AGB

1. Scope and definitions

These Terms of Service (“Terms”) govern all purchases and use of our online shop operated at [your domain] (“Store”). By placing an order or using the Store, you agree to be bound by these Terms.

In these Terms:

  • “We”, “us”, “our” refer to SM Smart Automaten,

  • “Customer”, “you” refers to any consumer purchasing goods in our Store.

German and EU consumer protection laws apply in addition to these Terms.

2. Company information

SM Smart Automaten
Registered office: Gorkistraße 56, 13509 Berlin, Deutschland

VAT ID: DE456475097

You can contact us via:

  • Email: smsmartautomaten@gmail.com

3. Applicability of consumer law

Our Store is directed primarily at consumers within the meaning of German law. If you place an order as a business customer, please contact us separately as different rules may apply.

Consumers in Germany and the EU have specific rights (e.g. right of withdrawal within at least 14 days) that apply regardless of these Terms.

4. Conclusion of contract

  1. The products shown in our Store are not binding offers but invitations to place an order.

  2. By clicking “Complete order” or a similar button at checkout, you submit a binding offer to purchase the selected goods.

  3. The contract is concluded when:

    • We send you an order confirmation by email, or

    • We dispatch the goods and inform you of shipment.

We may refuse orders in justified cases, for example:

  • If goods are not available,

  • In case of obvious errors in price or product information,

  • If there is legitimate doubt about age or identity for restricted products.

5. Prices, VAT and shipping costs

  1. All prices displayed in the Store are in Euro (€) and include statutory German VAT, unless stated otherwise.

  2. Any shipping costs and additional charges (e.g. cash‑on‑delivery fees) are shown separately at checkout before you place the order.

  3. We reserve the right to adjust prices at any time. The price applicable to your order is the price displayed at the time of ordering.

6. Payment methods

We accept the payment methods displayed during the checkout process, such as:

  • Credit/debit card

  • PayPal

  • Sofortüberweisung / Klarna

  • Other methods as offered in the Store.

Payment is due immediately upon conclusion of the contract, unless otherwise specified.
In case of payment failure or chargeback, we may cancel the order and, if necessary, claim compensation for any costs incurred.

7. Shipping and delivery

Shipping and delivery of goods are subject to our Shipping Policy, which forms part of these Terms.

In summary:

  • We deliver only within Germany (unless otherwise stated).

  • Delivery times and shipping costs are detailed in our Shipping Policy.

  • Unless a different delivery time is agreed, goods must be delivered within 30 days from the date of purchase in line with EU consumer rules.

8. Age‑restricted products

Some products (e.g., electronic cigarettes and related items) may be subject to legal age restrictions.

  • By ordering such products, you confirm that you meet the minimum age requirement under German law.

  • We may use age verification systems and instruct the courier to check your ID upon delivery. If age verification fails, delivery will be refused and the goods returned to us.

We reserve the right to cancel orders where age verification cannot be completed successfully.

9. Right of withdrawal and returns

Consumers have a legal right of withdrawal in distance selling:

  • You generally have at least 14 days from receipt of the goods to withdraw from the contract without giving any reason, according to applicable German and EU law.

  • The conditions, deadlines and consequences of withdrawal are described in detail in our Right of Withdrawal / Returns Policy, which is provided separately.

If you exercise your right of withdrawal within the legal period, we will refund payments received in accordance with statutory provisions and our Returns Policy.

10. Warranty and defects

Statutory warranty rights under German law apply to all goods purchased from our Store.

  • If goods are defective, you may request:

    • Repair or replacement,

    • A price reduction, or

    • Withdrawal from the contract (under the conditions set by law).

  • Please report defects as soon as reasonably possible and provide photos or other evidence if requested.

Our voluntary guarantees (if any) do not limit your statutory rights.

11. Limitation of liability

We are liable without limitation for:

  • Intent or gross negligence,

  • Injury to life, body or health caused by us,

  • Breach of essential contractual duties (cardinal obligations), and

  • Any other cases where liability cannot be limited under mandatory law.

Beyond this, our liability for slight negligence is limited to foreseeable, typical damage associated with the contract.
We are not liable for indirect or consequential damages such as lost profits, except where mandatory law requires otherwise.

Nothing in these Terms affects your statutory rights as a consumer.

12. Prohibited use

You agree not to use our Store for unlawful purposes or in ways that could harm the operation of the Store or the rights of other customers.

In particular, you must not:

  • Provide false personal or payment information.

  • Attempt to circumvent age verification or legal restrictions.

  • Interfere with the technical functioning of the Store.

We may block access or cancel orders if we suspect misuse or fraud.

13. Intellectual property

All content in the Store, including text, images, logos, graphics and design elements, is protected by copyright and other intellectual property laws.

  • You may not reproduce, distribute or modify content without our express written permission, except where permitted by law (e.g. personal, non‑commercial use).

14. Data protection

Processing of your personal data when you use our Store is governed by our Privacy Policy.

  • Our Privacy Policy explains what data we collect, how we use it, and your rights under data protection laws, including the GDPR.

15. Changes to these Terms

We may update these Terms from time to time.

  • The version of the Terms displayed at the time you place an order applies to that order.

  • We will publish changes in the Store and, if necessary, inform registered customers by email.

16. Governing law and dispute resolution

  • These Terms and any contracts with consumers are governed by German law, subject to mandatory consumer protection rules of your country of residence within the EU.

  • If any provision of these Terms is invalid, the rest remains enforceable; the invalid provision will be replaced by a valid one that best reflects the original intention.

We aim to resolve disputes amicably. You may also have access to EU online dispute resolution platforms and consumer centers.