Terms & Conditions
§ 1 Scope and Provider
(1) These general terms and conditions apply to all contracts that you conclude with us at Two Peaks GmbH (hereinafter referred to as "seller").
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding the legal transaction, is exercising their independent professional or commercial activity.
(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. Unless otherwise agreed, the inclusion of your own terms and conditions that you may have used is contradicted.
§ 2 Duty to provide information
According to § 5a (1) Consumer Protection Act (KSchG) and § 4 Para. 1 Distance and Foreign Business Act (FAGG), the operator provides the customer with the following information, insofar as this is already possible within the framework of the GTC:
(1) Essential properties of the products: can be found in the product-specific descriptions in the online shop.
(2) Contractual partner (if no third party provider is identified) is: Two Peaks GmbH, Wagramer Str. 130 Top 22, 1220 Vienna, Austria.
(3) Total price / costs: The prices quoted include all taxes and duties. This does not apply to other EU countries.
(4) Terms of payment: credit card, PayPal, invoice-payment, pre-payment, instant transfer (Klarna).
(5) Terms of delivery: DHL, Post and the country-specific contractual partners of these companies
§ 3 Conclusion of the contract
(1) By providing its website, the seller invites customers to make an offer to purchase products; this decision is subject to change and non-binding.
(2) The order is open to natural persons who must be at least 18 years old at the time the contract is concluded. Minors must be represented by their legal representatives.
(3) The contract is concluded via the online shopping cart system as follows: The goods offered for sale are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, credit card, instant transfer) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to the order overview page in our online shop. Before submitting the order, you have the opportunity to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order via the corresponding button, you declare legally binding acceptance of the Offer, whereby the contract is concluded.
(4) On request, we will make you an individual offer, which will be sent to you in text form and to which we will be bound for 5 days. You accept the offer with confirmation in text form.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 4 prices
(1) The prices listed in the respective offers as well as the shipping costs include all statutory taxes.
(2) The shipping costs incurred are not included in the purchase price; they will be charged separately, unless the delivery free of charge has been confirmed. Further details can be found under a correspondingly labeled button on our website or in the respective offer.
(3) If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as Duties, taxes, or money transfer fees (bank transfer fees or foreign exchange fees) that you are responsible for.
(4) Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.
(5) You have the payment options shown under a corresponding button on our website or in the respective offer. Unless another payment dead-line is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if explicitly stated in the respective offer or on the invoice.
§ 5 Terms of payment; Delay
(1) Payment can be made either by:
a. Payment in advance
b. Credit card
c. Paypal
d. Klarna (instant transfer, invoice, installment plan)
(2) If you choose the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation. If no payment is received within this period, your order will be automatically canceled from our system and you will no longer be entitled to the goods.
(3) If you pay by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account is actually charged at the time we send the goods to you.
(4) When paying with PayPal, you will be forwarded to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(5) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
a. Invoice: The payment period is [14] days from dispatch of the goods / tickets / or, in the case of other services, the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany, Finnland, Great Britain, Netherlands, Norway, Austria, Sweeden.
b. Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments on the terms specified in the checkout. Payment in installments is due at the end of the month after Klarna has sent a monthly invoice. You can find more information about the installment purchase including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available here (only available in the countries indicated): Dänemark, Deutschland, Finnland, Großbritannien, Norwegen, Österreich, Schweden.
c. Immediately: Available in Germany, the Netherlands and Austria. Your account will be debited immediately after you have placed your order.
(6) Further information and Klarna's terms of use can be found at https://www.klarna.com/de/agb/
(7) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. A reminder fee of EUR 2.50 will be charged for every reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.
§ 6 Offsetting / Right of Retention
(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 7 delivery; Retention of ownership
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we are not obliged to deliver the goods ordered if we have properly ordered the goods on our part, but were not delivered correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have immediately informed you of this fact. In addition, we must not have taken the risk of procuring the ordered goods. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
§ 8 cancellation policy
(1) The customer is, as far as he is a consumer within the meaning of the KSchG or a consumer within the meaning of the FAGG, according to § 3 KSchG and § 11 Paragraph 1 FAGG is legally entitled to revoke the contract declaration (order) submitted by the seller outside of the business premises or (after the seller has dispatched it) to withdraw from the contract under the conditions of the revocation declaration below.
(2) There is no right of withdrawal when purchasing
- services such as repairs
- of goods that are manufactured according to customer specifications or that are clearly tailored to specific needs (Section 18 (1) no.3 FAGG)
(3) Withdrawal period: The withdrawal must be exercised within 14 days of receipt of the goods.
(4) Cancellation instruction: According to § 4 Abs 1 Z 8 FAGG the seller instructs the buyer about the following legal right of cancellation:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
In order to perform your right of withdrawal, you must inform us, the Two Peaks
GmbH, Wagramer Str. 130 / Top 22, 1220 Vienna, Austria, service@powerfiller
smoking.com, a clear statement (email) about your decision to revoke the contract.
You can send us your revocation here.
To meet the withdrawal deadline, it is sufficient for you to send the notification about the execution of your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
(1) If you cancel this contract, we have to repay all payments that we have received from you.
(2) We can refuse repayment until we have received the goods back.
(3) The return must be made immediately, and no later than 7 days after notification of the cancellation.
(4) The return costs of a cancellation are not borne by the seller. The reason for the revocation is irrelevant.
(5) You only have to pay for any loss in value of the goods if this loss in value is due to handling that was not necessary for an examination of the quality, properties and functionality of the goods.
(6) The return should be in the original packaging and carefully packed. The goods must be in perfect, resalable and cleaned condition. You must pay us compensation for damaged, soiled or incomplete goods.
(7) The return must be sent paid and insured (transport costs are provided by the customer), otherwise the goods cannot be accepted and will be sent back to the customer. Please send us the shipping number. We are not liable for the return if it is not sufficiently insured or sent to us in a non traceable manner.
8) As soon as the goods have been received in our logistics center and checked, we will credit your account with the amount for the goods, minus any cleaning costs or value deduction (see point 5).
(9) Please note that the modalities mentioned in the above paragraphs 2 to 4 are not a prerequisite for the effective execution of the right of withdrawal.
§ 9 Transport Damage
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
§ 10 Warranty
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 922 ff ABGB).
(2) If you are a consumer, the period of liability for warranty claims for used items - contrary to the statutory provisions - is one year (twelve months). This restriction does not apply to claims due to damage to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with Section 438 (1) No. 3 BGB.
§ 11 Disclaimer of Liability
Claims for damages by the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agent of
Provider, if the customer raises claims for damages against these. Exceptions are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
§ 12 Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.
§ 13 Language, place of jurisdiction and applicable law
The contract is drawn up in German. The further implementation of the contractual relationship takes place in German. The law of the Republic of Austria applies exclusively. For consumers, this only applies to the extent that this does not restrict any statutory provisions of the country in which the customer has his place of residence or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the seat of the provider.
§ 14 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/. We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.
§ 15 Final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only German law applies to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Vienna on October 5th, 2020