Terms and Conditions / Return policy


The following terms and conditions also contain legal information on your rights based on the regulations on contracts in distance selling and in electronic commerce.

1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Methods of payment
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, contractual language
13. Cancellation policy


1. Scope

For the business relationship between:

4-Shisha GmbH
Owner: Khaled Mustapha
Alte Bottroper Straße 76
45356 Essen
Germany

hereinafter referred to as Seller

and third parties (consumers / merchants), the following Terms and Conditi- ons shall apply exclusively in the version valid at the time of the order.

A consumer in the sense 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 his commercial nor his independent professional activity (§ 13 BGB).

A merchant is (are) according to § 1 paragraph 1 HGB (German Commercial Code), who operates a com- mercial business. According to § 1 (2) of the German Commercial Code (HGB), a commercial enterprise is any business enterprise unless the nature or scope of the enterprise does not require a business operation that is set up in a commercial manner.

In the following, consumers and merchants are referred to as „customers“. If it is necessary to label or refer to the different customers, i.e. consumers or merchants, this will be indicated accordingly.

Deviating conditions of the Customer will not be recognised unless the Seller expressly agrees to their validi- ty. One-sided and two-sided commercial transactions are exclusively carried out or accepted based on the General Terms and Conditions described here.


2. Offers and service descriptions

The depiction of the 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. Descriptions of services in catalogues and on the websites of the seller do not have the status of an assurance or guarantee.

All offers are valid „while stocks last“, unless otherwise stated with the products. Mistakes / errors in the offer description excepted!


3. Order process and conclusion of contract

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“ by the German legislator. In order to enter the online offer, the Customer must confirm twice that he/she corresponds to the age group by clicking (Yes/No) to the question: „Are you 18 years of age or older? It is pointed out that incorrect clicking and entering an incorrect date of birth is a forgery of documents and is a criminal offence committed intentionally. The provider of the online offer clearly reserves the right to take all legal measures against unauthorised use of the online offer! Any recognisable infringement will be prosecuted legally. The customer can select products from the seller‘s range without obligation and collect them in a so-called shopping cart by clicking on the [add to cart] button. The customer can then click on the [Continue to checkout] button within the shopping cart to complete the order process. Unregistered „new customers“ must now first register by entering their data. The date of birth must be entered again. 

By clicking on the button [commit to buy], the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time. Ne- cessary details are marked with an asterisk (*).

The Seller will subsequently send an automatic confirmation of receipt to the Customer by e-mail, in which the Customer‘s order is listed again and which the Customer can print out by using the „Print“ function (or- der confirmation). The automatic confirmation of receipt merely documents that the Seller has received the Customer‘s order and does not constitute an acceptance of the order. The purchase contract is only valid with dispatch of the ordered goods and invoicing, as well as through personal delivery / collection to / by the Customer or through sending a second e-mail with an explicit order confirmation or by sending the invoice. If the seller allows advance payment, the contract is concluded by providing the bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order con- firmation despite the due date, even after a new request, the seller shall withdraw from the contract with the consequence that the order is no longer valid and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article with advance payment is therefore made for a maximum of 10 calendar days.


4. Prices and shipping costs

All prices stated on the Seller‘s website are for customers including the applicable statutory value added tax. Merchants who have registered and verified for the online offer will see their wholesale conditions net excluding VAT for the same offer.

In addition to the prices stated, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process. In ad- dition to the stated prices, the seller charges the amount of 1.50€ gross for age verification at the customer‘s location by the respective shipping service provider, currently DHL. All shipped goods from the seller‘s on- line offer are additionally verified by the seller through age verification by the shipping service provider. This is a necessary measure in order to comply with the current version of the law for the protection of minors according to § 10 paragraph 3. It follows from this that it must be ensured that when tobacco products and electronic shishas are shipped, no delivery / handover to minors takes place.

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

The seller‘s business is entirely focused on smoking articles and tobacco products. In this respect, all ac- cessories for smoking are also offered. The seller is therefore obliged to evaluate all offered articles in the same way and to sell or offer them only to persons over 18 years of age. For this reason, the shipping service provider carries out age verification checks on all goods shipped. The customer has to prove his age credibly to the shipping service provider upon request. In case of justified doubts, the shipping service provider is obliged not to hand over the goods. In the same situation, no delivery is made to „neighbours“, as a direct age verification cannot be carried out in this way. In order to ensure that each shipment is checked by the ship- ping service provider, the seller orders the age verification separately when placing the order and indicates this separately on the parcel label. The age verification is not only carried out again and again for consumers but also for merchants. When accepting the goods, merchants must ensure that no minors in the company are able to accept the goods. When shipping goods abroad, the buyer bears the shipping costs incurred and any customs fees incurred. The buyer bears the full shipping costs even if he refuses to accept the package.


5. Delivery, availability of goods

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

If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, 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 if the customer does not wish to receive a comparable product, the seller will imme- diately reimburse the customer for any payments already made.

Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to cer- tain countries) on a separate information page or within the respective product description.


6. Methods of payment

The customer can choose between the available payment methods during and before completion of the order process. Customers are informed about the available means of payment on a separate information page. If payment by invoice is possible, payment must be made within 7 business days after receipt of the goods and the invoice without deduction. For all other payment methods, the 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 the 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 cancelled or not executed, the customer is automatically in default as of this day and owes the seller statutory default interest. The Customer‘s obligation to pay interest on arrears does not exclude the Seller from asserting further damages caused by the delay.


7. Retention of title

Until full payment has been made, the delivered goods remain the property of the seller and must be handed over on request.


8. Warranty for material defects and guarantee

The warranty is determined by legal regulations. For further information visit:
https://www.justiz.nrw.de/BS/Verbraucherschutz/Gewaehrleistungsrechte/index.php

A guarantee only exists for the goods delivered by the seller if this has been explicitly given. Customers will be informed of any guarantee conditions before the ordering process is initiated.

In the case of defects in glass products or product components made of glass (in particular glass bowls/ heads), the assumption of the defectiveness of the item at the time of the transfer of risk in accordance with § 477 BGB does not apply due to the special material properties and the various causes that a crack or break in the glass can have. We therefore recommend the additional booking of the option „MIG PROTECT“ (one-off price 20.00 €), a one-year exchange guarantee for the glass bowl included in the scope of delivery. A case of warranty is only given in case of glass breakage. The replacement guarantee can only be claimed by the buyer only once for the glass bowl included in the original scope of delivery and only within one year after receipt of the goods. The exchange guarantee does not cover the exchange of the replacement bowl. Our glass bowls are handmade, each one is unique. Small air inclusions (bubbles) and slight variations in the exact measurements do not constitute a defect but are proof of handmade production. Damage to products that is due to improper handling by the customer does not constitute a defect. Products or product com- ponents that are damaged due to improper treatment (e.g. cleaning with an unsuitable cleaning agent) are excluded from the warranty and guarantee in this respect. For cleaning our hookahs and accessory products we recommend the use of pure water or our special cleaning set „MIG CLEANR“. Age and usage-related ab- rasion does not constitute a defect. Material-typical properties, such as the discolouration of oxidising brass, also do not constitute a defect.


9. Liability

The following exclusions and limitations of liability shall apply to any liability of the Seller for damages, irre- spective of the other statutory conditions for claims:

The Seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.

Furthermore, the Seller shall be liable for negligent breach of essential obligations whose violation endangers the achievement of the purpose of the contract. Or for the breach of obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable damage typical for the contract. The Seller shall not be liable for negligent breaches and thus shall not pay any damages beyond the value of the goods.

The above limitations of liability shall not apply in the event of harm to life, body or health. The limitations of liability do not apply to a defect after the assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

SInsofar as the Seller‘s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.


10. Storage of the contract text

The Customer can print the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order. The Seller will also send the Customer an order confirmation with all order information to the e-mail address provided by the Customer. With the order confirmation, the Customer also receives a copy of the General Terms and Conditions of Business together with instructions on the right of revocation and information on shipping costs as well as terms of delivery and payment. Order status and content can be viewed in the Customer‘s profile section.


11. Data protection

The Seller processes personal data of the Customer for the intended purpose and in accordance with the statutory regulations. The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) are used by the Seller for the purpose of fulfilling and processing the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process. The customer has the right to receive information free of charge on request about the personal data stored by the seller about him. In addition, he has the right to demand the correction of incorrect data, blocking and deletion of his personal data, as far as there is no legal obligation to keep records. Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.

Privacy policy for the use of Facebook plugins (Like-Button)

Our pages integrate plugins of the social network Facebook, provider Facebook Inc, 1 Hacker Way, Menlo Park, California 94025, USA. You can recognise the Facebook plugins by the Facebook logo or the „Like But- ton“ („Like“) on our site. An overview of the Facebook plugins can be found here: http://developers.facebook. com/docs/plugins/

When you visit our pages, the plugin establishes a direct connection between your browser and the Face- book server. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook „Like-Button“ while you are logged into your Facebook account, you can link the contents of our pages to your Facebook profile. This enables Facebook to assign visits to our pages to your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the con- tent of the transmitted data or its use by Facebook. You can find further information on this in the Facebook privacy policy at http://de-de.facebook.com/policy.php.

If you do not want Facebook to be able to assign visits on our Pages to your Facebook user account, please log out of your Facebook user account.

