Courtesy translation: only the German version is legally binding.

General Terms and Conditions

§1 Applicability to Traders and Definitions of Terms

(1) The following General Terms and Conditions apply to all deliveries between us and a consumer
in the version valid at the time of the order. A consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their self-employed professional activity (§ 13 BGB).

§2 Formation of the Contract, Storage of the Contract Text

The following provisions on the conclusion of the contract apply to orders placed via our online shop https://www.hookain.de.

In the event of conclusion of a contract, the contract is concluded with Hookain Onlineshop GmbH, Grüner Brunnenweg 146, D-50827 Köln.

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The Seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the decisive factor in this respect is receipt of the order confirmation by the customer, or
• by delivering the ordered goods to the customer, whereby the decisive factor in this respect is receipt of the goods by the customer, or
• by requesting payment from the customer after the customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the point in time at which one of the above alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If the customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and is sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has submitted their order. The Seller does not make the text of the contract accessible in any other way. If the customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the order via the Seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received at that address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

2.9 When ordering tobacco products, the customer confirms, by submitting the order, that they have reached the legally required minimum age. The Seller ensures, through the use of an age verification system, that the customer has reached the legally required minimum age. The goods are therefore only handed over following successful prior age verification and authentication of the customer.

2.10 When ordering nicotine-containing vaping liquids or liquids, flavourings and/or base liquids without nicotine, the customer confirms, by submitting the order, that they have reached the legally required minimum age.

You can view your past orders in our customer area under My Account –> My Orders.

§3 Prices, Shipping Costs, Payment, Due Date

3.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

3.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers charged by credit institutions (e.g. transfer fees, currency exchange fees) or import duties or taxes (e.g. customs duties). Such costs relating to money transfers may also be incurred even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

3.3 The available payment method(s) will be communicated to the customer in the Seller's online shop.

3.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

3.5 If the customer selects a payment method offered via the "PayPal" payment service, payment processing is carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. To the extent that the Seller also offers, via PayPal, payment methods in which the Seller advances payment to the customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the customer the selected payment method in the event of a negative result of this check. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only discharge the debt by paying PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations and notices of withdrawal, or credit notes.

3.6 If the customer selects a payment method offered via the "Klarna" payment service, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information as well as Klarna's terms and conditions in this regard can be found in the Seller's payment information, which can be viewed at the following web address:

https://www.hookain.de/kundendienste/zahlungsarten/

§4 Delivery

(1) Deliveries within Germany: Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery for deliveries within Germany takes place within 5 working days at the latest. In the case of payment in advance, the delivery period begins to run on the day after the payment order is placed with the bank commissioned to carry out the transfer, and for all other payment methods on the day after conclusion of the contract. If the end of the period falls on a Saturday, Sunday or statutory public holiday at the place of delivery, the period ends on the next working day. The maximum delivery period of 5 working days may be exceeded in the case of high-volume special promotions, such as Black Friday or days on which new products are launched for the first time. In these cases, a delivery time of up to 2 weeks is possible; such deviations, where applicable, will in every case be indicated separately again during the purchasing process.

(2) The risk of accidental loss of or accidental damage to the item sold passes to the buyer only upon handover of the item to the buyer, even in the case of a sale by dispatch.

(3) If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs thereby incurred by the Seller. This does not apply, with respect to the costs of delivery, if the customer effectively exercises their right of withdrawal. With regard to the costs of return in the case of effective exercise of the right of withdrawal by the customer, the provision made in this respect in the Seller's cancellation policy shall apply.

§5 Retention of Title

If the Seller performs in advance, it reserves title to the delivered goods until the purchase price owed has been paid in full.

§6 Contract Language

German is the only language available for the contract.

§7 Liability for Defects (Warranty)

7.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. By way of derogation from this, the following applies to contracts for the supply of goods:

7.2 If the customer acts as a trader,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims for defects are excluded;
• the limitation period does not begin again if a replacement delivery is made under the liability for defects.

7.3 The above limitations of liability and reductions of periods do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their customary use and have caused the building's defectiveness,
• to any obligation the Seller may have to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB, the customer is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. If the customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

§8 Payment Method Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer Klarna as a payment method. Payment is made to Klarna.

Payment by invoice is available only in the Germany channel.

