General Business Terms & Conditions
These general terms and conditions are valid for all business between Original Kavatza UG (haftungsbeschränkt) and its customers, as in the published version, legally binding at the time & date the contract was entered into.
2. Contract Formation
Your order represents to us a proposal to begin of a sales contract. When you make an order at www.originalkavatza.com , we will send you an (Order Confirmation) E-mail, to confirm that we received your order and to list its contents. This order confirmation does not represent an acceptance of your order, it only serves as an information that your order has been received by us. A sales contract is only entered into when, we ship to you the products you ordered. This is accompanied with a second (Delivery Confirmation) E-mail. The sales contract only covers the products in the (Delivery Confirmation) email and not any that may not be available, in the (Order Confirmation) E-mail.
Please note that we only sell all our products in common household quantities. This refers to both the number of products in the content of a single order and to placing multiple orders of the same product, in which the single orders contain common household quantities.
Unless otherwise agreed, the warehouse of Original Kavatza UG (haftungsbeschränkt) will ship to the customer’s delivery address. Please note that all Information concerning availability, dispatch or delivery of a product are only anticipated data and represent approximate guidelines. They do not represent contractually binding agreements, with respect to; guaranteed dispatch times or delivery dates, unless indicated in the shipping options of each product and is expressly designated as a binding condition. Should we note during the processing of your order, that products ordered by you are not available, you will be informed via a separate E-mail. ASAP
If delivery to the orderers designated address is not possible, due to the orderer not be reachable at the delivery address provided by him or her, although he or she has been informed of the expected scheduled delivery date, within a reasonable period of time, the orderer will need bear the costs of unsuccessful delivery.
4. Due Date & Payments
The orderer may pay the purchase price in advance or any time after making the order.
Orders are automatically cancelled should there be no receipt of the owed money, into our bank account within 14 days from the date order has been placed.
5. Offsetting & Retention
The orderer has the right offsetting, only if his or her counter claims have been established as legally valid, or are undisputed by Original Kavatza UG (haftungsbeschränkt). Furthermore he or she is only authorised to exert the right to retention, insofar as his or her counter claim is based on the same contract.
All prices contain the respective sales tax.
7. Reservation of Ownership
The delivered goods will stay property of Original Kavatza UG (haftungsbeschränkt) until full payment has been received.
8. Liability for Defects
In case of defective goods the legal regulations apply and charges to the orderer are excluded.
If the supplementary remittance (under uniform commercial code) has resulted in compensation for the delivery, the orderer is obligated to send back the original delivery within 30 days at the expense of Original Kavatza UG (haftungsbeschränkt). The return of the defective goods has to be made within legal regulations. The Original Kavatza UG (haftungsbeschränkt) reserves the right to indemnity within legal regulations.
The statue of limitation is 2 years calculated from the date of delivery.
The Original Kavatza UG (haftungsbeschränkt) company has unlimited liability, if the cause of damage is due to malice or wanton negligence.
Furthermore Original Kavatza UG (haftungsbeschränkt) is liable for negligent violated essential obligations, whose violation endangers the fulfilment of the purpose of the contract, or who’s violation of obligations that make the proper execution of the contract possible in the first place and on whose adherence you trust on a regular basis. In this case the Original Kavatza UG (haftungsbeschränkt) is only liable for foreseeable contract typical damage. Original Kavatza UG (haftungsbeschränkt) is not liable for less negligent violated obligations other than the above mentioned.
The before mentioned restrictions of liability are not applicable for damage to life, body and health, for a defect after having given a guarantee for state of a product and for guilefully concealed defects. Liability according to product liability law remains unaffected.
In cases where liability of the Original Kavatza UG (haftungsbeschränkt) is excluded or limited, this includes the personal liability of employees, agents and various agents.
9. Acquisition of Personal Data
Information & data we receive from you, helps us to personalise your shopping experience at www.originalkavatza.com and to constantly improve its usability. We use this information for the processing of orders, the delivery of goods and the performance of services as well as the processing of your payment. we also use your information to communicate with you about products, orders and marketing offers furthermore to update and maintain our records. We also use your information to improve our platform and to prevent or discover misuse of our websites.
10. Applicable Laws
German laws apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG)
While all the products sold on our www.originalkavatza.com/ website are legal in Germany, in certain countries, like; North Korea, Malaysia, USA, Australia, or Abu Dhabi they may not be. The onus is on you, the customer, if your ordering smoking paraphernalia, to inform yourself about your local and national, import and custom regulations before ordering and you certify that the import to your country of the products ordered is legal. We cannot provide any information on the legal status of a product in any other country. By placing an order at Original Kavatza UG (haftungsbeschränkt) www.originalkavatza.com/ you accept all responsibilities regarding the legality of the products that will be shipped to you. We are not able to offer refunds should your ordered products be seized.
We do not encourage the illegal use of our products. We strongly advise you to consult your lawyer, if you have any doubts.
No, cease & desist warnings or orders will be excepted without prior written contact with us!
Should any content or design of our web page infringe on legal regulations or third-party rights, we require an appropriately descriptive letter, without notice of fees or charges. The removal of any legally violating material, originating on our webpages can not be enacted by the rights owner, themselves without our prior permission.
Rightfully objected to infringements will be removed by us immediately. Calling in a legal counsel is unnecessary for you.
Any incurred costs you have without previously contacting us we will fully reject an as the circumstances require a countersuit for infringement of the regulations named above.