1.1 These General Terms and Conditions applies to all customer orders in the online shop, via Amazon Marketplace (and/or other market sites such as e.g. Rakuten, Hood etc.) or in the eBay-Shop of owner: Guido Wagner, Gayerstr. 45, D-99867 Gotha (following „focusvape(dot)uk“) as well as for phone orders. They determine the conclusion of the contract between focusvape(dot)uk and the customer, the settlement of concluded contracts and mutual rights and obligations.
1.2 For the business relationship between focusvape.uk and the customer the following General Terms and Conditions exclusively apply from the time the order in the respective valid version. focusvape(dot)uk doesn’t accept any deviating terms unless focusvape(dot)uk has explicitly accepted the respective version.
2. Conclusion of contract
2.1 Contract conclusion when purchasing via eBay
2.1.1 When placing order via the internet platform eBay the contract conclusion is determined by the “General Terms and Conditions for the Use of German eBay Websites” in the respective valid version.
2.2 Contract conclusion for orders in our online shop
2.2.1 The presentation of goods in our online shop doesn’t represent a binding offer to the customer but merely is an online sales prospectus.
2.2.2 The placing of the order (the online order form) by the customer clicking on the button “Buy Now!” represents a binding offer from the customer towards focsuvape(dot)uk to conclude a contract for the order of the contained goods in basket at the transmitted conditions.
2.2.3 The confirmation of the receipt of the order is done together with the acceptance of the order immediately upon sending through an automated email (order confirmation). With this email confirmation a sales contract has been concluded.
2.2.4 As far as focusvape(dot)uk rejects the customer’s order then they will promptly inform the customer of this.
2.3. Contract conclusion for phone orders
2.3.1 The same applies here: The presentation of goods in our online shop doesn’t represent a binding offer to the customer but merely is an online sales prospectus.
2.3.2 The phone order by the customer represents a binding offer of the customer towards focusvape(dot)uk to conclude a sales contract for the ordered goods.
2.3.3 A sales contract is concluded when focusvape(dot)uk accepts the customer’s order. This doesn’t occur with the registering of the order by the customer service representative of focusvape(dot)uk on the phone as they are merely act on behalf of focusvape(dot)uk and can’t make any binding contractual declarations. The acceptance of an order is made within a maximum of two working days by confirming the dispatch to the customer (shipment confirmation) or delivery of the goods to the customer. In regards to ordered goods that result from the same order which are not listed in the delivery confirmation no sales contract is concluded; the same applies to goods not contained in the delivery as far as no dispatch confirmation was sent prior and the sales contract for this reason is concluded with the customer when goods are delivered. In case of collection by the customer (5.1) the customer will receive a special notification via email or phone that the ordered goods are ready for pick up. The sales contract is concluded with the mailing of this email or by notice on the phone. For ordered goods from the same order that are not listed in the email or not mentioned via the phone no contract will be concluded. In case the goods are not picked up within a week after receipt of the message that goods are ready for pick up focusvape(dot)uk is entitled to rescind from the contract. As far as focusvape(dot)uk make use of its right of withdrawal then focusvape(dot)uk will promptly inform the customer of this via email or in writing; in addition to this any payments the customer may have made will be returned promptly.
2.3.4 As far as focusvape(dot)uk rejects the customer’s order then they will promptly inform the customer of this.
2.4. Contractual language and storage of contract content
2.4.1 The contract conclusion can presently only be provided in German.
2.4.2 You are able to print off the order data in the scope of the order in our online shop and store in the respective HTML pages. When placing orders in our online shop or by phone we will send you the order details and our Terms and Conditions with the order confirmation or delivery confirmation tot he provided email and will store the sent email including the attachments. You are able to view the General Terms and Conditions at any time. Further contractual content is not stored by us.
3. Right of Revocation for consumers, agreement on taxation of costs
If the user is a consumer then the following right of revocation applies. A user is a consumer if the transaction (e.g. ordered goods in the shopping basket) is concluded for a purpose which is not linked to a commercial or freelance activity (cf. § 13 BGB, German Civil Code).
3.1 Revocation instruction
Right of revocation
You have the right to withdraw from this contract within 30 days without stating any reason. The withdrawal period is 30 days from the day that you or a designated third party, who is not a carrier, has taken possession of the final goods.
In order to exercise your right of revocation you must inform us (focusvape(dot)uk / Guido Wagner, Gayerstr. 45, 99867, Gotha, info(at)focusvape(dot)uk, +49 (0) 3621 3398 475) by a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. For this you can use the enclosed revocation form but this is not a legal requirement.
