General Terms and Conditions
§ 1 Scope, Provider
(1) These General Terms and Conditions apply to all contracts concluded between SM Smart Automaten, owner Santiago Aristizábal Mejía, Gorkistraße 56, 13509 Berlin (hereinafter "Seller") and the customer via the online shop at smartautomaten.com.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
(3) Deviating conditions of the customer shall not become part of the contract unless the Seller expressly agrees to their validity in writing.
§ 2 Age Restriction — Nicotine-containing products
(1) The Seller offers, among other things, e-cigarettes, liquids, and other nicotine-containing products. The acquisition of these products is permitted exclusively to persons who have reached the age of 18, in accordance with § 10 of the Youth Protection Act (JuSchG).
(2) By submitting the order, the customer affirms to have reached the age of 18. The Seller is entitled to request proof of age before concluding the contract and before delivery.
(3) The delivery of nicotine-containing products is exclusively carried out with age verification. If the age cannot be verified upon delivery, the product will not be handed over. Any additional costs incurred as a result shall be borne by the customer, provided that they are responsible for the failed delivery.
(4) The Seller is entitled to refuse orders or withdraw from the contract if there are justified doubts about the customer's age of majority.
§ 3 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but an unbinding invitation to place an order.
(2) By clicking the "Buy Now" button, the customer submits a binding offer to purchase the goods contained in the shopping cart.
(3) The Seller will confirm receipt of the order immediately by e-mail. This confirmation of receipt does not yet constitute acceptance of the offer. The contract is concluded when the Seller expressly declares acceptance or dispatches the goods.
(4) The contract text is stored by the Seller and sent to the customer with the order data and the General Terms and Conditions by e-mail. The contract language is German.
§ 4 Prices and Shipping Costs
(1) All stated prices are final prices in Euros and include the statutory value-added tax of 19%.
(2) In addition to the prices, shipping costs may apply. The amount of the shipping costs will be clearly communicated to the customer before submitting the order.
§ 5 Payment Terms
(1) The payment methods displayed during the order process are available.
(2) For payment in advance, the purchase price must be transferred to the specified account within seven days of concluding the contract.
(3) If the customer is in default of payment, the Seller is entitled to demand default interest at the statutory rate.
§ 6 Delivery, Self-Collection
(1) Delivery is made to the delivery address specified by the customer within Germany. Delivery to packing stations is excluded for age-restricted products.
(2) [PLEASE ADD: Delivery time in working days after conclusion of contract, for advance payment from receipt of payment.]
(3) Self-collection is possible by prior arrangement. For the collection of age-restricted products, an official photo ID must be presented.
(4) If an item is not available, the Seller will inform the customer immediately. Payments already made will be refunded immediately.
§ 7 Retention of Title
The delivered goods remain the property of the Seller until full payment.
§ 8 Right of Withdrawal
Consumers have a right of withdrawal in accordance with the cancellation policy. This can be accessed at Cancellation Policy and will also be sent to the customer in text form.
§ 9 Warranty
(1) The statutory provisions on liability for defects apply.
(2) For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the state of their habitual residence is not withdrawn thereby.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the Seller's registered office.
(3) Should individual provisions be ineffective, the validity of the remaining provisions remains unaffected.
Status: 01.08.2026