General Terms and Conditions & Right of Withdrawal

The following General Terms and Conditions also contain legal information on your rights in accordance with the regulations on distance contracts and electronic commerce.

1. Scope of Application

2. Offers and Service Descriptions

3. Order Process and Conclusion of Contract

4. Prices and Shipping Costs

5. Delivery, Product Availability

6. Payment Modalities

7. Retention of Title

8. Warranty for Material Defects and Guarantee

9. Liability

10. Storage of the Contract Text

11. Data Protection

12. Place of Jurisdiction, Applicable Law, Contract Language

13. Right of Withdrawal Instruction

For the business relationship between:

4-Shisha GmbH

Owner: Khaled Mustapha

Alte Bottroper Straße 76

45356 Essen

Germany

hereinafter referred to as the seller

and third parties (consumers / merchants), the following General Terms and Conditions shall apply exclusively in their version valid at the time of the order.

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).

A merchant (m/f/persons) is, according to § 1 (1) HGB, anyone who operates a commercial business. A commercial business is, according to § 1 (2) HGB, any business operation, unless the company does not require a commercially organized business operation due to its nature or scope.

Hereinafter, consumers and merchants will be referred to as "customers". If a distinction or reference to different customers, i.e., consumers or merchants, is necessary, this will be indicated accordingly.

Deviating terms and conditions of the customer are not recognized, unless the seller expressly agrees to their validity. Unilateral and bilateral commercial transactions are concluded or accepted exclusively on the basis of the General Terms and Conditions described here.

The presentation of products in the online shop "mig-shisha.de" and "mig-shisha.com" does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.

All offers are valid "while stocks last," unless otherwise noted for the products. Furthermore, errors in the offer description are reserved!

The use or "entering" / viewing of the online offer is reserved for persons who have reached the age of 18 and are therefore considered "adults" under German law. To enter the online offer, the customer must therefore confirm twice that they belong to the age group by clicking (Yes/No) to the question: "Are you 18 years or older?" and subsequently by entering their date of birth. It is pointed out that incorrect clicking and entering an incorrect date of birth constitutes falsification of documents and is a premeditated criminal offense. The provider of the online offer expressly reserves all legal and criminal steps against unauthorized use of the online offer! Any recognizable infringement will be prosecuted. The customer can non-bindingly select products from the seller's assortment and collect them in a so-called shopping cart via the [add to cart] button. Subsequently, the customer can proceed to complete the order process within the shopping cart via the [Proceed to Checkout] button. Unregistered "new customers" must first register by entering their data. Here, the re-entry of the date of birth is required.

By clicking the [Order with obligation to pay] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).

The seller will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded upon shipment of the ordered goods and invoicing, as well as through personal handover/pickup to/by the customer or by sending a second e-mail with an explicit order confirmation or sending the invoice. If the seller allows advance payment, the contract is concluded with the provision of bank details and payment request. If payment, despite being due, is not received by the seller within 10 calendar days after sending the order confirmation, even after a renewed request, the seller withdraws from the contract, with the consequence that the order becomes void and the seller is not obliged to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the item for advance payment is therefore made for a maximum of 10 calendar days.

All prices stated on the seller's website for consumers include the applicable statutory value-added tax. Merchants who have registered and verified themselves for the online offer see their wholesale conditions net exclusive of VAT for the same offer.

In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process. In addition to the stated prices, the seller charges an amount of €1.50 gross for age verification at the customer's premises by the respective shipping service provider, currently DHL. All goods shipped from the seller's online offer are subject to age verification by the seller and visual age verification by the shipping service provider. This represents a necessary measure to comply with the Youth Protection Act in its current version according to § 10 para. 3. This indicates that it must be ensured that when shipping tobacco products and electronic shishas, no delivery/handover to underage persons occurs.

https://www.gesetze-im-internet.de/juschg/BJNR273000002.html

The seller's business is fully oriented towards smoking articles and tobacco products. In this respect, all smoking accessories are also offered. The seller therefore considers it his duty to evaluate all offered articles equally and therefore to sell or offer them only to persons over 18 years of age. Therefore, age verification is carried out by the shipping service provider for all shipped goods. The customer must credibly prove their age to the shipping service provider upon request. In cases of justified doubt, the shipping service provider is obliged not to hand over the goods. In the same context, no delivery to "neighbors" takes place, as direct age verification cannot be carried out in this way. To ensure that every shipment is checked by the shipping service provider, the seller explicitly orders age verification when commissioning and marks it separately on the parcel label. Age verification is always carried out not only for consumers but also for merchants. Merchants must ensure that no minors can accept the goods in the business when accepting them.

