Terms and Conditions

GENERALLY
The following General Terms and Conditions (GTC) govern all contracts concluded with the customer (hereinafter: CUSTOMER ) via the online business of COALCATCHER , Jungfernstieg 23, 24768 Rendsburg, Germany (hereinafter: COALCATCHER ) on the website coalcatcher.com . These GTC contain specific clauses for customers who act as entrepreneurs according to Section 14 of the German Civil Code (BGB) (hereinafter: ENTREPRENEURS ). Such specific provisions for business transactions are clearly related to ENTREPRENEURS and do not apply to consumers within the meaning of Section 13 of the German Civil Code (BGB). COALCATCHER does not recognize any terms and conditions of the customer that deviate from these GTC unless COALCATCHER has expressly agreed to them in writing.

CONCLUSION OF CONTRACT
By clicking the corresponding button, the CUSTOMER can select products and place them in the shopping cart. The CUSTOMER can then start the ordering process by clicking on the shopping cart. During the ordering process, the CUSTOMER enters the necessary contact information for shipping and payment and completes the order by clicking the "Buy now" button. Input errors, e.g. products accidentally placed in the shopping cart, can be corrected by the CUSTOMER by changing the desired quantity in the shopping cart and using the available controls. During the ordering process, input errors can be corrected by navigating to the relevant step using the "forward" and "back" buttons on the browser. The product presentation in COALCATCHER's online store serves merely as a non-binding invitation to order by the CUSTOMER. By placing an order, the CUSTOMER submits a binding offer to conclude a contract for the products in the shopping cart. COALCATCHER immediately confirms receipt of the order by email in automated form. This automated confirmation does not yet create a contractual relationship. COALCATCHER accepts the CUSTOMER's offer by sending a separate declaration of acceptance via email or by sending the goods within 5 days or 3 business days of receiving the order. The contract is only concluded upon receipt of this separate declaration of acceptance or upon receipt of the goods within the specified period. An invoice is equivalent to a declaration of acceptance. The contractual partner is COALCATCHER, An der Buschkate 2A, 24794 Borgstedt, Germany. The contractual and communication language is German.

STORAGE OF THE CONTRACT TEXT
COALCATCHER saves the text of the contract. The order details are sent to the CUSTOMER in text form (email). The General Terms and Conditions can also be accessed and printed online.

CANCELLATION POLICY
Consumers generally have a statutory right of withdrawal. Details regarding any right of withdrawal can be found exclusively in the cancellation policy, which is made available to the CUSTOMER during the ordering process.

PRICES AND SHIPPING COSTS
The prices valid on the day of the order, as shown in the online shop, apply. The prices displayed in the online shop are stated in euros and include statutory sales tax. For orders delivered by parcel or other postal method, the following applies: The prices quoted in the online shop do not include packaging and shipping costs. These shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before the order is completed. COALCATCHER offers free shipping. Details of the conditions under which shipping is free can be found on the shipping information page on the website. Additional taxes (e.g. for intra-community purchases) and/or duties (e.g. customs duties) may be charged to the CUSTOMER for cross-border deliveries.

PAYMENT METHODS
COALCATCHER only accepts the payment methods listed in the online store during the ordering process. The CUSTOMER selects their preferred payment method from the available options. When selecting Sofortüberweisung (Klarna Sofort) from the Klarna Group - Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden - an account activated for online banking is required. The CUSTOMER will be asked to enter their account details and a TAN to confirm the payment. Further information can be found at https://www.klarna.com/sofort/ . When paying by credit card, the CUSTOMER will be asked to enter their credit card information at the end of the ordering process. Depending on the payment amount or delivery method, authentication may be necessary. Payment via PayPal requires a PayPal account. The CUSTOMER completes the PayPal payment process and confirms the payment to COALCATCHER. PayPal also allows payments without a PayPal account. Further information can be found at https://www.paypal.com/de/webapps/mpp/home . Purchases on account through Klarna require payment of the invoice amount directly to Klarna within 14 days. Further details and fees can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account . COALCATCHER may conduct a credit check and reserves the right to restrict certain payment methods based on the results of the credit check. COALCATCHER's privacy policy provides information about data protection.

