General Terms and Conditions of BusinessInhalt drucken
1. Purchase orders and acceptance of orders
By placing an order with DAN PIPE Dr. Behrens KG - hereinafter referred to as DAN PIPE - you expressly declare that, under the regulations of your country, you have unlimited competence and / or are a legal person of full age and capacity, and that you have stated your true date of birth. You further declare that the order you have placed with us does not have a commercial background.
All the data that you send us as customer will be treated in confidence and not disclosed to third parties and we will never sell email addresses to third parties.
By ordering from our online shop you are placing a binding offer to buy goods from DAN PIPE. We will validate this offer by sending you confirmation by email, together with all the details you have provided. Binding acceptance of your offer to buy will be effected either within 5 working days of receipt of your offer by us sending you an express confirmation of order or by us sending you the ordered goods within the same period (delay of delivery by DHL, especially if due to force majeure, must be taken into account). If advance payment has been agreed, payment must be made within 7 calendar days of receipt of the advance invoice. If this period expires without payment having been effected, the purchase order will be deemed to have been rejected and no contract of sale will have been concluded.
Please note section 6 "Additional terms and conditions for orders placed from the European Economic Area and other foreign countries".
2. Availability of goods and customer checks
DAN PIPE reserves the right to carry out manual checks to verify that the details submitted in offers to buy are correct, and to send a credit check enquiry to Creditreform. If, on conclusion of the contract, DAN PIPE discovers that the customer has submitted incorrect information or that the customer has a negative credit score, DAN PIPE reserves the right to withdraw from the contract even after having issued a confirmation of order.
If, after an offer to buy has been placed, the goods ordered are no longer available or cannot be delivered for legal reasons, DAN PIPE may either offer the customer goods that are equivalent in quality and price or withdraw from the contact. After withdrawing from the contract DAN PIPE will immediately refund any payment already made.
As a rule, however, DAN PIPE will notify you of any existing factual or legal problems associated with your order before conclusion of the contract and offer a solution wherever possible.
All prices include statutory German value-added tax and the invoice is issued in euros.
Prices are subject to change without notice. In the case of tobacco products we are required by law to charge the prices shown on the revenue stamp. Consequently any price changes implemented by the manufacturers / importers will take immediate effect without notice. We will notify you before execution of the order if the price increases exceed 10 %.
If you purchase cigars in sealed boxes we will apply a discount of 3 % ("sealed-box discount") in accordance with German tobacco products duty act [TabStG] article 27 section 1.
Provided that the order is marked as a "collective order", we will offer collective buyers 5 % commission on orders of EUR 130.00 and more in recognition of their efforts in collecting the orders and later distributing the goods. The German tobacco products duty act bans discounts on any tobacco products and consequently commission does not apply to such products. Furthermore we are unable to offer collective buyers commission payments on special offers, repairs, audio/video media, books and spirits or if payments are made by credit card.
The descriptions of the goods we offer have been compiled from information provided by the manufacturers. The goods are subject to technical changes by the manufacturers without notice.
All goods are dispatched exclusively as Premium Parcels via DHL.
Initial orders are subject to advance payment, cash on delivery or credit card payment.
Once you have placed your order with us, we will send you a payment form with our bank details that you can use to transfer payment to us in advance. Your goods will be dispatched when we have received payment.
If goods are ordered on the basis of cash on delivery (this only applies within Germany) the current COD fee of EUR 2.00 is not included in the invoiced amount, but is charged by the carrier on delivery.
Payments by credit card - MASTERCARD / EUROCARD and VISA only - are processed directly with the aid of an e-commerce payment system operated by CardProcess, a company owned by Volks- und Raiffeisenbanken. If an order is placed on the basis of a credit card payment, the order total will only be reserved initially; your credit card will not be charged until the order has been checked. If the invoiced amount is reduced after your credit card has been charged, the amount in question will be refunded to you without delay.
If you are already a DAN PIPE customer, you will have the option of paying within 10 days once you have received the goods and the accompanying invoice.
If you are paying by advance bank transfer and also on account, please quote your customer reference number and purchase order or invoice number, otherwise we cannot ensure that your payment will be matched to your order.
DAN PIPE reserves the right to dispatch goods only subject to cash on or before delivery.
4. Reservation of title
DAN PIPE reserves ownership of the delivered goods until your payment has been received. The risk passes to you as customer when you accept the consignment. The place of performance is Lauenburg / Elbe.
5. Delivery costs
The minimum order value for purchase orders with a delivery address within Germany is EUR 30.00. Delivery is free for order values of EUR 120.00 or more. Purchase orders for goods valued between EUR 60.00 and EUR 119.99 are subject to an additional delivery charge contribution of EUR 2.00. If the order value between EUR 30.00 and EUR 59,99 we will subject an additional delivery charge contribution of EUR 4.00. We will notify you if items are not available for delivery.
6. Additional terms and conditions for orders placed from the European Economic Area and other foreign countries
Goods are only dispatched to delivery addresses outside Germany if they have been paid for in advance or by credit card. The minimum order value for deliveries outside Germany is EUR 60.00. You will be charged the full postage costs.
