Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts you enter into with us as the provider (Derbas Wicki) via the website dschinni-shisha.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A “business operator” is any natural or legal person, or a partnership with legal capacity, that acts in the exercise of its independent professional or commercial activity when entering into a legal transaction.

§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we are making you a binding offer to enter into a contract under the terms specified in the product description.

(3) The contract is formed via the online shopping cart system as follows:

The goods you intend to purchase are placed in the “Shopping Cart.” You can access the “Shopping Cart” via the corresponding button in the navigation bar and make changes there at any time.

After accessing the “Checkout” page and entering your personal information as well as the payment and shipping terms, all order details are displayed once more on the order summary page.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be directed to the order summary page within our online store or you will first be redirected to the website of the instant payment system provider.

If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your information there. Finally, you will be redirected back to the order summary page in our online store.

Before submitting the order, you have the option to review all details here once more, make changes (including via your web browser’s “Back” button), or cancel the purchase.

By submitting the order via the “Place Order with Obligation to Pay” button, you legally and bindingly accept the offer, thereby concluding the contract.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 Right of Retention, Retention of Title

(1) You may exercise a right of retention only to the extent that it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a business, the following applies in addition:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of title to the goods subject to retention of title.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination or mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the security to which we are entitled at your request to the extent that the realizable value of our security exceeds the claim to be secured by more than 10%. The selection of the security to be released is at our discretion.

§ 4 Warranty

(1) The statutory rights regarding liability for defects apply.

(2) As a consumer, you are requested to inspect the item immediately upon delivery for completeness, obvious defects, and shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.

(3) If you are a business, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed upon as the quality of the item; other advertising, public promotions, and statements by the manufacturer shall not apply.

b) In the event of defects, we shall, at our discretion, fulfill our warranty obligations by repair or replacement. If the remedy fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The attempt to remedy the defect shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item, the defect, or other circumstances indicate otherwise. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction of the warranty period does not apply:

• to damages attributable to us resulting from injury to life, limb, or health, or to other damages caused intentionally or through gross negligence;
• to the extent that we have fraudulently concealed the defect or have provided a guarantee regarding the quality of the item;
• for goods that have been used in accordance with their customary use in a structure and have caused its defectiveness;
• for statutory recourse claims that you have against us in connection with rights arising from defects.

§ 4a Return Shipping Costs in the Event of Cancellation

In the event of a valid cancellation in accordance with our cancellation policy, the customer shall bear the direct costs of the return shipment, provided that the goods are not defective or were not delivered incorrectly.

In the case of justified complaints, we will cover the return shipping costs or provide a return label.

§ 5 Choice of Law

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

§ 6 Protection of Minors

(1) When selling goods subject to the provisions of the Youth Protection Act, we enter into contractual relationships only with customers who have reached the legally prescribed minimum age.

Any applicable age restrictions are indicated in the respective product description.

(2) By submitting your order, you certify that you have reached the legally prescribed minimum age and that the information you have provided regarding your name and address is correct. You are obligated to ensure that only you yourself or persons authorized by you to receive the delivery—who have reached the legally prescribed minimum age—accept the goods.

(3) To the extent that we are required by law to verify age, we instruct the logistics service provider responsible for delivery to hand over the shipment only to persons who have reached the legally prescribed minimum age and, in case of doubt, to request that the person receiving the goods present their identification card for age verification.

(4) To the extent that we specify in the respective product description—beyond the legally prescribed minimum age—that you must be at least 18 years of age to purchase the goods, the preceding paragraphs 1–3 shall apply, provided that the age of majority must be reached instead of the legally prescribed minimum age.

II. Customer Information

1. Seller’s Identity

Dschinni GmbH

Albert-Einstein-Straße 2

30926 Seelze

Germany

Phone: +49 511 546 852 30

Email Support: info@dryferm.com

Managing Director: Mr. Derbas Wicki

Tax Authority: Bremen Tax Office

VAT ID No.: DE316701728

Court of Registration: Bremen Local Court

Registration Number: HRB 33098 HB

Responsible for content pursuant to Section 5 of the German Telemedia Act (TMG): Derbas Wicki

Dschinni GmbH

Albert-Einstein-Straße 2

30926 Seelze

Germany

Bank details

Bank name: Sparkasse Bremen

Account holder: Dschinni GmbH

IBAN: DE52 2905 0101 0082 5616 22

BIC: SBREDE22XXX

2. Information on the Formation of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions titled “Formation of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract details can be printed using the browser’s print function or saved electronically. Once we receive the order, the order details, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again via email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services are specified in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be viewed by clicking a button labeled accordingly on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may apply, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying. You are also responsible for any money transfer costs incurred in cases where the delivery is made to an EU member state but the payment was initiated from outside the European Union.

5.4. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.

5.5. Unless otherwise specified for the individual payment methods, payment obligations arising from the concluded contract are due immediately.

6. Delivery Terms

6.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently engaged a carrier not designated by the seller or any other person designated to carry out the shipment.

If you are a business, delivery and shipping are at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were drafted by lawyers at Händlerbund specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. For more information, please visit: https://www.haendlerbund.de/agb-service.

III. Cancellation Policy

Cancellation Policy

Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The right of cancellation begins fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.

To exercise your right of withdrawal, you must inform us (Dschinni GmbH, Albert-Einstein-Straße 2, 30926 Seelze, email: support@dschinni-shisha.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail, fax, or email). You may use the attached sample withdrawal form for this purpose, though its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you mail the goods before the fourteen-day period expires. You are responsible for the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to inspect their condition, characteristics, and functionality.

Last updated: November 1, 2024