Terms and Conditions
Welcome to EurVapes. These Terms and Conditions (“Terms”) apply to purchases made from the EurVapes business operating in Germany and govern your access to and use of our website, products, and related services.
In these Terms, “EurVapes,” “we,” “us,” and “our” refer to the EurVapes business identified in the Legal Notice (Impressum) published on this website. “You” and “customer” refer to any person who visits our website, places an order, or uses our services.
By placing an order, you agree to these Terms together with our Privacy Policy, Cancellation Policy, Returns Policy, and other policies expressly incorporated into the contract.
These Terms do not restrict any mandatory rights available to consumers under German or applicable European Union law.
1. Consumers and Business Customers
A “consumer” is a natural person who enters into a transaction primarily for purposes that cannot be attributed to that person's commercial or independent professional activity.
A “business customer” or “entrepreneur” is a natural or legal person, or a partnership with legal capacity, acting in the course of its commercial or independent professional activity.
Provisions expressly referring to consumers apply only to consumer contracts.
2. Minimum Age and Age Verification
Vaping products, including nicotine-free electronic cigarettes and related containers, may be purchased only by customers aged 18 or over.
By placing an order, you confirm that you are at least 18 years old and that you are not purchasing products for a child or young person.
We may perform age-verification checks during checkout, before dispatch, or upon delivery. We may request valid proof of age and may refuse or cancel an order if age verification cannot be completed or if we reasonably believe that the purchaser or intended recipient is under 18.
3. Compliance With Local Laws
If you order products for delivery outside Germany, you are responsible for checking whether their purchase, importation, possession, and use are permitted in the destination country.
We do not guarantee that every product displayed on our website may lawfully be purchased, imported, or used in every destination.
This provision does not exclude responsibility where we have expressly agreed to deliver goods to a particular destination and applicable law places the relevant obligation or delivery risk on us.
4. Formation of the Contract
The presentation of products on our website does not constitute a legally binding offer. It allows you to submit an order for the products placed in your shopping cart.
Before submitting an order, you will have an opportunity to review and correct your order information. By selecting the button that clearly indicates an obligation to pay, you submit a binding offer to purchase the products in your order.
An automated acknowledgement confirms that we have received your order but does not necessarily constitute acceptance. A contract is formed when we expressly accept the order, confirm its dispatch, or dispatch the ordered products.
We may refuse an order for an objective reason, including where:
- The product is unavailable;
- Payment cannot be authorised or identified;
- Age verification cannot be completed;
- There is an obvious pricing or product-description error;
- Delivery to the requested destination is unavailable or unlawful;
- We reasonably suspect fraud, misuse, or an unlawful purchase; or
- The order exceeds reasonable personal-use quantities.
If we do not accept an order after receiving payment, we will refund the relevant amount using the original payment method unless another method has been expressly agreed.
Missing Order Confirmation
If your payment has been processed but you have not received an order confirmation, please contact Customer Support and provide:
- A screenshot or other proof of payment;
- Your full name;
- Your delivery address;
- Your email address; and
- Your order number, if available.
Bank Transfer Payments
If you pay by bank transfer, please send us proof of payment or your order number by email or WhatsApp so that we can identify and process the payment.
Processing or delivery may be delayed if the information provided is insufficient to match the transfer to the relevant order.
5. Prices and Payment
Unless expressly stated otherwise, prices displayed to consumers include applicable statutory value-added tax. Delivery charges and any other additional costs will be displayed separately before you submit an order.
For international deliveries, import duties, local taxes, customs-clearance charges, and similar charges may be payable by the recipient unless they are expressly included in the checkout price.
We take reasonable care to ensure that prices are correct. If an obvious pricing error occurs, we may refuse the affected order or contact you to ask whether you wish to place a new order at the correct price.
6. Order Changes and Cancellations Before Dispatch
If you need to change your delivery address, amend your order, or request a cancellation, please contact us before 15:00 on the date the order is placed.
