Terms and Conditions

General terms and conditions Knisterwelt

State: 20-11-2019

1. Conclusion of contract / Possibility of correction
The customer’s order represents an offer. A contract is not concluded until we have accepted it. The customer will be informed of our acceptance by E-Mail.

An order is only possible if all mandatory fields marked with * in the order form are filled out. If information is missing or if we cannot comply with the order for other reasons, the customer will receive an error message. Before the final sending of the order the customer receives the possibility to correct his order. The customer receives supporting detailed information directly in the course of the order process.

Conclusion of contract:
1. Selection of the desired product(s)
2. Add them to your shopping cart
3. Check shopping cart
4. Go to checkout
5. Input of the contact data, delivery address and payment method. Further accept the GDPR (DSGVO) and our terms and conditions.
6. By pressing the button “place order” a binding order of the customer is produced
7. Execution of the payment by the customer
8. E-Mail of the order confirmation is dispatched
9. From receipt of payment we accept the customer’s offer and enter into a contract of purchase

2. Acknowledgement of receipt
Once we have received the order, the customer shall again notify us of the receipt of his order via the e-mail address provided by him. This notification on our part does not constitute an acceptance of the customer’s offer. Only after we have received the customer’s payment do we accept the offer and enter into a sales contract.

3. Binding of the customer to his offer
The customer is bound to his order 2 days from receipt of this order. The legal right of revocation (right of withdrawal) remains unaffected. 

4. Contract storage
The sales contract is stored by us, but is not accessible to the customer via our web shop. The customer will be sent an order confirmation by e-mail, which also includes the invoice and our terms and conditions.

5. Contract language
The contract language is German and English.

6. Destination country
Our offer is directed exclusively at customers with residence or habitual abode in Europe.

7. Products / Disclaimer
Our products are not medicinal products. As these are natural products, the representation of these in the product photos may differ. The use of our products is at your own risk and is intended exclusively for adults. The use of our products in the environment of children and animals is at the user’s own risk. Keep out of reach of children.

8. Warning notice
Depending on the application, smoking has to do with open fire and embers. We recommend a responsible and attentive handling of our smoked products. We therefore expressly draw your attention to the risk of injury and fire due to improper handling.

9. Prices and shipping costs
All prices are total prices excluding shipping costs. They include Austrian VAT (20 %) but do not include shipping costs. Shipping costs are calculated on the basis of the delivery address. For countries outside the European Economic Area (EEA), additional customs duties will be charged.
The shipping costs can be found on every product page and here:
https://knisterwelt.com/shipping-information/

10. Payment methods
We accept the following payment methods/credit cards: Sofortüberweisung, Paypal, Mastercard, Visa, American Express

11. Due date of payment
If no other method of payment has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. Delivery of the goods shall only take place after receipt of the amount on our bank account.

12. Right of withdrawal / Right of revocation
The term “right of withdrawal” used in Austria corresponds to the term “right of revocation” used in Germany and in the Consumer Rights Directive. We therefore use the terms “right of withdrawal” and “right of revocation”. The term “right of revocation” is used exclusively in the cancellation policy. This is equivalent to the Austrian term “right of withdrawal”. Details can be found in the cancellation policy. 
This can be accessed via this link:
https://knisterwelt.com/instruction-on-cancellation/

Non-existing right of withdrawal
There is no right of revocation (right of withdrawal) for goods that are manufactured according to customer specifications or clearly tailored to personal needs.
There is no right of revocation (right of withdrawal) for goods that can spoil quickly or whose expiration date would be exceeded quickly.
There is no right of withdrawal for newspapers or magazines (with the exception of subscription contracts).

No longer applicable right of revocation (right of withdrawal)
For goods which are delivered sealed and which are not only suitable for return for reasons of health protection or hygiene, the right of revocation (right of withdrawal) does not apply if the goods have been unsealed after delivery.
For sound or video recordings such as CDs, DVDs etc. as well as for computer software delivered in a sealed package, the right of revocation (right of withdrawal) does not apply if the goods have been unsealed after delivery.
The right of revocation (right of withdrawal) does not apply to goods which, due to their nature, have been inseparably mixed with other goods after delivery.

13. Reference to the statutory warranty
The statutory warranty period for the delivery of movable goods is 2 years from the date of acceptance of the goods.

14. Customer service / Statutory warranty
Complaints due to statutory warranty claims or other complaints can be made with the contact data mentioned in the imprint.

15. Own Warranties / Guarantees
Beyond the statutory warranty, we do not grant own guarantees. The more detailed conditions of any manufacturer warranties can be found, if applicable, with the respective goods.

16. Default of acceptance
If the consumer is in default of acceptance, we shall be entitled to store the goods with us or with third parties, for which a storage fee shall be charged per calendar day or part thereof. At the same time, we remain entitled to insist on fulfilment of the contract.

17. Delivery period
Unless otherwise agreed, we deliver as soon as possible after completion of the order and payment of the customer and within the statutory period according to § 7a KSchG.

18. Retention of title
The goods remain our property until full payment has been made.

19. Effect of the retention of title
In the event of default in payment on the part of the customer, we shall be entitled to assert our right under the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare the withdrawal from the contract.

20. Data processing / Data protection
Information on data processing can be found in the data protection declaration. This can be accessed via this link: 
https://knisterwelt.com/privacy-data-protection/

21. Dispute resolution / Alternative dispute resolution
We subject consumers to an alternative dispute resolution procedure at the following dispute resolution body: Internet Ombudsmann (https://www.ombudsmann.at/).

Consumers also have the possibility to contact the EU Online Dispute Settlement Platform: https://ec.europa.eu/odr

You can also lodge your complaint directly with us at the following E-Mail address: office@knisterwelt.com