Please use the SEPA payment method for all bank transfers from the EU and Switzerland. This is the most convenient method for payments within the European Economic Area.
The customer is required to pay the full bank transfer fees incurred if bank transfers are made from countries outside the European Community and from EU countries that do not belong to the EU monetary union (eurozone). The appropriate payment method must be specified on your bank transfer form. We do not accept payments by cheque, even from eurozone countries.
For deliveries to countries outside Europe please note the import regulations of the country in question and notify us of any special aspects of these import regulations so that we can take these into account where possible.
The shipping of tobacco, cigars and spirits in particular may be subject to restrictions that would present legal obstacles to those goods being delivered to you, with the result that we would not be allowed to fulfil an order either in part or in full. The commercial shipment of tobacco products to Austria, for instance, is forbidden, as is any shipment of Cuban cigars or tobacco to the USA.
We are not liable for any additional costs incurred as a result of shipment, such as any type of import duty. All tobacco products are dispatched bearing the German tobacco revenue stamps. We reserve the right to make part deliveries for good reasons once we have notified you accordingly and have obtained your agreement.
If you are paying by credit card in our online shop, payment will initially be reserved against the card. If there is no obstacle to delivery, we will confirm that your credit card has been charged and the goods will be dispatched within the period specified for the articles in question.
If delivery is not possible for legal reasons or if the ordered items are not available for delivery, your credit card will not be charged or any amount already charged to the card will be immediately refunded.
Information about cancellation
As a consumer you are entitled to cancel this contract within 14 days, without stating your reasons for doing so.
The cancellation period is 14 days from the day on which you or a third party (other than the carrier) nominated by you took possession of the goods; in the event of part deliveries the period is calculated from the day on which you or the third party (other than the carrier) nominated by you took possession of the final part delivery.
To exercise this right of cancellation you are required to cancel this contract by sending us, DAN PIPE, Hafenstrasse 30, D-21481 Lauenburg / Elbe,
tel.: + 49 41 53 – 5 98 90, fax: + 49 41 53 – 59 89 69, email: firstname.lastname@example.org
a clear statement (e.g. by post, fax or email) informing us of your decision to cancel this contract. You can download a cancellation form from the download section of our online shop at www.danpipe.de. To comply with the cancellation period it is sufficient for you to send us the notice about exercising your cancellation right before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will be required to refund all payments we have received from you, including delivery costs (with the exception of additional costs arising if you have chosen a delivery method other than the lowest-cost standard delivery offered by us) without delay and at the latest within 14 days of the day on which we received your notification that you are cancelling the contract. Unless otherwise agreed with you, we will use the same payment method for the refund that you used for the original transaction; on no account will we charge you any fees for this refund. We are entitled to refuse to refund the payment until we have received the goods or until you have provided evidence of having returned the goods, whichever occurs sooner. You are required to send back or hand back the goods to us without delay and at the latest within 14 days of the date on which you notify us that you are cancelling the contract. The period has been complied with if you dispatch the goods before the end of the 14 days. You, as consumer, are required to bear the direct costs of returning the goods to us. You will only have to pay any loss in value of the goods if this loss in value is caused by you unnecessarily handling the goods to check their quality, properties and function.
The right of cancellation does not apply to contracts - for the delivery of goods that are not prefabricated and the manufacture of which is in line with the consumer's individual selection or instructions or that are clearly tailored to the customer's personal requirements; for the delivery of sealed goods that, for reasons of health protection or hygiene are not suitable to be returned if the seal on the goods was removed after delivery; this includes in particular tobacco products such as pipe tobacco and cigars / cigarillos if the seals and/or official revenue stamps have been damaged.
Unless otherwise expressly agreed, the statutory warranty regulations apply. They do not cover products manufactured specifically for the customer and briar blocks from our hobby range on which the customer has already worked. Briar blocks are a natural, non-cultivated product. We cannot accept liability for defects in the wood that become evident while working on the wood - in such cases the customers bears the same risk as any other pipe-maker. If the customer uses an adapter for smoking a pipe without a filter, this is at the customer's own risk and we cannot be held liable for any consequential damage.
Manufacturer's guarantee for pipes
Briar pipes are made from a natural, non-cultivated material that is relatively resistant to heat, but is still combustible, like all other types of wood. The use of a pipe is inevitably associated with the partial destruction of the material: the surface of the pipe bowl's interior wall is charred by the tobacco smouldering at temperatures of around 450 °C. Consequently the life of your pipe is primarily dependent on how carefully and patiently you break in your pipe. If complaints are raised within the period of guarantee, the manufacturers reserve the right to carry out a detailed check on the pipes about which the complaint has been made and, if appropriate, to repair or replace such pipes free of charge.
If you return goods after having exercised your right of cancellation, we would be very grateful if you could briefly outline your reasons for doing so, even though you are not required to state a reason. You, as consumer, are required to bear the direct costs of returning the goods to us. For returns within Germany there is the option of having the goods (parcelled up by you) collected by DHL. Please telephone one of our colleagues to arrange a date for collection.
We request that, if you are returning goods, you do not unilaterally deduct the value from the invoiced amount, but that you wait until you have received our amended invoice or our credit note.