• Klarna

The following invoice terms apply if Klarna offers payment by invoice during checkout.

Invoice: The payment period is 30 days from dispatch of the goods/ticket, or, in the case of other services, from the provision of the service. The full invoice terms and conditions for the countries in which this payment method is available can be found here: Germany.

Use of the payment methods invoice, instalment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna in the course of initiating and processing the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you the payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna is available here. Your personal data is processed by Klarna in accordance with the applicable data protection provisions and as set out in Klarna's privacy policy.

§9 Payment Method PayPal

If the customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal (PayPal, PayPal Pay Later, Credit or debit card, Apple Pay, Google Pay) that is selectable during the online ordering process, the Seller hereby declares acceptance of the customer's offer at the point in time at which the customer clicks the button that concludes the ordering process.

§10 Protection of Minors

If your order includes goods whose sale is subject to age restrictions, we exclude certain payment methods. In addition, by using a reliable procedure involving a personal identity and age verification check, we ensure that the person placing the order has reached the required minimum age. The delivery agent only hands over the goods after age verification has taken place, and only to the person who placed the order, in person. In the course of the shipping process, the age verification is carried out again by the shipping service provider.

§11 Product Images

All visible product images were professionally produced by Hookain Onlineshop GmbH itself, making it the author within the meaning of § 7 UrhG. In the event of a copyright infringement, the claims for removal, injunctive relief, information and damages listed in §§ 97, 101 UrhG apply - these are asserted, in the event of a copyright infringement, by way of a cease-and-desist warning. The Higher Regional Court of Cologne (OLG Köln) (decision of 06.03.2015, case no.: 6 W 15/15) set the amount in dispute for the unauthorised use of the photograph by private individuals or small businesses at €6,000 per image. The amount of damages is calculated as compensation for the financial loss suffered, including lost profits, payment of a reasonable licence fee, or surrender of the infringer's profits. Use of the product images on this website without the prior consent of the website operator is not permitted. In the event of a violation, we reserve the right to assert claims arising from each individual copyright infringement.

§12 VIP system (bonus points)

On this website we offer registered customers a voluntary bonus system. For every completed purchase in the customer account, the customer receives a fixed number of points per euro spent, which is shown on completion of the purchase. The points are credited as soon as the order has been paid and shipped and the return period has expired. Points are not paid out or redeemed; their number determines the VIP tier (VIP-BRONZE, VIP-SILVER, VIP-GOLD, VIP-PLATIN, VIP-DIAMOND) with the respective benefits, which can be viewed here. Goods already reduced in price, products with fixed price-band pricing (Banderolenpreise) and promotional products are excluded from the tier discount. Points collected expire in full if the customer receives no new points for one year; the relevant date is the last purchase for which points were awarded. Every new purchase with points restarts this period. The expiry date is shown in the customer account. The VIP tier ends with the expiry. In the event of subsequent returns, cancellations or complaints, we adjust the point balance of the changed order. Participation is voluntary; we may end the VIP system at any time without giving reasons.

§13 Redemption of Gift Vouchers

13.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless the voucher states otherwise.

13.2 Gift vouchers and any remaining credit from gift vouchers can be redeemed until the end of the third year following the year of purchase of the voucher. Remaining credit will be credited to the customer until the expiry date.

13.3 Gift vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

13.4 Only one gift voucher can be redeemed per order.

13.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

13.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

13.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

13.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is grossly negligently unaware, of the respective holder's lack of entitlement, lack of legal capacity, or lack of authority of representation.

§14 Applicable Law

14.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

14.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

§15 Consumer Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§16 Redemption of Promotional Vouchers

16.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity, and which cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the Seller's online shop and only during the specified period.

16.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the content of the promotional voucher.

16.3 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

16.4 Only one promotional voucher can be redeemed per order.

16.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

16.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

16.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

16.8 The promotional voucher will not be refunded if the customer returns, in the exercise of their statutory right of withdrawal, goods paid for in full or in part with the promotional voucher.

16.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

§17 Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence. The parties agree that, for all disputes arising from or in connection with this contract, and to the extent permitted by law, the courts at the Seller's registered office shall have exclusive jurisdiction. However, the Seller is entitled to bring proceedings before any other court that otherwise has jurisdiction.