Terms and conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS AND SUPPLY (AGL)
of City Vape GmbH for the online shop www.vapesell.at

The product catalogue for customers in Austria is managed by City Vape GmbH, Fasangasse 22/GL2, 1030 Vienna. The company is registered in the commercial register of the Commercial Court Vienna under FN 520534t.
These General Terms and Conditions of Business and Supply apply exclusively to orders of e-liquids placed via the online shop www.vapesell.at. Any terms and conditions of the customer that deviate from these shall not be recognised unless we expressly agree to them in writing.
These AGL apply exclusively to entrepreneurs within the meaning of the Austrian Commercial Code (UGB), in particular tobacco retailers and holders of a valid e-licence. Sales to consumers do not take place.
The language of the contract is German.
Delivery is made only within Austria.

The products offered (in particular e-liquids, 10 ml flavours for DIY mixing, and accessories) are classified in accordance with statutory provisions.
The customer is obliged to comply with all trade, tax, and customs regulations.

By clicking the button “zahlungspflichtig bestellen” (order with obligation to pay) on the website www.vapesell.at, the customer submits a binding offer.
The automatic order confirmation does not constitute acceptance of the offer. The contract is concluded either by a separate shipping confirmation or by making the goods available for collection.
The minimum order value is €150 net.
By placing the order, the customer confirms that they are an entrepreneur, meet the statutory minimum age, and are authorised to resell the products.

Our price lists for liquids show both the supply price and the respective current recommended retail price (the selling price recommended for the retail sale of e-liquids in the monopoly area).
The supply price is derived from the respective recommended retail price after deduction of the applicable trade margin and the value added tax contained therein. The supply price is therefore a net price.
The supply price and the corresponding recommended retail price valid at the time of the order apply. Changes to the supply price after conclusion of the contract have no effect on orders already accepted.

The delivery time is usually 1–3 working days, unless otherwise agreed.
The parcels are shipped via the carrier DPD.
For orders with a net order value of less than €200, we charge a flat-rate shipping fee of €5.00 (within Austria).
For orders with a net order value of €200 or more, delivery is free of shipping costs (free delivery).
Delivery is made to the business address provided by the customer.
The transfer of risk takes place upon handover of the goods to the customer or to a person authorised to receive them.
In the event of default in acceptance, storage and transport costs shall be borne by the customer.

The following payment methods are available: EPS, bank transfer, card (if offered).
Payment for the delivered goods and the ongoing fee to the Monopolverwaltungs GmbH must generally be made in advance to our bank account immediately after placing the order.
Pursuant to § 8 para. 8 TabMG (Austrian Tobacco Monopoly Act), the purchase price must be paid no later than ten days after delivery; the decisive factor is the receipt of payment in our account.
We are entitled to assert all claims arising in connection with the delivery of goods against the customer and to offset them against any counterclaims.
In the event of default in payment, statutory default interest pursuant to § 456 UGB will be charged. A processing fee of €10.00 will be charged for each reminder. The defaulting customer shall bear all collection and legal enforcement costs.

The goods remain the property of City Vape GmbH until all claims have been paid in full.
In the event of resale, the customer hereby assigns to us their claims arising from the resale.

Returns are only permitted after prior written notification by email to office@vapesell.at.
The return period is 7 days from receipt of the goods.
Returns are accepted only for unopened, undamaged, and originally sealed goods.
There is no entitlement to acceptance of returns except in the case of a justified complaint.
For approved returns, the original supply price applies.

Defects must be reported immediately, no later than within 5 working days of receipt of the goods, in writing by email to office@vapesell.at.
After examination, we will, at our option, provide replacement delivery, credit note, or price reduction.
An exchange of old for new takes place only after prior examination.
The costs of return shipment shall be borne by the seller (City Vape GmbH).

A repurchase of goods upon closure of the customer's business takes place only on the basis of a separate written agreement by email to office@vapesell.at.
The items are repurchased at the supply price valid at the time of delivery.
If the tobacco products or tobacco-related products are damaged (e.g. by breakage, moisture) or the packaging is defective, the buyer (City Vape GmbH) will be informed in writing of the defects and their severity. If the defects are serious and prevent further sale, the buyer may refuse the repurchase.
Upon closure of the business, the return of the delivered goods at the supply price is offered.
In the event of a repurchase, the buyer (City Vape GmbH) bears the shipping costs if the repurchase of items has a supply price of less than €200. If the value exceeds this, delivery is free of shipping costs for the buyer.
There is no legal entitlement to repurchase.

The statutory obligations of the wholesaler arise from § 8 TabMG 1996.