Table of contents

1. Area of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Limitation of Liability
8. Liability for defects (warranty)
9. Redeeming promotional vouchers
10. Barekick Premium Shipping Insurance
11. Applicable Law
12. Alternative dispute resolution

1) Area of application
1.1 These general terms and conditions (hereinafter "GTC") of the website operator "Adplace Limited, 50 Stanley Street, Central, Hong Kong" (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the seller with regard to the terms and conditions entered into by the seller goods presented in its online shop. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also make the offer to the seller by telephone or email.

2.3 The seller can accept the customer's offer within ten days, by sending the customer a shipping confirmation in text form (fax or email), whereby the receipt of the shipping confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing their order.

 

2.4 If you select the payment method “PayPal Express”, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer selects “PayPal Express” as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking on the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 Only the English language is available for concluding the contract.

2.8 Once the order has been submitted, cancellation is no longer possible. The statutory right of withdrawal according to our  return policy.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this addressnnen. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.10 When ordering tobacco products, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is allowed to receive the goods.

3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal in accordance with United States laws.

3.2 Products that come with a 30-day money-back guarantee can be refunded for no reason within 30 days from the time of purchase. The right of withdrawal remains unaffected.

You have the right to withdraw this contract within 30 days without giving any reason. The withdrawal period is 30 days from completion of the order. You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your withdrawal of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

3.3 Further information on the right of withdrawal can be found in the seller's refund policy.

3.5 If the withdrawal is explained too late and the return arrives late at the returns warehouse, the return can be destroyed free of charge or sent back to the customer for a shipping fee (depending on the weight and size of the package).

3.6 The shipping costs incurred when registering a return are not borne by us and must be paid by the customer. All products are shipped to the customer free of charge, which is why we cannot cover additional return shipping costs.

3.7 The goods that the customer has registered for withdrawal must be returned to us complete and in new condition. You must pay for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods. Used or damaged goods are excluded from revocation.

3.8 A revocation and warranty service is excluded for products that are due to improper use of the products, wear or tear through use. These are not covered by our right of withdrawal or warranty services and cannot be complained about as such by the customer.

4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices. The customer is responsible for any additional fees incurred. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 In individual cases, deliveries may incur additional costs for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 It is your responsibility to read the full product list before purchasing a product. By confirming your purchase, you agree to pay all applicable fees, taxes, shipping charges and other amounts associated with your purchase. Additionally, you acknowledge that you are responsible for sales tax, VAT and customs duties, as applicable. You agree that you will act as importer of the purchased products, if applicable, and you hereby authorize us to appoint a freight forwarder to act as your direct agent and to pay sales tax, VAT and customs duties on your behalf. Please note that sales tax, VAT, customs duties and similar charges levied at the time of purchase are estimates and are subject to change depending on applicable law. If additional amounts are charged, you will be responsible for them. We will not be liable if customs clearance of a product is delayed or refused because of your failure to do so Have not paid amounts. If a purchase is made pursuant to a shipping agreement, risk of loss and title for the Product pass to you upon delivery of the Product to the carrier.

4.5 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.6 When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.

5) Delivery and shipping conditions
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. If the delivery address provided turns out to be incorrect and the shipment cannot therefore be delivered, the service is still considered to have been provided and the customer bears the costs (depending on the weight and size of the package) for unsuccessful shipping.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered. If the goods are returned, the customer undertakes to pay the transport and delivery costs depending on the weight and size of the package.

5.3 Self-collection is not possible for logistical reasons.

5.4 The delivery time can be found in our shipping policy. Delivery times are estimated and may vary due to external factors (corona pandemic). In most cases, the order reaches the customer after 5-10 working days. In certain cases the delivery time may take 45 days. All orders are sent directly to the customer by our international business partners. Any customs fees incurred must be borne by customers.

5.5 The shipping costs incurred when registering a return are not borne by us and must be paid by the customer. All products are shipped to the customer free of charge, which is why we cannot bear the return shipping costs.

5.6 If delivery to the customer is not possible, the goods will be stored in our warehouse for 3 days and can be delivered to the customer free of charge. If we do not receive a response confirming the address despite a request, the customer must bear the resulting storage and shipping costs depending on the weight and size of the package.

5.7 Delivery in the United States is free of charge. Delivery costs may apply for deliveries to other countries. These are shown to the customer during the ordering process. By submitting the order, the customer agrees to the delivery costs.

6) Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Limitation of Liability
The seller's liability for all operational activities is limited to a sum of $1000.

8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

8.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, shortening the limitation period to one year does not apply

for items that were used for a building in accordance with their normal use and caused its defects,
for claims for damages and reimbursement of expenses by the customer, as well
in the event that the seller has fraudulently concealed the defect.
8.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8.4 Defects in the goods that are due to improper use of the products, wear or tear due to use. are not covered by our liability for defects and cannot be claimed as defects by the customer.

9) Discount code redemption
9.1 Discount codes that are issued free of charge by the seller as part of promotions with a specific period of validityd which cannot be purchased by the customer can only be redeemed in the seller's online shop and only within the specified period.

9.2 Discount codes can only be redeemed by consumers.

9.3 Individual products may be excluded from the discount if a corresponding restriction results from the content of the discount code.

9.4 Discount codes can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.5 Only one discount code can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the discount code. Any remaining balance will not be refunded by the seller.

9.7 If the value of the discount code is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

9.8 The balance of a discount code will neither be paid out in cash nor interest.

9.9 The discount code will not be refunded if the customer returns the goods paid for in whole or in part with the discount code within the scope of his statutory right of withdrawal.

9.10 The discount code is only intended for use by the person named on it. A transfer of the discount code to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective discount code holder.

10) BAREKICK PREMIUM SHIPPING INSURANCE

10.1 Barekick Premium insurance insures the customer's delivery against damage during shipping and delivery. To claim this, the customer must send proof of the damage as a photo or video to our customer service within our 30-day guarantee from the order date, at the latest 14 days after delivery.

10.2 The premium insurance is automatically added to the shopping cart, but can be removed by the customer. he shouldn't want this.

10.3 The premium insurance does not apply in the cases mentioned in paragraph 5, or in cases in which the shipment was delivered with proof of delivery (signature of the customer or an authorized third party, parcel shop, or by drop-off permit).

10.4 In the event of withdrawal, the shipping insurance will not be reimbursed.

 

11) Applicable Law

The law of the United States applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odrThis platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.