of the aforementioned alternatives are present, the contract is 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 When selecting the payment method "PayPal Express", the payment processing is carried out 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"), in accordance with the PayPal User Agreement, 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 – under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that completes the order process, they also issue a payment order to PayPal. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the order process.
2.5 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. There will be no further accessibility of the contract text provided by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via their password-protected user account by providing the corresponding login details.
2.6 Before the binding submission of the 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 for better recognition of input errors can be the browser's zoom function, which allows the display on the screen to be enlarged. The customer can correct their entries within the electronic ordering process as long as they use the usual keyboard and mouse functions, until they click the button that completes the ordering process.
2.7 For the conclusion of the contract, the German and English languages are available.
2.8 The 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 correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.
2.9 In the case of an order for nicotine-containing vapor liquids or for liquids, flavors, and/or base liquids without nicotine, the customer confirms by submitting the order that they have reached the legally required minimum age.
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 withdrawal instruction.
3.3 Right of Withdrawal Information
You have the right to withdraw from this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us
Trends & Lifestyle Deutschland GmbH
Burgstraße 12
41844 Wegberg
E-Mail [email protected]
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.
3.4 Consequences of revocation
"If you revoke this contract, we will refund you all payments we have received from you, minus the delivery costs, without delay and at the latest within fourteen days from the day we receive your notice of revocation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund."
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
End of revocation
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Cancellation form
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
Trends & Lifestyle Deutschland GmbH
Burgstraße 12
41844 Wegberg
E-Mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:
_____________________________________________________
Ordered on:
__________________
Name of the consumer(s):
_____________________________________________________
Address of the consumer(s):
_____________________________________________________
Signature of the consumer(s) (only for paper notification)
__________________
Datum:
__________________
(*) Delete what is not applicable.
4. PRICE AND PAYMENT TERMS
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When paying using a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), in accordance with the PayPal User Agreement, 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 – in accordance with the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 When selecting the payment method "SOFORT", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is enabled for participation in "SOFORT", must authenticate themselves during the payment process, and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" on the internet at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered through the payment service "mollie", the payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter referred to as "mollie"). The individual payment methods offered through mollie will be communicated to the customer in the seller's online shop. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about "mollie" can be accessed online at https://www.mollie.com/de/.
4.7 When selecting the payment method SEPA direct debit, the invoice amount is due after the issuance of a SEPA direct debit mandate, but not before the expiration of the period for the pre-notification of payment. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiration of the pre-notification period. Pre-notification is any communication (e.g., invoice, policy, contract) from the seller to the customer that announces a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or because of the provision of incorrect bank details, or if the customer disputes the debit despite not being entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the reversal, if he is responsible for this.
4.8 If the payment method SEPA direct debit is selected, the invoice amount is due after the issuance of a SEPA direct debit mandate, but not before the expiration of the notice period for the advance information regarding the payment. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiration of the notice period. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer that announces a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or because of the provision of incorrect bank details, or if the customer disputes the debit despite not being entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the reversal, if he is responsible for this. The seller reserves the right to conduct a credit check when selecting the payment method SEPA direct debit and to refuse this payment method in the event of a negative credit check.
4.9 When selecting the payment method "PayPal Direct Debit", PayPal will debit the invoice amount after the issuance of a SEPA direct debit mandate, but not before the expiration of the advance information period on behalf of the seller from the customer's bank account. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or because of the provision of incorrect bank details, or if the customer disputes the debit despite not being entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the reversal, if he is responsible for this.
4.10 If a payment method offered through the payment service "Klarna" is selected, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and the terms of Klarna can be found in the seller's payment information, which can be viewed at the following internet address: https://www.billpay.de/allgemein/datenschutz/
5. DELIVERY AND SHIPPING CONDITIONS
5.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily unable to accept the offered service, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply to the costs of sending if the customer effectively exercises his right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.
5.3 In the case of self-collection, the seller first informs the customer via email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods at the seller's location after consulting with the seller. In this case, no shipping costs will be charged.
5.4 Digital content will be provided to the customer exclusively in electronic form as follows:
per Download
by E-Mail
5.5 Coupons will be provided to the customer as follows:
per Download
by E-Mail
by post
6. GRANTING OF USAGE RIGHTS FOR DIGITAL CONTENT
6.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer a non-exclusive, geographically and temporally unlimited right to use the provided content for private as well as business purposes.
6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 The granting of rights becomes effective only when the customer has fully paid the contractually owed remuneration. The seller may provisionally allow the use of the contractual contents even before this time. A transfer of rights does not occur through such provisional permission.
7. RETENTION OF TITLE
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
8. LIABILITY FOR DEFECTS (WARRANTY)
8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
8.2 The customer is requested to report any delivered goods with obvious transport damage to the carrier and to inform the seller of this. If the customer fails to do so, it will have no effect on their statutory or contractual claims for defects.
9. SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO SPECIFIC CUSTOMER REQUIREMENTS
9.1 If the seller is obligated under the terms of the contract to not only deliver the goods but also to process the goods according to specific requirements of the customer, the customer must provide the operator with all necessary content for the processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the operator, and grant the necessary usage rights for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer ensures that no third-party rights are violated as a result, especially copyright, trademark, and personal rights.
9.2 The Customer shall indemnify the Seller against claims by third parties that may be asserted against the Seller in connection with a violation of their rights due to the contractual use of the Customer's content by the Seller. The Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the legal violation is not attributable to the Customer. The Customer is obliged to provide the Seller with all information necessary for the examination of the claims and a defense immediately, truthfully, and completely in the event of a claim by third parties.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or goes against good morals. This particularly applies to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifying violence.
10. REDEMPTION OF PROMOTIONAL VOUCHERS
10.1 Coupons that are issued by the seller as part of promotional campaigns with a specific validity period free of charge and that cannot be purchased by the customer (hereinafter referred to as "promotional coupons") can only be redeemed in the seller's online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.
10.4 In an order, multiple promotional vouchers can also be redeemed.
10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9 The promotional voucher is intended solely for use by the person named on it. A 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.
11. REDEMPTION OF GIFT VOUCHERS
11.1 Coupons that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
11.3 Gift vouchers can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.
11.4 In an order, multiple gift vouchers can also be redeemed.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
11.8 The gift voucher is intended solely for use by the person named on it. A 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.
12. APPLICABLE LAW
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
13. JURISDICTION
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
14. CODE OF CONDUCT
The seller has submitted to the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
15. ALTERNATIVE DISPUTE RESOLUTION
15.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
15.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.