Terms & Conditions
1. Scope
These Terms & Conditions apply to all orders placed by consumers and businesses via the online shop of Smoky GmbH.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. A business is any natural or legal person or partnership with legal capacity acting in the exercise of its commercial or self-employed professional activity when entering into a legal transaction.
2. Contracting Party
The purchase contract is concluded with:
Smoky GmbH
poststr. 5/1
69115 Heidelberg
Represented by: Hani Henkel
Email:info@smokyhotbox.de
3. Offer and Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
By clicking the button to complete the ordering process, the customer submits a binding offer to purchase the goods contained in the cart.
The contract is concluded only when we expressly accept the order by email or dispatch the goods.
Receipt of the order is confirmed to the customer without undue delay by email. An automatic order confirmation merely documents receipt of the order and does not yet constitute acceptance of the contractual offer unless acceptance is expressly declared therein.
4. Contract Language and Storage of Contract Text
The language available for the conclusion of the contract is German.
We store the contract text within the framework of statutory provisions. The order data and these Terms & Conditions are made available to the customer during the ordering process. After completion of the order, the contract text is not necessarily accessible online to the customer again.
5. Prices and Shipping Costs
All prices stated in the online shop are final prices in euros and include statutory VAT unless stated otherwise.
Shipping costs may be charged in addition to the stated product prices. The applicable shipping costs are clearly communicated to the customer during the ordering process.
6. Payment
The payment methods indicated in the online shop are available to the customer.
The payment instrument is charged depending on the selected payment method at the time of conclusion of the contract, dispatch, or at the point stated in the ordering process.
We reserve the right not to offer certain payment methods in individual cases or to refer the customer to other payment methods.
7. Delivery and Delivery Conditions
Delivery is made to the delivery address specified by the customer within the delivery areas offered in the online shop.
Unless otherwise agreed, delivery is made ex warehouse to the delivery address specified by the customer.
If the ordered product is unavailable because we are not supplied with this product through no fault of our own, we may withdraw from the contract. In this case, the customer will be informed without undue delay and any consideration already provided will be refunded without undue delay.
If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item passes to the customer only upon delivery of the goods. If the customer is a business, the risk passes to the customer upon handover to the transport company.
8. Retention of Title
The goods remain our property until full payment has been made.
9. Age-Restricted Products / Youth Protection
To the extent that products are offered in the online shop whose purchase is permitted only for adults, such products are supplied exclusively to adult customers.
By completing the order, the customer confirms that they have reached the legally required minimum age and that the information provided regarding age and identity is correct.
We reserve the right to carry out or have carried out an appropriate age and identity check before the conclusion of the contract or before delivery. If a required check cannot be completed successfully, no contract shall be concluded or we shall be entitled to withdraw from the contract.
Age-restricted goods are handed over only in accordance with the applicable legal requirements.
10. Right of Cancellation
Consumers generally have a statutory right of cancellation for distance selling contracts.
Details of the right of cancellation are set out in the separate cancellation policy made available in the online shop and during the ordering process.
11. Warranty Rights
The statutory warranty rights apply.
For businesses, in contracts for the delivery of new goods, the limitation period for warranty claims is one year from the transfer of risk, to the extent permitted by law and unless mandatory statutory provisions provide otherwise.
12. Liability
We are liable without limitation for damages arising from injury to life, body or health resulting from an intentional or negligent breach of duty by us, our legal representatives or vicarious agents.
For all other damages, we are liable without limitation only in cases of intent and gross negligence. In cases of simple negligence, we are liable only for the breach of an essential contractual obligation, the fulfilment of which is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely. In this case, liability is limited to the typical foreseeable damage under the contract.
Liability under the German Product Liability Act remains unaffected.
13. Vouchers and Promotional Codes
If vouchers or promotional codes are issued, they may only be redeemed within the specified period and only under the communicated conditions.
Cash payment of vouchers or promotional codes is excluded unless expressly agreed otherwise.
14. Set-Off and Right of Retention
The customer is entitled to set-off only if their counterclaims have been finally adjudicated or are undisputed.
The customer may exercise a right of retention only insofar as the claims arise from the same contractual relationship.
15. Final Provisions
If the customer is a business, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us shall be our registered office, unless an exclusive statutory place of jurisdiction exists.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
Should individual provisions of these Terms & Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
Updated: 1 April 2026