Terms of Service
This website is owned and operated by modern-vaping.com (referred to in these terms and conditions as, we or us).
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
For contracts for the delivery of products that we have shown elsewhere, e.g. These terms and conditions apply accordingly in a price list or printed catalog, unless expressly stipulated otherwise.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with us.
The presentation of the products in the online shop or product catalog is not a legally binding offer, but a non-binding catalog. You can submit our products initially without obligation in the shopping cart and correct your input before submitting your binding order at any time, by providing this in the order process and use explained proofing tools. By clicking on the order button you place a binding order of the goods contained in the shopping cart. Confirmation of receipt of your order will be made by e-mail immediately after sending the order. Furthermore, the customer can also order by e-mail, by post or by phone.
When the contract is concluded with us, depends on the payment method you have chosen:
Cash on Delivery, Invoice, SEPA Direct Debit, Paymorrow Invoice Purchase
We accept your order by sending a declaration of acceptance in separate e-mail or by delivery of the goods within two days.
Payment in advance
We accept your order by sending a declaration of acceptance in separate e-mail within two days, in which we give you our bank details.
By submitting the order, you also transmit your credit card information to us at the same time. After your legitimacy as a legitimate cardholder, we will ask your credit card company to initiate the payment transaction and thereby accept your offer.
PayPal, PayPal Express
In the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
As part of the payment service PayPal Plus we offer various payment methods as PayPal services. After placing the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. This is the contract with us.
After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment order. This is the contract with us.
3. Contract language, contract text storage
The language available for the contract is German.
We save the contract text and send you the order data and our terms and conditions by e-mail. The text of the contract is no longer accessible via the Internet for security reasons.
4. Terms of delivery
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
We only deliver in transit. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
Our services are exclusively based on these terms and conditions. Conflicting conditions of the customer are only binding for us if and insofar as we have expressly acknowledged them in writing. Our terms and conditions shall also apply if we carry out the delivery to the customer unconditionally in the knowledge of conflicting or deviating conditions of the customer.
In our shop you can basically use the following payment methods:
Payment in advance
When selecting the payment method in advance, we call our bank details in separate e-mail and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There are no additional costs for this.
By submitting the order, you also transmit your credit card information to us at the same time.
After your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.
SEPA Direct Debit
By submitting the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called Prenotification). By submitting the SEPA direct debit mandate we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited.
The account will be charged before the goods are shipped.
The deadline for the advance notice of the date of the account debit (so-called Prenotification period) is 1 day.
PayPal, PayPal Express
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You’ll get more information during the ordering process.
As part of the payment service PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal.
If you have chosen the payment method PayPal, you have to be able to pay the invoice amount to be registered there or register first and legitimize with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. You’ll get more information during the ordering process.
If you have chosen the payment method credit card, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal and your card will be charged immediately upon confirmation of the payment order and after your legitimacy as the legitimate cardholder. You’ll get more information during the ordering process.
If you have selected the method of payment direct debit, you do not have to be registered with PayPal in order to pay the invoice amount. By confirming the payment order you give PayPal a direct debit mandate. About the date of the account you will be informed by PayPal (so-called Prenotification). Upon submitting the direct debit mandate immediately after confirming the payment order, PayPal will ask its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged. You’ll get more information during the ordering process.
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To be able to pay the invoice amount immediately, you must have an online banking account with PIN / TAN procedure activated to participate in Sofort, have yourself authorized and confirm the payment order to us. You’ll get more information during the ordering process. The payment transaction will be immediately executed immediately and your account debited.
Purchase on account via Paymorrow
To pay the invoice amount via the online provider Paymorrow, you do not need to be registered there. After successful address and credit check after placing the order, we transfer our claim to Paymorrow. In this case you can only pay to Paymorrow with debt-discharging effect. For the payment via Paymorrow apply – in addition to our terms and conditions – the terms and conditions of Paymorrow. Further information about Paymorrow can be found here: https://paymorrow.de/produkte/rechnungskauf.