If advance payment has been agreed, delivery will take place after receipt of the invoice amount. Should not all ordered products be in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the customer. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately, less the incurred delivery costs.

If the ordered product is not available because the seller is not supplied with this product by his supplier without any fault on his part, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any services already rendered to the customer.

Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.

Refusal of acceptance / Non-collection of shipments
If the customer refuses to accept a duly shipped consignment or fails to collect a consignment made available for collection within the period specified by the respective shipping service provider, so that the goods are returned to the seller, the customer shall bear the resulting return costs. This applies regardless of whether it is a national or international shipment and regardless of the shipping service provider commissioned. Amounts already paid will be refunded after the goods have been returned, less the incurred outbound and return shipping costs. This does not apply if acceptance or collection was impossible or unreasonable due to an event of force majeure.

The customer can choose from the available payment methods within and before completing the ordering process. Customers are informed about the available payment methods on a separate information page. If payment by invoice is possible, payment must be made within 7 working days after receipt of the goods and the invoice without deduction. For all other payment methods, payment must be made in advance without deduction. Discounts and other deductions are not accepted unless explicitly stated on the invoice.

If third-party providers are commissioned with payment processing, e.g., Paypal, their General Terms and Conditions apply to the respective bookings / payment processing. If the due date of a payment is exceeded or a transaction is reversed or not executed, the customer is automatically in default from that day and owes the seller statutory default interest. The customer's obligation to pay default interest does not exclude the assertion of further damages caused by default by the seller.

Until full payment, the delivered goods remain the property of the seller and must be surrendered upon request.

The warranty is determined by statutory provisions. See also:

https://www.justiz.nrw.de/BS/Verbraucherschutz/Gewaehrleistungsrechte/index.php

A guarantee for goods supplied by the seller only exists if it has been expressly given. Customers are informed about any guarantee conditions before initiating the ordering process.

Please note that our DLC (Diamond-Like Carbon) coated hookahs may have some invisible areas on the inside that are not fully coated during the coating process. This is due to the necessity of suspending the parts freely to ensure a uniform and high-quality coating in the visible area of the hookah. However, these areas, which are invisible to the end user, do not constitute a production defect and do not affect the quality or functionality of the product.

In the case of defects in glass products or product components made of glass (especially glass bowls), the presumption of defectiveness of the item at the time of transfer of risk according to § 477 BGB does not apply due to the special material properties and the various causes that a glass crack or glass breakage can have. We therefore recommend adding the "MIG PROTECT" option (one-time price €20.00), a one-year replacement guarantee for the glass bowl included in the scope of delivery. A warranty claim only exists in the event of glass breakage. The replacement guarantee can only be claimed by the buyer once for the glass bowl included in the original scope of delivery and only within one year after receipt of the goods. A renewed replacement of the replacement bowl is not covered by the replacement guarantee. Our glass bowls are handcrafted; each piece is unique. Minor air inclusions (bubbles) and slight fluctuations in the exact dimensions do not constitute a defect, but are proof of handmade production. Damage to products resulting from improper handling by the customer does not constitute a defect. Products or product components that are damaged by improper handling (e.g., cleaning with an unsuitable cleaning agent, exposure of glass bowls to heat and cold) are excluded from warranty and guarantee in this respect. For cleaning our hookahs and accessory products, we recommend using pure water or our special "MIG CLEANR" cleaning kit. Age- and use-related wear and tear does not constitute a defect. Material-typical properties, such as the discoloration of oxidizing brass, also do not constitute a defect.