General Terms and Conditions

General Terms and Conditions smok.ch (ASK Group GmbH)

1. general

All services provided by smok.ch for the customer are provided exclusively on the basis of the following General Terms and Conditions. Deviating provisions shall only apply if they have been agreed in writing between smok.ch and the customer have been agreed in writing.

2 Conclusion of contract

2.1 The offers made by smok.ch on the Internet represent a non-binding invitation to the customer to order goods in the online shop.

2.2 By ordering the desired goods on the Internet, the customer submits a binding offer to conclude a purchase contract.

2.3 By accepting the GTC, the customer confirms that he/she is at least 18 years old, regardless of the date of birth entered. We reserve the right to request a copy of the identity card.

2.4 The minimum order value in our shop is 20CHF value of goods (excl. shipping costs)

3 Delivery times

3.1 Provided that all items are available from stock, orders are processed and dispatched within 24 to 48 hours on weekdays. Orders placed at the weekend are usually processed and dispatched on Monday. Delivery takes place exclusively within Switzerland. It is therefore not possible to order from abroad.

3.2 The delivery time within Switzerland is usually 1 to 5 working days. If an item is not available at short notice, we will inform you by e-mail about the expected delivery time.

3.3 In the event of delays in delivery, for example due to force majeure, traffic disruptions and orders from higher authorities, as well as other events for which we are not responsible, no claims for damages can be made against us.

3.4 We have no influence on faulty dispatch by Swiss Post. Our service is deemed to have been provided upon dispatch or delivery information from Swiss Post via the corresponding tracking number of the respective order.

4 Packaging and shipping costs

The shipping costs are in accordance with our information under "Delivery and shipping costs".

5 Payment

5.1 All prices quoted are final prices and include statutory VAT.

5.2 The delivered goods remain our property until full payment has been received. If the agreed payment deadlines are exceeded, we reserve the right to charge reminder and processing fees.

5.3 If payment is made at the post office counter, the fees shall be borne by the customer. The fees incurred shall not be borne by smok.ch and must be added to the invoice amount. The customer must obtain information about the amount of these fees at the relevant post office counter. Orders for which the invoice amount does not match the amount paid will only be dispatched after the missing balance has been paid.

5.4 If a payment is completed and the money for the goods is requested back, we will only offer you a full refund by means of a credit note that can be used generally or you will be deducted 10% of the costs for the refund and the money will be credited to your bank account,

5.6 Return policy Unused items can be returned in their original unopened packaging within 7 days of delivery. The customer bears the shipping costs for the return. Please contact us via the contact form before returning an item.

5.7 Right of cancellation and consequences of cancellation The instructions on your right of cancellation and the consequences of cancellation are attached and form part of these General Terms and Conditions.

5.8 Warranty If transport damage is detected on the goods, the recipient must immediately report the damage to the carrier (shipping service). Other recognisable transport damage must be reported to us in writing within 5 days of receipt of the goods at the latest. We are not liable for defects caused by incorrect handling, normal wear and tear or external influences. If the goods are repaired by the customer or by third parties without our written consent, the warranty claim against us shall lapse.

5.9 The credit card payment option is not available for CBD products.

9 Limitation of liability

9.1 Unless otherwise stated below, any further claims of the customer, irrespective of the legal grounds, are excluded. smok.ch CBD shall therefore not be liable for damage that has not occurred to the delivery item itself; in particular, CBD shall not be liable smok.ch shall not be liable for loss of profit or other financial losses of the customer. Insofar as the contractual liability of smok.ch is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

9.2 The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence or in the event of personal injury. Furthermore, it shall not apply if the customer asserts claims regulated by law. The provisions of the Product Liability Act remain unaffected by this.

9.3 Insofar as smok.ch negligent breach of a material contractual obligation, the obligation to pay compensation for material damage shall be limited to the damage typically incurred.

9.4 If subsequent fulfilment is effected by way of a replacement delivery, the customer is obliged to return the goods first delivered within 30 days to smok.ch at his expense within 30 days.

9.5 Defective goods must be returned in accordance with the statutory provisions. smok.ch reserves the right to claim damages under the statutory conditions.

10 Data protection

10.1 The data transmitted by the customer will be used by us exclusively for processing the orders and will be treated in strict confidence. However, we reserve the right to use the data to check postal accuracy and for credit checks.

10.2 The access data for the customer login, which are transmitted to the customer at the customer's request, must be treated as strictly confidential by the customer as we accept no responsibility for the use and utilisation of this data.

11 Copyright All third-party logos, images and graphics shown are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.

12 Miscellaneous Claims for damages due to articles that are no longer available cannot be asserted against us. We reserve the right to change the prices of individual items.

13. validity of the general terms and conditions With an order the general terms and conditions of smok.ch are recognised. Should any provision of these General Terms and Conditions be invalid for any reason whatsoever, the validity of the remaining provisions shall remain unaffected. Verbal agreements require written confirmation. Unless otherwise regulated by law, the place of fulfilment and jurisdiction is the registered office of smok.ch

Appendix: Cancellation policy

Right of cancellation The customer can cancel the contract within 7 days without giving reasons in writing (e.g. letter, e-mail, fax) or by returning the goods. The cancellation period begins at the earliest upon receipt of these instructions. Timely dispatch of the cancellation or the goods is sufficient to comply with the cancellation period. The cancellation must be sent in writing to the address in the imprint.

Consequences of cancellation: In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If the customer is unable to return the service received in whole or in part or only in a deteriorated condition, the customer must compensate us for the value.

This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection - as would have been possible in a shop, for example. Otherwise, the customer can avoid the obligation to pay compensation by not using the goods as an owner and refraining from doing anything that could impair their value.

In the case of a return from a delivery of goods, the customer must bear the costs of the return.

General Terms and Conditions Purchase on account (MF Group AG)

Purchase on account with instalment facility (MF Group / POWERPAY)

MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you decide not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, in addition to our general terms and conditions, you accept those of POWERPAY. (powerpay.ch/en/agb).

You will receive the invoice free of charge by email. With purchase on account you accept those of POWERPAY (powerpay.ch/en/agb), provided you have a valid e-mail address.