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Terms & Conditions


1. Scope 
The following general terms and conditions apply to all orders through our online shop made by consumers and contractors.

A consumer is any natural person who completes a legal transaction for purposes that cannot primarily be attributed to commercial or independent occupational activities. A contractor is a natural or legal person or a legal partnership that acts on its commercial or independent occupational activities by completing a legal transaction.

These general terms and conditions also apply to future business relationships with contractors without having to refer to this again. If the contractor uses opposing or amending general terms and conditions, their validity is hereby contradicted; they only become a part of the contract if we have explicitly agreed to them.


2. Distribution partner, conclusion of contract 
The purchase contract is realized with: The Poolhouse Compagnie UG (limited).

By placing products in the online shop, we provide a binding offer for the conclusion of a contract for this article. You can initially place our products in your shopping cart and correct your information at any time before sending your binding order by using the correction aids explained in and designated for the order process. The contract materializes by you accepting the offer for the merchandise in your shopping cart by clicking on the order button. Directly after sending the order, you will receive a confirmation by email.

A binding contract may already materialize before this:

- If you have selected credit card payment, the contract is materialized at the time the credit card is charged. 
- If you have selected the PayPal payment method, the contract is materialized at the time you confirm the payment to PayPal. 
- If you have selected the advanced payment method, the contract materializes at the time of confirmation of the received payment on our account. 
- If you have selected the "Sofort" transfer method, the contract materializes at the time of confirmation of the payment to "Sofort". 
- If you have selected the Amazon Payments payment method, the contract materializes at the time of confirmation of the payment to Amazon. 

The languages available for the conclusion of the contract are German and English.

We save the contract text and send the order data and our general terms and conditions to you by email. You can also view the general terms and conditions at any time on this site. Due to security reasons, your previous orders are no longer accessible through the Internet.

Please note: Only one voucher/discount code can be applied per order. Multiple discounts will not be granted or credited after purchase.


3. Delivery conditions 
Delivery costs are due in addition to the specified product prices. You will find out more information about the amount of the delivery costs with the offers.

You also have the option of a pick-up at The Poolhouse Compagnie during the following business hours:
For the currently valid business hours, please contact us by telephone under +49 2600 6458 or by email: shop(at)smukkett.com
We do deliver to "DHL Packstations".

4. Payment 
You can choose between the following payment methods in our shop:
Advance payment
With this payment method, we provide you with our bank account in the order confirmation and deliver the merchandise after the payment has been received. No additional costs if advance payment is chosen.
Credit card 
Your credit card will be charged as soon as the order is completed. 
Bei Auswahl der Zahlungsart Kreditkarte fallen zzgl. 5,95 Euro als Kosten an.
PayPal 
You can pay the invoice amount through the online provider PayPal. You do not have to be registered here or you can first register, log in with your access data and confirm the payment to us. You will receive further information during the order process.
SOFORT transfer
Here you pay the invoice amount through your bank's online banking, which you will be forwarded to during the order process. You log in as usual, for example, with your account number and PIN and then you can authorize your payment with a TAN. Your bank must participate in the SOFORT process.
No additional cost if SOFORT transfer is chosen.
Amazon Payments 
You can pay the invoice amount through the online provider Amazon. You have to be registered here or you can first register, log in with your access data and confirm the payment to us. You will receive further information during the order process. 
No additional cost if Amazon Payments transfer is chosen.



5. Right of revocation 
Consumers are entitled to the legal right of revocation as described in the revocation instructions. Contractors are not granted a voluntary right of revocation.


6. Retention of title 
The merchandise remains our property until complete payment has been made.

Additionally, the following applies to contractors: We retain ownership of the merchandise until the complete settlement of all claims from a current business relationship. You may sell the reserved goods in proper business operations; all claims arising from this resale - independent of a connection or mixture of reserved goods with a new matter - will be rescinded to us in the amount of the invoice in advance and we accept this cession. You are entitled to collect the claims, however, we may also collect claims independently provided that you do not fulfill your payment obligations.


7. Transport damage 
The following applies to consumers: If merchandise with obvious transport damage is delivered, please report such problems immediately to the delivery agent and please contact us immediately. The failure to lodge a complaint or contact has absolutely no consequences for your legal claims and their implementation, in particular your warranty rights. However, you can help us assert our own claims against the carrier or transport insurance company.

The following applies to contractors: The risk of accidental destruction and accidental damage is transferred over to you as soon as we have delivered the goods to the carrier, shipping company or person or company in charge of delivery. Between business people, the obligation of inspection and reporting regulated in § 377 HGB applies. If you do not provide a notification regulated here, the goods are seen as accepted unless it is a defect that was not noticeable during the inspection. This does not apply if we maliciously did not disclose a defect.


8. Warranty and guarantees 
If nothing different is agreed upon explicitly in the following, the legal warranty rights apply.
For consumers, the expiration period for claims of defect for used goods is one year after delivery of the merchandise.
For contractors, the expiration period for claims of defect is one year starting with the transfer of perils; the legal expiration periods for the recourse claim according to § 478 BGB remain unaffected by this.
For contractors, only our own specifications and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the properties of the merchandise; we do not take over any liability for public statements from the manufacturer or their advertisements.
If the delivered object is defective, we will initially choose to satisfy the warranty either by repairing the defect (repair) or by delivering a proper object (replacement delivery).
The previous restrictions and period limitations do not apply to claims due to damages that were caused by us, our legal representatives or agents
- in the event of death, physical harm or health problems 
- in the event of an obligation violation due to intent or gross negligence as well as bad faith 
- in the event of a violation of significant contract obligations, the fulfillment of which is required for the proper execution of the contract and the compliance of which the contract partner may regularly depend on (cardinal obligations) 
- within the scope of a guarantee promise, provided agreed upon provided the area of application of the product liability act is opened. You can find information about the additional applicable guarantees and their exact conditions with the product and on special information pages in the online shop.
Customer service: You can reach us by telephone on workdays from 9 AM to 5 PM (CET) under the number: +49 511 2600 6458 or by email: hello@smukkett.com



9. Liability 
For claims due to damages that are caused by us, our legal representatives or agents, we are always liable without restriction

- in the event of injury, death or health problems 
- in the event of an obligation violation due to intent or gross negligence 
- in the event of guarantee promises, provided agree upon provided the area of application of the product liability act is opened.

In the event of a violation of significant contract obligations, the fulfillment of which is required for the proper execution of the contract and the compliance of which the contract partner may regularly depend on (cardinal obligations) through slight negligence by us, our legal representatives or aids, the liability is limited to the amount of predictable damage upon the conclusion of the contract that should typically be expected.

All other claims for compensation are ruled out.


10. Final clause 
If you are a contractor, then German law applies under exclusion of the UN Sales Convention.

If you are a business person in terms of the commercial code, legal person of public law or public-legal special asset, the exclusive jurisdiction for all disputes from the contract relationships between us is our corporate headquarters.