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Terms and Conditions

As of 01.08.2023

§ 1 Scope and defense clause

(1) The following Terms and Conditions apply exclusively to the legal relationships between Shiazo Fab GmbH, hereinafter "supplier", and its customers in the respective version at the time of the order.

(2) Different Terms and Conditions of the customer are rejected.

§ 2 Formation of contract

(1) The presentation of the goods in the webshop does not represent a binding offer by the supplier to conclude a purchase contract. The customer is only asked to submit an offer by placing an order.

(2) By submitting an order, the customer submits a binding offer aimed at concluding a purchase contract for the selected goods. By submitting the order, the customer recognizes these Terms and Conditions as solely relevant for the legal relationship with the supplier.

(3) The supplier confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the supplier. It only serves to inform the customer that the order has been received by the supplier. The acceptance of the contract offer is declared by delivery of the goods, a request for payment or an explicit declaration of acceptance.

(4) The supplier accepts payments to a named bank account. Furthermore, the supplier accepts payments to the PayPal account of the supplier in fulfillment according to § 364 Abs. 2 BGB (Provider of PayPal is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg). The contractual relationships between PayPal and its customers are based exclusively on the terms of PayPal.

(5) The products are not sold by the supplier as water pipe tobacco within the meaning of § 1 Abs. 2b TabStG. If the customer places the product on the market or resells it for a purpose inducing excise taxes or other tax types, the customer alone is responsible for meeting these tax obligations.

§ 3 Retention

The customer acquires ownership of the goods with the production or the declaration of acceptance of the contract offer by the supplier, whichever occurs first.

§ 4 Maturity

Unless otherwise agreed, payment of the purchase price is due upon conclusion of the contract.

§ 5 Warranty

(1) Customer's warranty rights are based on the general legal regulations, unless otherwise specified. The regulation in § 6 applies to claims for damages by the customer against the supplier.

(2) The limitation period for customer warranty claims is 2 years for consumers in case of newly manufactured items and 1 year for used items. For entrepreneurs, the limitation period for newly manufactured items and for used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, body, health or claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the supplier must hand over the item to the customer free of material and legal defects and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. The right of recourse against entrepreneurs according to § 478 BGB is also excluded from the shortening of the limitation periods.

(3) A guarantee is not declared by the supplier.

§ 6 Disclaimer

(1) Claims for compensation by the customer are excluded unless otherwise specified. This disclaimer also applies for legal representatives and agents of the supplier, if the customer asserts claims against them.

(2) Claims for damages due to injury to life, body or health and claims for damages resulting from the violation of essential contractual obligations are excluded from the disclaimer in (1). Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the supplier must hand over the goods to the customer free of material and legal defects and procure ownership of it. Also excluded from the disclaimer is liability for damages that are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents.

(3) The supplier is a vicarious agent for custom-made goods. Internally, the customer exempts the supplier from excise taxes and is responsible for quality assurance and control over the production of the goods.

(4) Regulations of the Produkthaftungsgesetz remain unaffected.

§ 7 Assignment and pledging ban

The assignment or pledging of the customer's claims or rights against the supplier is excluded without the consent of the supplier, unless the customer can prove a legitimate interest in the assignment or pledging.

§ 8 Offsetting

The customer only has the right to offset if the claim made for offsetting has been legally established or is undisputed.

§ 9 Choice of law and jurisdiction

(1) The contractual relationship between the supplier and the customer is based on the law of the Federal Republic of Germany. Mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. UN purchasing law is excluded.

(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the supplier is the supplier's registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 10 Severability

If any provision of these Terms and Conditions is ineffective, the validity of the remaining provisions shall not be affected.