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
For entrepreneurs, the following applies in addition: Payments must always be made in accordance with § 366 (2) EGE. We are entitled to assign the claims from our business relationship.
6. Retention of title
The goods remain our property until full payment of all outstanding and future claims.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims arising from this resale shall be assigned to us in advance – irrespective of any combination or mixing of the goods subject to retention of title with a new item – and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims yourself, as long as you do not meet your payment obligations. In the case of this invoice, this conditional commodity serves to secure our balance claim, which also covers any recourse claims, in particular from any check or irregular liability. The entrepreneur is entitled to process or process the goods subject to retention of title in the course of his normal business operations. By any processing, processing or transformation of the reserved goods, the entrepreneur does not acquire any property, as he does this for us, but without obligation to us. In the case of processing, transformation, combination, mixing and / or mixing of the reserved goods with other goods not belonging to us by the entrepreneur, the co-ownership of the manufactured goods is proportional to the invoice value of the processed reserved goods to the sum of the values of all other used in the production Goods too. If the entrepreneur acquires full ownership of the new property, the contractor and we agree that the entrepreneur co-owns the new property in proportion to the invoice value of the processed or combined, mixed or blended goods to the values of the goods otherwise used Grant thing. The entrepreneur stores the resulting full or co-ownership for us free of charge.
If the entrepreneur defaults on payment, we are entitled to revoke the direct debit authorization and / or to demand the surrender of the reserved goods, without the entrepreneur being entitled to a right of retention against this right of surrender, whereby the counterclaim is not based on the same contractual relationship. and without us thereby withdrawing from the contract. In the case of revocation of the direct debit authorization, we are entitled to inform the third party debtor of the assignment and to demand payment from us, the entrepreneur is obliged to provide the information necessary for asserting our rights without delay and to provide the necessary delivery and invoice documents in Hand over a copy to us. If the value of the collateral for us exceeds the claims not only temporarily by a total of more than 20%, we release at the request of the entrepreneur collateral in the appropriate amount of our choice. “
To enforce the retention of title, a withdrawal from the contract is not required, unless the customer is a consumer.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
For entrepreneurs applies:
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have delivered the item to the shipper, the carrier or the person or institution otherwise responsible for carrying out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. If you refrain from doing so, the goods are deemed to have been approved unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless explicitly agreed otherwise below, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, the only agreement that applies to the condition of the goods is our own details and the manufacturer’s product descriptions which were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (rectification) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
in violation of life, body or health
in case of intentional or grossly negligent breach of duty as well as malice
in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, as far as agreed
as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 10:00 to 17:00 clock under the e-mail at email@example.com.
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
with guarantee promise, as far as agreed, or
as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops quality criteria
11. Dispute resolution
The European Commission provides an online dispute resolution (OS) platform, available here https://ec.europa.eu/consumers/odr/.
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
12. Protection of minors
If your order includes goods the sale of which is subject to age restrictions, we will ensure that the customer has attained the required minimum age by using a reliable procedure that incorporates a personal identity and age check. The deliverer delivers the goods only after the age check and only to the customer personally.
13. Sale of vaporizers / evaporators
The vaporizers / vaporizers offered on this website are for export. The positive or negative effects of vaporizers on health have not yet been scientifically proven (although some scientific studies indicate the positive effects of evaporation on combustion). A general health-promoting effect of vaporizers / evaporators is not claimed. It is in addition to other uses (aromatherapy, aromatization and indoor air improvement) pointed to the obvious and considered valid existing previous findings regarding the benefits of evaporation as such against combustion. The vaporizers / vaporizers offered on this website are therefore intended for aromatherapy use.
14. Use of discount codes and vouchers
We offer various discount codes and vouchers on our website. The customer can decide which code or voucher to use for his order. Basically, however, only recognition, offsetting or reduction with one single discount code / voucher per order is possible. The simultaneous use of several codes and / or vouchers is not permitted.
15. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business; this applies in particular to proceedings connected with this contract and its conclusion. Place of fulfillment is the seat of our company.