In order to comply with the revocation period it is sufficient to send the notification of your intention of using your revocation right before expiration of this right.
Consequences of revocation
If you revoke from this contract we are obliged to promptly return to you all payments that we have received including the delivery costs (with the exception of additional costs that arise that you requested another type of delivery that cost more than the cheaper offered standard delivery and no later than 30 days from the time the notification of revocation was received by us. For repayment we will use the same payment method that was used for the original transaction unless something else was expressly agreed; in no case are any charges calculated for the repayment. We are permitted to withhold payment until we have received the goods back or you have provided proof that the goods have been sent back, depending on which is the earlier date.
You are obliged to immediately send back or hand over the goods, latest within 30 days from the day that you informed us of the revocation of the contract. The term is met if the goods are sent back before the term of 30 days. You cover the costs for returning the goods. You are only obliged to assume responsibility for any loss in value if after an inspection the loss of value in respect to condition, characteristic and functionality of the goods is down to the not proper handling of the goods.
5.1 The delivery is undertaken from the warehouse to the delivery address provided by the customer or is picked up by the customer in one of our shops (collection by the customer). In case of shipment delivery to the customer the following 5.2 to 5.5 apply.
5.2 As far as focusvape(dot)uk accepts the customer’s order then the delivery of the goods is undertaken promptly after receipt of the order.
5.3 Delivery with advance payment: Orders placed with advance payment are only dispatched after full payment has been received by focusvape(dot)uk. In such a case for advance payment orders focusvape(dot)de will not undertake a reservation of the ordered goods until receipt of the customer’s payment. Should this result in a delay of the delivery being sent out, e.g. ordered goods are sold out and must be reordered, then focusvape(dot)de will promptly inform the customer of the circumstances.
5.4 Should focusvape(dot)uk without own fault not be able to deliver the ordered goods due to the supply of focusvape(dot)uk not being able to meet their contractual obligations then focusvape(dot)uk is entitled to withdraw from the contract. This revocation right however only exists if focusvape(dot)uk has concluded as hedging transaction with the supplier (binding, prompt and sufficient order of goods) and the non-delivery of the goods has no other legal reason is within the responsibility of focusvape(dot)uk. In case of such a withdrawal the customer is promptly informed that the ordered product is not available.
Any already rendered consideration is promptly reimbursed to the customer.
5.5 Should focusvape(dot)uk or its delivery agent not be able to fulfill its delivery obligations due to unforeseen events and based on the circumstances despite applying great care not be able to avert disruptions such as force majeure, war, natural catastrophes then the delivery time will be extended for the duration of the impediment plus a reasonable start-up period. focusvape(dot)uk will promptly inform the customer of such circumstances. This doesn’t affect the statutory claims a customer might have.
6. Transport damages
6.1 As far as the delivery is made to the delivery address provided by the customer focusvape(dot)uk will task a delivery company (e.g. DHL) to carry it out. The risk of the goods being lost or damaged during transport in accordance with laws focusvape(dot)uk is liable for in relation to the customer as long as the customer is not in default in acceptance.
6.2 In order for focusvape(dot)uk to be able to make possible claims against the transport company for transport damage it is necessary that visible transport damages are made aware to the delivery agent at the time of the delivery. For transport damage that can’t be visibly seen it necessary for the customer to make notice of this within 7 days of goods being delivered or else it is assumed to the detriment of focusvape(dot)uk that the goods were already damaged at the time of the delivery. For this reason focusvape(dot)uk is reliant on your support. Visible recognizable transport damages: Generally you have no obligation to open the package on delivery and examine whether there is any transport damage. Should however transport damage be reasonably probable, e.g. because the package is visibly damages from the outside, pressed together, ripped open or perishable goods make a noise when shaken. You can open the package in the presence of the delivery agent and check if goods are damaged. This inspection obligation however is restricted to the inspection of the goods for no other recognizable transport damage, e.g. whether the goods are broken or deformed or whether goods in the package rattle when shaken. If during this inspection transport damage is found then make the delivery agent aware of this and get it confirmed by them. The delivery agent is obliged to do this. In this case please– as far as possible – leave it in the original packaging and don’t use it.
Please immediately inform us by calling +49 (0)3621/7549476 or sending an email to info(at)focusvape(dot)uk to tell us of the damage so we are able to take the necessary action.