We cannot guarantee that an amendment will be possible after an order has entered processing or been dispatched. This does not affect a consumer's statutory right of withdrawal.
7. Product Information and Availability
Products may be available exclusively online and may be subject to limited availability. We make reasonable efforts to display descriptions, specifications, prices, and availability accurately.
Product colours may vary depending on the display device. Manufacturers may update packaging or non-material product details without prior notice, provided that the product continues to conform to the contract and applicable law.
We may correct errors or omissions on the website. Corrections will not reduce your contractual or statutory rights.
8. Promotions and Discounts
Promotions and discount codes apply only to eligible products during the stated promotional period and are subject to the conditions displayed with the offer.
Unless expressly stated otherwise, promotions cannot be combined, exchanged for cash, or applied retrospectively.
Promotional or discounted products remain subject to the same statutory rights concerning defects and conformity as full-price products.
9. Delivery
Available delivery methods, charges, and estimated delivery times will be displayed during checkout.
You are responsible for providing a complete and accurate delivery address. Please notify us promptly if you discover an error. We cannot guarantee that an address can be changed after an order has been processed or dispatched.
Delivery timeframes are estimates unless we expressly agree to a binding delivery date. Statutory rights arising from delayed or failed delivery remain unaffected.
Transfer of Risk
When goods are sold to a consumer, the risk of accidental loss or damage generally transfers when the consumer, or a third party nominated by the consumer other than the carrier, receives the goods.
Lost Parcel Investigations
If a parcel appears to be lost, please contact us promptly. We may open an investigation with UPS, DHL, Chronopost, DPD, or another delivery provider.
Courier investigations may take several weeks. We will keep you informed of material updates. A courier's investigation does not suspend or restrict any mandatory rights you may have against us concerning delivery, replacement, cancellation, or reimbursement.
Collection Points
If a parcel is delivered to a collection point, you must collect it within the timeframe stated by the delivery provider.
If you fail to collect a parcel and it is returned to us, we may charge only those reasonable and evidenced costs that we are legally entitled to recover. No charge will apply where the failure resulted from our error or the delivery provider's error.
Failure to collect a parcel does not by itself constitute a valid exercise of the statutory right of withdrawal. If you wish to withdraw from the contract, you should send us a clear withdrawal declaration.
International Customs
Customers requesting delivery outside Germany should check applicable import and customs rules, particularly for destinations such as Denmark and Switzerland where specific restrictions may apply to vaping products.
To the extent permitted by law, we are not responsible for customs delays, rejected imports, or confiscation caused by restrictions in the destination country or by the customer's failure to comply with local import requirements.
10. Statutory Right of Withdrawal
If you are a consumer entering into a distance contract, you generally have the right to withdraw from the contract within 14 days without giving a reason.
For a contract concerning the delivery of goods, the withdrawal period generally begins on the day on which you, or a third party nominated by you other than the carrier, receives the goods. Special rules may apply where goods from one order are delivered separately or in multiple shipments.
To exercise the right of withdrawal, you must inform us of your decision by means of a clear statement before the withdrawal period expires. You may use the statutory model withdrawal form, but its use is not mandatory.
Complete withdrawal instructions, the return address, and the model withdrawal form must be consulted in our separate Cancellation Policy (Widerrufsbelehrung).
Return Following Withdrawal
After declaring withdrawal, you must return the goods without undue delay and no later than 14 days after informing us of your decision, unless we have offered to collect them.
You bear the direct cost of returning the goods if we informed you of this responsibility before the contract was concluded. We recommend using a tracked delivery service and retaining proof of dispatch.
Refund Following Withdrawal
We will reimburse eligible payments without undue delay and no later than 14 days after receiving your withdrawal declaration.
For contracts concerning goods, we may withhold reimbursement until we have received the goods or you have provided evidence that you returned them, whichever occurs first.
The reimbursement will include the cost of our least expensive standard delivery option. Additional costs resulting from your choice of a more expensive delivery method will not be reimbursed.
