GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redeeming Promotional Vouchers / Discounts / Referrals
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution

1) Scope

1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 For the purposes of these Terms and Conditions, an entrepreneur is any natural or legal person, or a partnership with legal capacity, who acts in the course of their trade, business, or profession when entering into a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the seller's online shop do not constitute binding offers from the seller. Instead, they are invitations for the customer to submit a binding offer.

2.2 The customer can submit an offer using the online order form integrated into the seller's online shop. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the items in the cart by clicking the button that finalizes the order. The customer can also submit an offer by phone, email, mail, or using the online contact form provided by the seller.

2.3 The seller can accept the customer's offer within five days by

• sending the customer a written order confirmation or an order confirmation in text form (fax or email), with receipt of the confirmation by the customer being decisive, or
• delivering the ordered goods to the customer, with receipt of the goods by the customer being decisive, or
• requesting payment from the customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time when one of these alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the offer's dispatch. If the seller does not accept the customer's offer within this period, the offer is considered rejected, and the customer is no longer bound by their declaration of intent.

2.4 If an offer is submitted via the seller's online order form, the contract text will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not provide any further access to the contract text. If the customer has created a user account in the seller's online shop before placing the order, the order data will be archived on the seller's website and can be accessed free of charge by the customer through their password-protected user account using the relevant login details.

2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reviewing the information displayed on the screen. A useful technical tool for better detecting input errors is the browser's zoom function, which allows the display on the screen to be enlarged. During the electronic ordering process, the customer can correct their entries at any time using the usual keyboard and mouse functions until they click the button that completes the order process.

2.6 The contract can be concluded in either German or English.

2.7 Order processing and communication usually take place by email and through an automated order system. You must ensure that the email address you provide for order processing is correct so that you can receive emails sent by the seller. In particular, if you use spam filters, you must make sure that all emails sent by the seller or by third parties authorized by the seller for order processing can be delivered to you.

2.8 When you order nicotine-containing vapor liquids or Liquids, flavors, and/or nicotine-free base liquids, you confirm by submitting your order that you have reached the legally required minimum age.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 You can find more detailed information about the right of withdrawal in the seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, all listed prices are total prices and include statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the seller and must be borne by you. These may include, for example, fees for money transfers by credit institutions (such as transfer fees or exchange rate charges) or import duties and taxes (such as customs duties). Such costs may also apply to money transfers if the delivery is not to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The available payment methods will be communicated to you in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless you and the seller have agreed on a later due date.

4.5 If you choose to pay by invoice, the purchase price becomes due after the goods have been delivered and invoiced. In this case, unless otherwise agreed, you must pay the purchase price within 14 (fourteen) days of receiving the invoice, without any deductions. The seller reserves the right to offer payment by invoice only up to a certain order amount and may refuse this payment method if the specified order volume is exceeded. If this happens, the seller will inform you of the payment restriction in the payment information provided in the online shop.

5) Delivery and Shipping Terms

5.1 If the seller offers shipping, delivery will be made within the delivery area specified by the seller to the delivery address you provide, unless otherwise agreed. The delivery address you enter during the seller’s order process is the one that will be used for processing the transaction.

5.2 If delivery fails for reasons you are responsible for, you must cover the reasonable costs incurred by the seller as a result. This does not apply to the cost of shipping to you if you effectively exercise your right of withdrawal. If you do exercise your right of withdrawal, the seller’s instructions regarding return shipping costs, as outlined in the cancellation policy, will apply.

5.3 If you are acting as a business customer, the risk of accidental loss or deterioration of the goods passes to you as soon as the seller hands the goods over to the shipping company, freight carrier, or any other person or institution designated to carry out the shipment. If you are a consumer, the risk of accidental loss or deterioration of the goods generally passes to you only when the goods are handed over to you or to a person authorized to receive them. However, if you instruct the shipping company, freight carrier, or any other person or institution to carry out the shipment and the seller did not previously name this person or institution to you, the risk passes to you as soon as the seller hands the goods over to them, even if you are a consumer.

