Terms of service

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Redeeming Promotional Vouchers
  10. Applicable Law
  11. Place of Jurisdiction
  12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Nexus Innovations GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or business (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 A business within the meaning of these GTC 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 in the Seller's online shop do not constitute binding offers from the Seller, but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that completes the order process.

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), where receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, where receipt of the goods by the Customer is decisive, or
  • requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the moment when one of the above alternatives occurs first. The period for accepting the offer starts 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 this period, this is considered a rejection of the offer, meaning the customer is no longer bound by their declaration of intent.

2.4 If an offer is submitted via the seller's online order form, the contract text will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not provide any further access to the contract text. If the customer has created 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 accessed free of charge by the customer via their password-protected user account using the relevant login details.

2.5 Before submitting a binding order via the seller's online order form, the customer can spot possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better spotting input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions, up until they click the button that completes the order process.

2.6 Different languages are available for concluding the contract. The specific language options are shown in the online shop.

2.7 Order processing and communication usually take place by email and automated order processing. The customer must make sure that the email address they provide for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties authorized by the seller for order processing can be delivered.

2.8 When ordering nicotine-containing vaporizer liquids or liquids, flavors, and/or base liquids without nicotine, by submitting the order, the customer confirms that they have reached the legally required minimum age. The seller uses an age verification system to ensure that the customer has reached the legally required minimum age. Therefore, the goods will only be handed over after a successful age check and authentication of the customer.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information about the right of withdrawal can be found in the seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a European Union member state and whose sole place of residence and delivery address at the time the contract is concluded is outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices listed are total prices and include statutory VAT. Any additional delivery and shipping costs will be listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the seller and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to 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 The payment method(s) available to the customer will be communicated in the seller's online shop.

4.4 If you choose the "SOFORT" payment method, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account enabled for participation in "SOFORT," authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. The customer can find more information about the "SOFORT" payment method online at https://www.klarna.com/sofort/.

4.5 If you choose a payment method offered through the payment service "mollie," payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereafter: "mollie"). The specific payment methods available through mollie will be shown to you in the seller's online shop. To process payments, mollie may use other payment services, which may have their own special payment terms that you'll be informed about separately if needed. You can find more info about "mollie" online at https://www.mollie.com/de/.

4.6 If you choose a payment method offered through the payment service "Klarna," payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereafter "Klarna"). You can find more details and Klarna's terms here:

https://happys-amsterdam.de/pages/zahlungsmoglichkeiten

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping, delivery will be made within the delivery area specified by the seller to the delivery address you provide, unless otherwise agreed. For processing your order, the delivery address you enter during the seller's checkout process is what counts.

5.2 If delivery fails for reasons you are responsible for, you have to cover the reasonable costs incurred by the seller. This doesn't apply to the cost of sending the goods to you if you effectively exercise your right of withdrawal. For return shipping costs when you exercise your right of withdrawal, the seller's cancellation policy applies.

5.3 If the customer is acting as a business, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the item over to the shipping agent, carrier, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery of the goods. However, if the customer commissions the shipping agent, carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the item over to them, even if the customer is a consumer.

5.4 The seller reserves the right to withdraw from the contract if they are not supplied correctly or on time by their own suppliers. This only applies if the seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to obtain the goods. If the goods are unavailable or only partially available, the customer will be informed immediately and any payment already made will be refunded right away.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller provides goods in advance, they retain ownership of the delivered goods until the full purchase price owed has been paid.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory regulations on liability for defects apply. However, for contracts for the delivery of goods, the following applies:

7.1 If the customer is acting as a business,

  • the seller can choose the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • for used goods, rights and claims for defects are excluded;
  • the limitation period does not start anew if a replacement delivery is made under the warranty.

7.2 The above limitations of liability and shortened periods do not apply

  • for the customer's claims for damages and reimbursement of expenses,
  • if the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 In addition, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is a merchant as defined by § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations set out there, the goods are considered approved.

7.5 If the customer is a consumer, they are asked to report goods with obvious transport damage to the delivery agent and inform the seller about it. If the customer does not do this, it has no effect on their statutory or contractual warranty claims.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable on any legal grounds

  • in cases of intent or gross negligence,
  • for intentional or negligent injury to life, body, or health,
  • based on a guarantee promise, unless otherwise specified,
  • due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies according to the previous section. Essential contractual obligations are duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for their vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Certain products may be excluded from the voucher promotion if such a restriction is specified in the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completing the order process. Retroactive application is not possible.

9.5 Multiple promotional vouchers can be redeemed in a single order.

9.6 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.

9.7 If the value of the promotional voucher is not enough to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

9.8 The balance of a promotional voucher will not be paid out in cash or earn interest.

9.9 The promotional voucher will not be refunded if you return goods paid for wholly or partly with the voucher under your statutory right of withdrawal.

9.10 The promotional voucher is intended only for use by the person named on it. Transferring the voucher to third parties is not allowed. The seller is entitled, but not obliged, to check the material entitlement of the voucher holder.

10) Applicable Law

10.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies as long as the protection granted by mandatory provisions of the law of the country where the consumer has their usual residence is not withdrawn.

10.2 This choice of law also does not apply to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not members of a European Union member state and whose sole place of residence and delivery address at the time of contract conclusion is outside the European Union.

11) Place of Jurisdiction

If the customer is acting 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 place of business. If the customer has its registered office 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, provided the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in all the above cases, the seller is always entitled to bring an action at the customer's place of business.

12) Alternative dispute resolution

12.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for 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.