TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Scope
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These Terms and Conditions (hereinafter referred to as "T&Cs") of Al Fakher Vape USA (hereinafter referred to as "Seller") apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby objected to unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs 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 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of 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, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering 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), 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 pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. 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 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, the 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"), under the PayPal Terms of Use, available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at https://www.paypal.com/us/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller declares the acceptance of the Customer's offer at the moment when the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after sending their order. Further access to the contract text by the Seller does not occur.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize 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 until they click the button that concludes the ordering process.

2.7 Only the English language is available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address they provide 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 the use of SPAM filters does not prevent the receipt of all emails sent by the Seller or by third parties commissioned by the Seller to process the order.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the Seller, the prices indicated are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The available payment methods are communicated to the Customer in the Seller's online shop.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery will be made within the United States to the delivery address provided by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.

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 has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a person authorized to receive the goods only upon handover of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not named this person or institution to the Customer beforehand.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a concrete covering transaction with the supplier with due care. 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.

6) Retention of Title

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

7) Liability for Defects (Warranty)

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

7.2 If the Customer acts as an entrepreneur,

the Seller has the choice of the type of supplementary performance;
the limitation period for defects in new goods is one year from delivery of the goods;
rights and claims due to defects are excluded for used goods;
the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of time limits 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 have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products, for contracts for the supply of goods with digital elements.

7.4 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any statutory recourse claim remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of the Uniform Commercial Code (UCC), they are subject to the commercial obligation to inspect and give notice of defects pursuant to the UCC. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Applicable Law

All legal relationships between the parties shall be governed by the laws of the United States of America, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution 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 resolution of disputes arising from online purchase or service contracts involving a consumer.

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