5.4 The seller reserves the right to withdraw from the contract if the seller does not receive correct or proper delivery from their own supplier. This only applies if the seller is not responsible for the non-delivery and has, with due care, entered into a specific covering transaction with the supplier. The seller will make every reasonable effort to obtain the goods. If the goods are unavailable or only partially available, the customer will be informed immediately and any payment already made will be refunded without delay.

5.5 For logistical reasons, self-collection is not possible.

6) Retention of Title

If the seller provides goods in advance, ownership of the delivered goods remains with the seller until full payment of the purchase price has been received.

7) Liability for Defects (Warranty)

7.1 Unless otherwise specified in the following provisions, the statutory regulations on liability for defects apply. The following applies differently for contracts for the delivery of goods:

7.2 If the customer is acting as a business,

• the seller may choose the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from delivery;
• for used goods, rights and claims for defects are excluded;
• the limitation period does not restart if a replacement delivery is made under the warranty.

7.3 The above limitations of liability and shortened limitation periods do not apply

• to claims for damages or reimbursement of expenses by the customer,
• if the seller has fraudulently concealed the defect,
• to goods that, according to their usual use, have been incorporated into a building and have caused its defectiveness,
• to any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 For business customers, the statutory limitation periods for any existing legal right of recourse remain unaffected.

7.5 If you are acting as a business under the Maltese Commercial Code (Cap. 13 Laws of Malta), you are required to inspect the goods immediately and report any defects without delay. If you fail to notify us of obvious defects within the specified period after receiving the goods, the goods are considered accepted, unless the defect could not have been detected through proper inspection. In that case, you must notify us immediately after discovering the defect.

7.6 If you are a consumer, please report any obvious transport damage to the delivery agent and inform the seller. If you do not do this, your statutory or contractual warranty rights will not be affected in any way.

8) Redeeming Promotional Vouchers / Discounts / Referrals

8.1 Vouchers issued by the seller free of charge as part of promotional campaigns, with a specific validity period, and which cannot be purchased by customers (hereinafter referred to as "promotional vouchers"), can only be redeemed in the seller's online shop and only within the specified period.

8.2 Certain products may be excluded from voucher promotions if such exclusions are stated in the promotional voucher's terms.

8.3 Promotional vouchers can only be redeemed before completing the order process. Retroactive application is not possible.

8.4 You can redeem multiple promotional vouchers in a single order.

8.5 The value of your order must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is not enough to cover your order, you can pay the difference using any other payment method offered by the seller.

8.7 The balance of a promotional voucher cannot be paid out in cash or earn interest.

8.8 If you return goods paid for in whole or in part with a promotional voucher under your statutory right of withdrawal, the voucher will not be refunded.

8.9 The promotional voucher is intended solely for use by the person named on it. Transferring the promotional voucher to third parties is not permitted. The seller has the right, but is not obligated, to verify the material entitlement of the voucher holder.

8.10 Through our Loox referral program, you can refer friends and acquaintances. Both the person making the referral and the person being referred receive a discount, either as a percentage or a fixed amount. This discount can be used for future orders. It is strictly prohibited to refer yourself or to circumvent the system using questionable methods. Name changes, placing multiple orders with different email addresses, or listing "additional" people in your own household—these and similar methods are regularly checked. Discounts for third parties and for the referring person are only granted after an order has been completed. Therefore, the associated order must be completed and paid for first.

If there is an attempt at fraud, we will contact the person involved and cancel the order.

If the shipped goods can no longer be returned, we reserve the right to claim the difference between the total amount without discounts and the amount actually paid.

9) Applicable Law

All legal relationships between the parties are governed by the laws of the Republic of Malta, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of protection granted by mandatory provisions of the law of the country where the consumer has their habitual residence.

10) Jurisdiction

If the customer is a business, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Republic of Malta, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Republic of Malta, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from it can be attributed to the customer's professional or commercial activity. However, in these cases, the seller also has the right to bring an action before the competent court at the customer's place of business.

11) Alternative Dispute Resolution

11.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for resolving disputes out of court that arise from online purchase or service contracts involving a consumer.

11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.