Terms of Service

1.1 These General Terms and Conditions (GTC) apply to all orders placed by customers in the online shop of Tradición Moderna GmbH, Kaiserstraße 60, 60329 Frankfurt am Main.

1.2 The product range in our online shop is exclusively directed at customers who qualify as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e., individuals or entities acting in the exercise of their commercial or independent professional activity when concluding the contract.

1.3 Our deliveries, services, and offers are made exclusively on the basis of these GTC. These GTC shall also apply to all future business relationships, even if they are not expressly agreed upon again. Any terms and conditions of the customer that conflict with or deviate from our GTC are hereby expressly rejected.

2.1 By completing the order process in the online shop, the customer submits a binding offer to purchase. Receipt of the order is confirmed by an automated email acknowledgment. This acknowledgment does not constitute acceptance of the purchase offer. A purchase contract is only concluded when we explicitly accept the customer's offer or by shipping the goods.

2.2 All prices listed in our online shop are net prices and do not include the applicable statutory value-added tax.

2.3 Prices are exclusive of shipping costs, which are specified during the ordering process.

3.1 The available payment methods are displayed to the customer during the ordering process.

3.2 Payments are due no later than 10 days after the invoice date unless otherwise agreed.

3.3 If the customer falls into arrears, we are entitled to charge default interest at the rate of 9 percentage points above the base interest rate, as well as a lump-sum compensation of €40. Further claims remain unaffected.

3.4 If incorrect payment details are provided by the customer, or if a direct debit is returned due to insufficient funds, the customer shall bear the resulting costs.

3.5 If the customer fails to meet their payment obligations, we reserve the right to make further deliveries only against advance payment or to make all outstanding claims due immediately.

4.1 Delivery is made to the address provided by the customer unless otherwise agreed.

4.2 The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the transport service provider. This also applies to partial deliveries.

4.3 Delivery dates and deadlines are non-binding unless expressly agreed otherwise.

4.4 Partial deliveries are permitted, provided they are reasonable for the customer. Additional shipping costs are borne by us.

4.5 If the ordered goods are not available because we have not been supplied by our supplier without our fault, we are entitled to withdraw from the contract. We will inform the customer immediately and refund any payments already made.

5.1 The goods remain our property until all claims from the business relationship have been settled in full.

5.2 The customer is entitled to resell the goods in the ordinary course of business. Claims arising from the resale are hereby assigned to us in the amount of the invoice value. We accept this assignment.

5.3 If the customer processes the goods, we acquire co-ownership of the new item in proportion to the value of the goods to the other processed items.

6.1 Warranty claims are governed by the statutory provisions, unless otherwise specified below.

6.2 The customer must inspect the goods immediately upon receipt and report any obvious defects in writing within 7 days. Failure to do so will void warranty claims.

6.3 In the case of justified defects, we will, at our discretion, remedy the defect or deliver replacement goods.

6.4 The warranty period is one year from the date of delivery, except for damages arising from injury to life, body, or health, or in cases of intent or gross negligence.

7.1 All prices include the applicable tobacco tax, which is disclosed separately during the ordering process.

7.2 The cigars sold in our online shop comply with the statutory requirements of the Tobacco Product Ordinance (TabakerzV), including the required health warnings on the packaging.

7.3 The sale of tobacco products is exclusively permitted to business customers who are of legal age. The customer is obligated to ensure that the products are not passed on to minors.

7.4 The tobacco products are part of the Track & Trace system as required by the EU Tobacco Products Directive. Each product bears an individual identifier for traceability.

8.1 We are fully liable for intent, gross negligence, and damages arising from injury to life, body, or health.

8.2 For slight negligence, we are only liable for breaches of essential contractual obligations (cardinal obligations). Liability is limited to typical and foreseeable damages at the time of contract conclusion.

8.3 Further liability is excluded to the extent permitted by law.

9.1 German law shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9.2 The place of jurisdiction for all disputes arising from or in connection with these GTC is Frankfurt am Main, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.

9.3 Should any provision of these GTC be invalid, the remaining provisions shall remain unaffected.