General Terms and Conditions

General Terms and Conditions and Consumer Information

1. Scope of application and definitions
(1) For business relations between CSC Cigars GmbH, Jahnstr. 23a, 75173 Pforzheim, Germany (hereinafter referred to as “Seller”) and a customer who is a consumer within the meaning of § 13 BGB (German Civil Code) (hereinafter also referred to as “Buyer”), the following General Terms and Conditions in the valid version at the time of the order apply exclusively to online orders at www.cigarseedcompany.eu. The terms and conditions can be accessed, printed and saved at any time at https://cigarseedcompany.eu/agb.
(2) According to § 13 BGB, a consumer in the sense of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent activity.

2. Offer and conclusion of contract
(1) A contract in our shop requires that the buyer is of legal age under German law. By setting up the customer account, the buyer assures that he is at least 18 years old and that the goods will be received either by himself or by an adult authorized by him. We reserve the right to take legal action in the event of non-compliance.
(2) Before the first order, the buyer sets up a customer account. To place an order, the buyer must be logged in to his customer account. For reasons of the protection of minors, guest orders are not possible.
(3) On our online shop page, the buyer can select products and place them in the virtual shopping cart. In the shopping cart, the buyer can select the delivery quantity of the desired goods and add or remove goods. By clicking on the “Proceed to Checkout” button, the buyer is taken to the page for entering their address data. After entering their address data, the buyer submits a binding offer to purchase the goods in the shopping cart at the conditions listed there by clicking on the “Order with obligation to pay” button. Before the order is sent, the data can be viewed, changed and deleted at any time.
(4) The order can only be placed and transmitted if the buyer accepts these contractual conditions by ticking the checkbox “Yes, I have read and accept the General Terms and Conditions, and I have also taken note of the cancellation policy”. The terms and conditions can be read, printed or saved on a local computer at any time via the internet browser.
(5) The seller sends an automatic confirmation of receipt by email to the buyer immediately after the order has been sent, in which the order is listed again.
The automatic confirmation of receipt documents that the seller has received the order and does not constitute acceptance of the offer. A purchase contract is only concluded when the seller sends the ordered goods to the buyer and confirms the shipment with a second email (shipping confirmation).
(6) A contract for the ordered and delivered goods is concluded at the latest when the goods are delivered to the buyer.
(7) If no order confirmation is received within one week, the buyer is no longer bound by his offer.

3. Right of withdrawal
Consumers have a right of withdrawal in accordance with the following cancellation policy:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form provided here for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. The withdrawal is to be addressed to:

Consequences of withdrawal
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs, without delay and at the latest within 6 months from the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this repayment. 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 notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the immediate costs of returning the goods. We can refuse a refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You only have to pay for any diminished value of the goods if this diminished value can be attributed to unnecessary handling on your part to ascertain the nature, characteristics and functioning of the goods.
Special Notes:
We expressly point out that the right of withdrawal does not apply to:
– delivery of goods that are made to customer specifications or
– clearly tailored to personal needs or
– that are not suitable for return due to their nature.

End of cancellation policy


4. Exclusion of revocation and return costs when exercising the right of revocation
(1) In accordance with § 312d para. 4 BGB, a right of withdrawal does not exist, among other things, for contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature.
(2) If the buyer exercises his right of withdrawal, he has to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods.

5. Prices and Shipping Costs
(1) The prices stated on the product pages include the statutory sales tax and other price components and are stated in euros.
(2) In addition to the stated prices, we charge
€7.99 per order for delivery within Germany. There are no shipping costs for orders over €100. The shipping costs are clearly stated on the product pages and on the order page. Of course, there are no shipping costs if you pick up the goods yourself.
(3) No further taxes or costs will be incurred.

6. Delivery
The delivery is made by sending the ordered goods to the address provided electronically by the buyer. Deliveries are made worldwide. The goods will be delivered to the buyer within approximately 5 working days after the conclusion of the contract, in the case of advance payment after the money has been received in the seller's account. The costs will be shown separately by the seller as part of the order process. The S.T.Dupont products have a delivery time of 1-9 months. The delivery agent will only hand over the goods after the age check has been carried out or to a person of legal age authorized by him.

7. Payment
(1) The purchase price is due immediately upon conclusion of the contract.
(2) The buyer can pay via PayPal or instant bank transfer. If you pick up the goods yourself, you can also pay in cash, by debit card or credit card.

8. Retention of title
The goods remain our property until full payment has been received. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and demand the return of the goods.

9. Warranty
(1) If the goods purchased and delivered in our online store are defective, you are entitled, within the framework of the statutory provisions, to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects that we have fraudulently concealed shall become time-barred within the regular limitation period.
(3) You shall also be entitled to rights arising from defects within the scope of a guarantee of quality and/or durability, provided that we have expressly provided such a guarantee with regard to the sold item in individual cases.

10. Liability
(1) We shall be liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfillment is essential to the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose compliance you as a customer may regularly rely. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability do not apply to injury to life, limb and health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant and uninterrupted availability of our online trading system.

11. Further information
The text of the contract is stored on the seller's internal systems. The buyer can view the General Terms and Conditions at any time on the seller's website. The order data and the General Terms and Conditions are sent to the buyer by email. After the order has been completed, the order data is no longer accessible via the internet for security reasons.

12. Applicable law
These General Terms and Conditions are subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention. The mandatory consumer protection regulations of the country in which the buyer has his habitual residence are excluded from this choice of law.

13. Severability Clause
Should individual provisions of these terms of use be or become invalid and/or contradict the statutory provisions, the validity of the remaining terms of use shall not be affected. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply accordingly to any gaps in the provisions.

14. Dispute resolution
From February 15, 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with your online order initially without the intervention of a court. The dispute resolution platform can be found at the following external link: .http://ec.europa.eu/consumers/odr/ Our email address is: info@cigarseedcompany.eu