SAFETY & PRODUCT USE
The CoalCatcher is intended exclusively for short-term use on glowing shisha coal. To avoid material overheating and to ensure safe operation, the maximum duration of use when sucking in glowing coal is limited to 3 seconds per suction cycle . Repeated or prolonged use beyond this recommended duration may result in material damage and constitutes improper use.
COALCATCHER assumes no liability for damages resulting from improper use.

DELIVERY AND SHIPPING CONDITIONS
Delivery will be made to the delivery address specified by the CUSTOMER, excluding deliveries to packing stations. The delivery time is specified on the product details page. It begins with the payment order for advance payment on the next business day or, for other payment methods, on the day after the contract is concluded. The risk of accidental loss passes to businesses upon handover to the carrier and to consumers upon handover of the goods. The CUSTOMER will be notified of any delivery delays. Should delivery of the goods fail because the CUSTOMER refuses acceptance or delivery was not possible for other reasons for which the CUSTOMER is responsible, the CUSTOMER shall bear the costs for the unsuccessful shipment.

RETURNS AND REFUNDS

For consumers residing within the European Union, the statutory right of withdrawal applies in accordance with the applicable consumer protection laws.

Irrespective of this, the following applies to all orders : Returns or refunds will only be made in accordance with the provisions of these Terms and Conditions.

Should a delivery fail due to incorrect or incomplete address information, refusal of acceptance or non-collection by the customer, the customer shall bear all costs incurred, in particular the return shipping costs.

Return shipping costs must be paid within 30 days of our notification. We reserve the right to withhold a refund until these costs are paid in full.

The goods will only be dispatched again after all return costs and additional shipping costs have been paid in advance.

RESERVATION OF TITLE
The goods remain the property of COALCATCHER until full payment has been made. The goods may not be pledged or assigned as security until full payment has been made. COALCATCHER must be informed immediately of any third-party access to the reserved goods.

WARRANTY AND LIABILITY FOR DEFECTS
The statutory warranty rights apply. Business owners must inspect the goods immediately for quality and quantity deviations and report any obvious defects within 14 days. The warranty period for businesses is 12 months.

LIABILITY
COALCATCHER is liable without limitation for intent and gross negligence, as well as under the Product Liability Act. In cases of slight negligence, liability only exists in the event of a breach of essential contractual obligations, whereby liability is limited to foreseeable, contract-typical damages. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the CUSTOMER may regularly rely.

DATA PROTECTION
COALCATCHER is committed to protecting the privacy of all online shoppers and treating personal data confidentially. The data necessary for business transactions will be stored and, if necessary, shared with affiliated companies as part of the order processing. All personal data will, of course, be treated with the strictest confidence. A detailed description of how customer data is handled can be found in the privacy policy here.

ONLINE DISPUTE RESOLUTION
Consumers have the option of resolving disputes arising from online sales contracts before an arbitration board. The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/consumers/odr/ . However, COALCATCHER points out that it is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and is generally unwilling to do so.

ALTERNATIVE DISPUTE RESOLUTION ACCORDING TO VSBG
Consumers generally have the option of initiating an out-of-court dispute resolution procedure. However, COALCATCHER does not participate in such a procedure and cannot serve as a contact for this purpose.

FINAL PROVISIONS
Contracts between COALCATCHER and the CUSTOMER are governed by the laws of the Federal Republic of Germany. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. If the CUSTOMER is a consumer residing outside of Germany, mandatory provisions of the CUSTOMER's country of residence remain unaffected. If the CUSTOMER is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is COALCATCHER's registered office in Borgstedt. The same applies if the CUSTOMER does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is filed. The right to also bring proceedings before a court at another statutory place of jurisdiction remains unaffected.