Transport damage which is not detectable:
In order for us to be able to exercise our rights against the transport company we would ask you to unpack the delivered goods within four days of receipt. Should you notice during unpacking that the delivered goods are damaged then please – as far as possible – leave it in the original packaging and don’t use it. Please immediately inform us by calling +49 (0)3621/7549476 or sending an email to info(at)focusvape(dot)uk to tell us of the damage so we are able to take the necessary action.
Your warranty claims in respect to possible transport damages of course remain unaffected by the above provisions.
7. Retention of Title
The delivered goods remain in the ownership of focusvape(dot)uk until receipt of full payment.
8.1 All images that are used by focusvape(dot)uk for online goods presentation are merely examples. In no case are they a lifelike presentation of the respective article but only serve as an illustration. Particularly in respect to colors there can be deviations due to the various illustrations on different screens. The description of the article is paramount consideration.
8.2 No warranty is assumed for damage that was caused by improper or inappropriate use, wrong initial operation or assembly, negligent or wrong use, non-compliance with maintenance and operation instructions or alterations undertaken by the customer or third party.
8.3 Warranty for merchants: If the customer is a merchant in terms of § 14 BGB (German Civil Code) following continues to apply for warranty claims of customers (merchant is a natural or legal entity or legally responsible partnership who concludes an order to conduct their commercial or self-employed activity):
8.3.1 As far as focusvape(dot)uk has to perform due to a defect a supplementary performance then choice how the supplementary performance is done, whether that might be through rectification or replacement with a defect-free item is at the discretion of focusvape(dot)uk
8.3.2 Apparent defects must be immediately reported to focusvape(dot)uk, latest in writing within 14 calendar days after delivery when gaining knowledge of the circumstances.
If the notice of defect is not made within the prescribed time the customer‘s warranty rights relating to the defect which has not given notice of properly are excluded. This however doesn’t apply as far as focusvape(dot)uk fraudulently concealed it and/or provided a respective guarantee.
8.3.3 Customer’s warranty claims lapse within one year after the delivery of the goods to the customer.
9.1 focusvape(dot)uk shall be liable without limit according to statutory provisions for damages suffered by the contractual partner which was caused by intentional or gross negligent behavior of focusvape(dot)uk or their vicarious agents as well as for personal injuries and damages in accordance with the Product Liability Law.
9.2 Apart from that the liability of focusvape(dot)uk for damage claims – regardless of the legal ground – is in accordance with the following provisions restricted as far as focusvape(dot)uk has not assumed any form of guarantee:
• For damage caused by slight negligence focusvape(dot)uk assumes liability limited to typically foreseeable damage.
• For damage caused by slight negligence focusvape(dot)uk assumes liability for typically anticipated damage, which is restricted to a maximum of 5% of the affected contract agreed total price.
9.3 The provision of the above paragraph also apply respectively for the restriction of the obligation to compensate for wasted expenses (§ 284 BGB – German Civil Code).
9.4 The above mentioned liability restriction also apply for the benefit of focusvape(dot)uk vicarious agents.
10. Sale of vaporizers
The offered vaporizers on this website are designated for export. It has so far not been possible to clearly determine scientifically the positive or negative impact of vaporizer on health (despite some scientific studies pointing to the positive effects of vaporization when contrasted with burning). It cannot be claimed there is a general health-promoting effect of vaporizers. Next to other use options (aromatherapy, aromatization and improvement of ambient air quality) there are also the apparent and established findings in respect to the advantages of vaporization when contrasted with burning. The vaporizers offered on this website are therefore suitable for aromatherapy application.
11. Customer’s inspection obligations
Despite all diligence that focusvape(dot)uk exercises with processing orders and delivery to customers it still can happen that in certain instances some deliveries may be made wrong.
The warranty claims of the customer are not affected by the above mentioned provisions.
12. Data Protection
The required data from the customer for business processing are stored and within the scope of the order processing possibly passed on to service providers, e.g. the delivery company. Of course all data is treated strictly confidential and the legitimate interests of the customer are considered in accordance with the statutory provisions.
13. Applicable law and jurisdiction
13.1 Only German law is applicable under exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the customer has their residence or headquarters abroad.
13.2 For all current and future entitlement resulting from business relationships with merchants, legal entities governed by public law or special fund under public law the headquarters of focusvape(dot)uk is exclusive place of jurisdiction. The same place of jurisdiction applies in case if the customer doesn’t have a general jurisdiction domestically, changes their place of residence or habitual residence from the national territory or the residence or habitual residence is not known at the time of filing of actions.