Terms of service
General Terms and Conditions and Consumer Information
1. Scope of application and definitions
(1) For business relations between CSC Cigars GmbH, 69190 Walldorf (hereinafter referred to as “Seller”) and a customer who is a consumer within the meaning of § 13 BGB (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 of the order, 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 declaration (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:
CSC Cigars GmbH
Altrottstr. 31
69190 Walldorf
E-Mail: info@cigarseedcompany.eu
Consequences of withdrawal
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges, without undue delay and at the latest within 6 months from the date on which we receive notification of your revocation of this Agreement. 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 are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish 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 according to customer specifications (this is the case with all S.T. Dupont products) or
- clearly tailored to personal needs or
- that are not suitable for return due to their nature
- the customs regulations of the destination country provide for confiscation
End of the revocation instruction
4. Exclusion of revocation and return costs when exercising the right of revocation
(1) In accordance with § 312d para. 4 BGB, a right of revocation does not exist, among other things, for contracts for the delivery of goods that are manufactured according to customer specifications or are 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 for delivery within Germany
between 8.99 EUR and 21.99 EUR per order, depending on the shipping weight. From 100,- EUR value of goods the shipping costs are dropped. The shipping costs are clearly indicated on the product pages and on the order page. In the case of pickup, no shipping costs are incurred. International shipping costs may vary depending on the destination country
(3) CSC Cigars GmbH does not assume any further taxes or costs, such as import duties; the buyer is responsible for clarifying and dealing with tax and customs regulations.
6. Delivery
The delivery is made by sending the ordered goods to the address provided electronically by the buyer. Deliveries of tobacco products are made internationally. The goods will be delivered to the buyer within approx. 5 working days after conclusion of the contract, in the case of advance payment after the money has been received in the seller's account. S.T. Dupont products have a delivery time of approx. 1-9 months. The costs will be shown separately by the seller when the order is placed. The delivery agent will only hand over the goods after the age check has been carried out or to an authorized adult.
If goods with obvious transport damage are delivered, please report such defects to the delivery agent as soon as possible and contact us immediately.
7. Payment
(1) The purchase price is due immediately upon conclusion of the contract.
(2) The buyer can pay by PayPal, instant bank transfer or credit card. This also applies to customers collecting the goods themselves. We do not offer cash payment.
8. Reservation of title
The goods remain our property until full payment has been received. If you are more than 10 days in default of payment, we have the right to withdraw from the contract and demand the return of the goods.
9. Warranty for defects
(1) If the goods purchased and delivered from our online shop 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 an individual case.
10. Protection of minors
(1) We support the Youth Protection Act: No sale of tobacco products and spirits to persons under 18 years of age. For this we use an age verification via date of birth (2) before you can enter our online shop, as well as DHL shipping with age verification (3).
(2) When you access the online shop, a pop-up window will appear asking you to enter your date of birth. This age verification tool ensures that you have reached the legal age to purchase certain products.
(3) Shipping with DHL Age Verification: If your order contains items that are subject to age restrictions, we will ensure, by means of a reliable process and involving personal identity and age verification, that the customer has reached the required minimum age before the delivery agent hands over the goods. Delivery to packing stations is not possible in such cases.
11. Liability
(1) We are 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 shall only be liable for foreseeable damage typical of the contract. We shall not be liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain 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.
(3) In the case of S.T. Dupont products, we are not liable for the respective tax and customs regulations of the country of destination; this also applies to any confiscations. A refund of the purchase price is excluded in such a case.
12. 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.
13. 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.
14. Severability Clause
Should individual provisions of these terms and conditions be or become invalid and/or contradict the statutory provisions, the validity of the remaining terms and conditions shall remain unaffected. 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.
15. 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 related to your online order without the intervention of a court. The dispute resolution platform can be found at the following external link: . http://ec.europa.eu/consumers/odr/ email address is: info@cigarseedcompany.eu