We will use the same payment method used for the original transaction unless another method is expressly agreed and does not result in additional costs to you.
Diminished Value
You are responsible for any diminished value resulting from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to sealed goods that are not suitable for return for health-protection or hygiene reasons if their seal was removed after delivery, where the statutory exception applies.
Depending on their condition and packaging, this exception may apply to sealed mouth-contact products, e-liquids, pods, disposable vaping products, coils, or similar products after the health or hygiene seal has been removed.
Opening the outer delivery parcel does not by itself remove your right of withdrawal. An exception will apply only where the legal requirements are satisfied.
11. Voluntary Returns
Any voluntary return policy offered by EurVapes is additional to your statutory right of withdrawal and statutory rights relating to defective goods.
Products returned under a voluntary change-of-mind policy must generally be unused, complete, and in their original packaging.
Clearance, Sale, and Non-Refundable Products
Clearance, sale, and discounted products remain subject to statutory withdrawal and defect rights.
A “final sale” or “non-refundable” label may restrict only an additional voluntary return policy. It does not remove statutory rights where a product is defective, incorrectly supplied, incorrectly described, or otherwise non-conforming.
12. Statutory Rights Concerning Defective Goods
Goods supplied to consumers must conform to the contract and satisfy the applicable legal requirements.
If a product is defective, damaged, incorrectly supplied, or otherwise non-conforming, you may be entitled to statutory remedies. These may include subsequent performance through repair or replacement and, where the applicable legal requirements are satisfied, a price reduction, termination of the contract, reimbursement, or damages.
Statutory defect claims for new goods are generally subject to a limitation period of two years beginning upon delivery. Different rules may apply in individual cases.
Any commercial guarantee or voluntary return period is additional to your statutory defect rights and does not replace, shorten, or restrict them.
13. Products Leaking on Arrival
If a product arrives leaking inside its parcel or packaging, please contact us as soon as possible, preferably within 48 hours after delivery.
Please provide:
- Your original order number;
- Clear photographs of the affected product;
- Photographs of the inside and outside of the parcel;
- Photographs clearly showing the leakage;
- A short video showing the issue, where possible; and
- The batch number or product code, where available.
Please retain the product and its packaging until the claim has been assessed. We may require the product to be returned for inspection.
The requested 48-hour reporting period helps us preserve evidence and submit a claim to the delivery provider. Failure to report within 48 hours does not automatically exclude or reduce your statutory rights.
14. Leakage After Use
If a product begins leaking after use, please contact Customer Support as soon as reasonably possible.
Please provide:
- Your original order number;
- Clear photographs of the product;
- A short video showing the leakage;
- The date or approximate time when the issue began; and
- Details of how the product was used and stored.
Please do not dispose of the product. We may need to inspect it before determining the appropriate remedy.
Our request that leakage be reported promptly, or preferably within seven days after it is discovered, does not shorten the statutory limitation period or otherwise restrict statutory defect rights.
15. Burnt Taste Claims
If a product develops a burnt taste, please contact Customer Support and provide your order number, details of the issue, and supporting photographs or video where possible.
A burnt taste may result from circumstances including:
- Dry hitting;
- Failure to prime a coil or pod correctly;
- Incorrect device settings or use;
- Improper storage or handling; or
- Failure to follow the manufacturer's instructions.
We may inspect the product to determine whether the issue resulted from a product defect or from misuse, accidental damage, improper handling, normal wear and tear, or failure to follow the manufacturer's instructions.
The result of an inspection will not restrict any statutory remedy to which you are entitled.
16. Manufacturer Guarantees
Some products may be covered by an additional guarantee provided by the manufacturer. The guarantee conditions will identify the guarantor, duration, territorial scope, and procedure for making a claim.
Rights under a manufacturer's guarantee exist in addition to your statutory rights against the seller. A manufacturer guarantee does not replace or restrict those statutory rights.