Privacy policy for the use of Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

Google Analytics uses so-called „cookies“. These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this web- site is usually transferred to a Google server in the USA and stored there. You can find more information on how Google Analytics handles user data in the Google privacy policy: https://support.google.com/analytics/ answer/6004245?hl=de

Browser Plugin

You may refuse the storage of cookies by selecting the appropriate settings on your browser, however plea- se note that if you do this you may not be able to use all functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data through Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de

Opposition to data collection

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie is set to prevent the collection of your information on future visits to this site: Disable Google Analytics

IP anonymisation

We use the „IP Anonymisation Activation“ feature on this website. However, this will cause your IP address to be shortened by Google within member states of the European Union or in other states which are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be trans- ferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the internet. The IP address transmitted by your browser within the framework of Google Analytics is not combined with other data from Google.

Privacy policy for the use of Google+

Our pages use functions of Google+. Provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

Collection and sharing of information: The Google+ button allows you to publish information worldwide. The Google+ button allows you and other users to receive personalised content from Google and our partners. Google stores both the information that you gave for a +1 content and information about the page you viewed when you clicked on +1. Your +1 may be displayed as references along with your profile name and photo in Google services, such as search results or your Google Profile, or elsewhere on websites and advertisements on the web.

Google records information about your +1 activity in order to improve the Google services for you and others. In order to use the Google+ button, you must have a public Google profile that is visible worldwide and must contain at least the name you choose for your profile. This name is used in all Google services. In some cases, this name may also replace another name that you used when sharing content through your Google Account. The identity of your Google Profile may be displayed to users who know your email address or have other identifying information about you.

Use of the information collected: In addition to the uses described above, the information you provide will be used in accordance with the applicable Google Privacy Policy. Google may publish summarized statistics about users‘ +1 activity and may share these statistics with users and partners, such as publishers, adverti- sers or affiliated websites.

Privacy policy for the use of Instagram

Functions by the service provider Instagram are integrated on our pages. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged in to your Instagram ac- count, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our site with your account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram. For further information, please refer to the Instagram privacy policy: http://instagram.com/about/legal/privacy/

Privacy policy for the use of Twitter

Functions of the Twitter service are integrated in our pages. These functions are offered by Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the „Re-Tweet“ function, the websites you visit are linked to your Twitter account and shared with other users. Data is also transferred to Twitter in the process. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter. For further information, please refer to the Twitter privacy policy at http://twitter.com/privacy.

You can change your privacy settings on Twitter in the account settings at: http://twitter.com/account/settings


12. Place of jurisdiction, applicable law, contractual language

Place of jurisdiction and place of performance is the seller‘s registered office (Essen District Court, . Postal address: Postfach 45116 Essen. telephone: 0201 803-0)

The place of jurisdiction and place of performance within the framework of online order business is the seller‘s registered office if the customer is a merchant, legal entity under public law or special fund under public law. According to the Consumer Protection Act and the Distance Selling Act, the place of jurisdiction for consu- mers shall be the consumer‘s place of business..

Contract language is German.

OS arbitration platform

EU Commission platform for out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/


13. Cancellation policy
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.

The consumer has the right to cancel this contract within fourteen days without giving reasons. The revoca- tion period is 14 days from the day of receipt of the goods by the consumer or a third party designated by the consumer, other than the shipping company, that has taken possession of the goods. In order to exercise the right of revocation, a clear statement (e.g. by email, fax, post or telephone) of your decision to revoke this contract is required:

4-Shisha GmbH
Alte Bottroper Straße 76
45356 Essen
Germany
Phone: 0201 / 43 881 881
Fax: 0201 / 368 0773
support@4-shisha.de

You can use the sample revocation form provided for the submission of the revocation declaration, but its use is not mandatory.

In order to comply with the 14-day revocation period, it is sufficient to send or announce the notification of the exercise of the right of revocation before the end of the revocation period. 4-Shisha GmbH does not automa- tically cover the shipping costs for a revocation.

Consequences of revocation

If you revoke the contract in due time, all payments received for the revoked order will be refunded to you, with the exception of additional costs resulting from deliveries chosen accordingly, such as cash on delivery etc. Refunds will be made within fourteen days of the day on which we receive the cancellation. In the event of revocation, you must return any goods already received for the order within fourteen days of declaring the revocation. The deadline is deemed to have been met if the dispatch was ordered at the latest on the 14th day after declaration of the revocation.

The same means of payment used for the original transaction will be used for the refund, unless otherwise agreed with the consumer. There is no charge for the refund.

The consumer must pay compensation for any loss of value of the goods if the loss of value is due to hand- ling of the goods which was not necessary to check the nature, characteristics and functioning of the goods.

Legal exclusion of the right of revocation

Unless otherwise agreed by the parties, the right of revocation does not apply to the following contracts in particular:

1. Contracts for the delivery of goods which are not prefabricated and for the production of which an indi- vidual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer, including a permanent redesign of the product at the request of the consumer (e.g. an engraving on a mouthpiece or plate),

2. Contracts for the supply of goods which are likely to spoil quickly or for which the expiry date would be quickly exceeded,

3. Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

4. Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

Otherwise, § 312g (2) BGB shall apply.