17. Return Shipping
Please contact us before returning a product so that we can provide the correct return address and instructions.
Where we provide a prepaid label or designate UPS as the return provider, please follow the accompanying instructions. Using a particular delivery provider will not be required where doing so would unlawfully restrict your statutory rights.
You bear the direct cost of a withdrawal return if you were properly informed of that responsibility before entering into the contract.
Where goods are defective or otherwise non-conforming, return and transport costs will be allocated in accordance with applicable law.
18. Website Information
We make reasonable efforts to keep website information accurate and current. Information may occasionally be incomplete, outdated, or inaccurate.
General website information is provided for informational purposes and does not constitute medical, legal, or other professional advice.
19. Third-Party Services and Links
Our website may provide links to or integrate services supplied by third parties, including payment and delivery providers.
We do not control independent third-party websites and are not responsible for their separate content, availability, security, or privacy practices. This provision does not exclude responsibility for third parties that act as our agents or fulfilment partners where applicable law makes us responsible for their conduct.
20. Prohibited Uses
You must not use our website or services:
- For an unlawful or fraudulent purpose;
- To purchase regulated products for anyone under 18;
- To violate applicable laws or the rights of another person;
- To submit false, misleading, abusive, or harmful content;
- To transmit malware, viruses, or harmful code;
- To interfere with the operation or security of the website;
- To collect information about others without lawful authority; or
- To bypass age-verification, payment, or security measures.
We may restrict access to the website or refuse future orders where we reasonably believe that these rules have been materially breached.
21. Conduct Toward Customer Support
Threats, harassment, discrimination, and abusive conduct toward our staff will not be tolerated.
We may limit communication channels or take reasonable protective measures where necessary. Serious threats or unlawful conduct may be reported to the relevant authorities.
This section does not affect our obligation to process an existing order, cancellation, withdrawal, refund, or statutory claim in accordance with applicable law.
22. Privacy
Personal data submitted through our website is handled in accordance with our Privacy Policy. Please review that policy for information about how we collect, use, retain, and share personal data and how you may exercise your data-protection rights.
23. Liability
We have unlimited liability for damage caused intentionally or through gross negligence, for injury to life, body, or health, and in any other case where liability cannot legally be excluded or limited.
We also remain liable in accordance with the German Product Liability Act and for any expressly assumed guarantee.
In cases of slight negligence, we are liable for breach of a material contractual obligation whose performance is essential to the proper fulfilment of the contract and on which the customer may normally rely. In such cases, liability is limited to damage that was typical and reasonably foreseeable when the contract was concluded.
Subject to the preceding paragraphs, liability for slight negligence is excluded to the extent permitted by law.
24. Changes to These Terms
We may update these Terms for future transactions by publishing a revised version on our website.
Changes will not retrospectively alter contracts already concluded unless the change is required by law or expressly agreed with the customer.
25. Severability
If an individual provision of these Terms is invalid or unenforceable, the remaining provisions will continue to apply.
The invalid provision will be replaced by the applicable statutory rule. This section does not limit statutory rules governing the validity of standard contract terms.
26. Governing Law
These Terms and contracts concluded through our website are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If you are a consumer whose habitual residence is outside Germany, this choice of law does not deprive you of any mandatory consumer protection provided by the law of your country of habitual residence.
27. Jurisdiction
If you are a consumer, the courts having jurisdiction will be determined by applicable statutory law. Nothing in these Terms requires a consumer to bring proceedings exclusively in Germany where another court has jurisdiction under mandatory law.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the courts at our registered place of business in Germany will have jurisdiction to the extent permitted by law.
28. Contact Us
If you have questions about these Terms, wish to exercise your right of withdrawal, or need assistance with an order, please contact us:
- Email:[email protected]
- WhatsApp: +86 177 4492 8098
The legal name, German business address, authorised representative, registration details, and VAT identification number of the website operator are provided in our Legal Notice (Impressum).