Terms and conditions
1. Field of Application
These general terms and conditions are valid for all business between Micropac GmbH and its customers, as in the published version, legally binding at the time & date the contract was entered into.
2. Contract Formation
Your order represents to us a proposal to begin of a sales contract. When you make an order at www.BlackLeaf.de, we will send you an (Order Confirmation) E-mail, to confirm that we received your order and to list its contents. This order confirmation does not represent an acceptance of your order, it only serves as an information that your order has
been received by us. A sales contract is only entered into when, we ship to you the products you ordered. This is accompanied with a second (Delivery Confirmation) E-mail. The sales contract only covers the products in the (Delivery Confirmation) email and not any that may not be available, in the (Order Confirmation) E-mail.
Please note that we only sell all our products in common household quantities. This refers to both the number of products in the content of a single order and to placing multiple orders of the same product, in which the single orders contain common household quantities.
3. Cancellation Policy
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Mircopac GmbH, Bonner Str 11a in D-53773 Hennef, firstname.lastname@example.org, Phone number: + 49 2242 87 41 61 23) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than – (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Unless otherwise agreed, the warehouse of micropac GmbH will ship to the customers delivery address. Please note that all Information concerning availability, dispatch or delivery of a product are only anticipated data and represent approximate guidelines. They do not represent contractually binding agreements, with respect to guaranteed dispatch times or delivery dates, unless indicated in the shipping options of each product and is expressly designated as a binding condition. Should we note during the processing of your order, that products ordered by you are not available, you will be informed via a separate E-mail. ASAP
If delivery to the orderers designated address is not possible, due to the orderer not be reachable at the delivery address provided by him or her, although he or she has been informed of the expected scheduled delivery date, within a reasonable period of time, the orderer will need bear the costs of unsuccessful delivery.
5. Due Date and Payments
The orderer may pay the purchase price in advance or any time after making the order. Orders are automatically cancelled should there be no receipt of the owed money, into our bank account within 14 days from the date order has been placed.
6. Offsetting and Retention
The orderer has the right offsetting, only if his or her counter claims have been established as legally valid, or are undisputed by micropac GmbH. Furthermore he or she is only authorised to exert the right to retention, insofar as his or her counter claim is based on the same contract.
All prices contain the respective sales tax.
8. Reservation of Ownership
The delivered goods will stay property of micropac GmbH until full payment has been
9. Liability for Defects
In case of defective goods the legal regulations apply and charges to the orderer are excluded.
If the supplementary remittance (under uniform commercial code) has resulted in compensation for the delivery, the orderer is obligated to send back the original delivery within 30 days at the expense of micropac GmbH. The return of the defective goods has to be made within legal regulations. The micropac GmbH reserves the right to indemnity within legal regulations.
The statue of limitation is 2 years calculated from the date of delivery.
The micropac GmbH company has unlimited liability, if the cause of damage is due to malice or wanton negligence.
Furthermore micropac GmbH is liable for negligent violated essential obligations, whose violation endangers the fulfilment of the purpose of the contract, or whose violation of obligations that make the proper execution of the contract possible in the first place and on whose adherence you trust on a regular basis. In this case the micropac GmbH is only liable for foreseeable contract typical damage. micropac GmbH is not liable for less negligent violated obligations other than the above mentioned.
The before mentioned restrictions of liability are not applicable for damage to life, body and health, for a defect after having given a guarantee for state of a product and for guilefully concealed defects. Liability according to product liability law remains unaffected.
In cases where liability of the micropac GmbH is excluded or limited, this includes the personal liability of employees, agents and various agents.
10. Acquisition of Personal Data
Information and data we receive from you, helps us to personalise your shopping experience at www.BlackLeaf.de and to constantly improve its usability. We use this information for the processing of orders, the delivery of goods and the performance of services as well as the processing of your payment. we also use your information to communicate with you about products, orders and marketing offers furthermore to update and maintain our records. We also use your information to improve our platform and to prevent or discover misuse of our websites.
11. Applicable Laws
German laws apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG)
12. Youth Protection
The sale of our products is exclusively intended for customers of legal age.
Orders may only be made by customer that have assured us, that they are at least 18 years old, as well as having given their correct name and address.
The customer has to ensure us, that only they or another authorised persons of legal age is to take delivery of any ordered goods.
In case of orders placed by underage minors we will revoke the contract according to § 109BGB.
In case of orders placed under false pretences i.e by persons under age, the customer is liable in full, according to legal regulations, for all incurred loses and or damages.
If your order includes goods of which the sale is subject of age restrictions, we will ensure that the customer has attained the required minimum age by using a reliable process. That involves a personal identity and age verification. The deliverer passes the goods only after the successful age check and only to the customer personally.
While all the products sold on our www.blackleaf.de website are legal in Germany, in certain countries, like; North Korea, Malaysia, USA, Australia, or Abu Dhabi they may not be. The onus is on you, the customer, if your ordering smoking paraphernalia, to inform yourself about your local and national, import and custom regulations before ordering and you certify that the import to your country of the products ordered is legal. We cannot provide any information on the legal status of a product in any other country. By placing an order at Black Leaf Paraphernalia www.blackleaf.de (a micropac GmbH company) you accept all responsibilities regarding the legality of the products that will be shipped to you. We are not able to offer refunds should your ordered products be seized.
We do not encourage the illegal use of our products. We strongly advise you to consult your lawyer, if you have any doubts.
No, cease & desist warnings or orders will be excepted without prior written contact with us!
Should any content or design of our web page infringe on legal regulations or third-party rights, we require an appropriately descriptive letter, without notice of fees or charges. The removal of any legally violating material, originating on our webpages can not be enacted by the rights owner, themselves without our prior permission.
Rightfully objected to infringements will be removed by us immediately. Calling in a legal counsel is unnecessary for you.
Any incurred costs you have without previously contacting us we will fully reject an as the circumstances require a countersuit for infringement of the regulations named above.
14. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure on a consumer arbitration board.
General Terms and Conditions
For participating in the contest of the Micropac GmbH, Bonnerstr. 11a, 53773 Hennef.
1. Scope of the contest
1.1 The general terms and conditions (hereinafter "GTC") shall apply for the participation in online contests (hereinafter "contests") of the Micropac GmbH (hereinafter "Micropac").
2.1 Eligible are all persons who are at least 18 years old at the time of participation.
2.2 Legal representatives and employees of Micropac and the participating sponsors of the prices and/or advertising partners respectively event partners and their relatives as well as organised contest sites / contest clubs or the like and their members are excluded from the participation.
2.3 Multiple entries (manual or automatized) are excluded from the sweepstake.
2.4 The winner will be notified personally via Facebook or email. Micropac reserves its right to publicize the name of the winner on the contest website. The participants comply with the publication of their names for this purpose.
2.5 Micropac has the right to disqualify participants without giving reasons or to exclude them from future participation in contests, especially when they infringe general terms and conditions of participation respectively disrupt and / or manipulate or try to manipulate the course of the contest in one way or another, particularly technical processes and / or otherwise try to influence the sweepstake in an unfair way.
2.6 The participation and the chance of winning do not depend on the purchase of products or the usage of nongratuitous /gratuitous services of Micropac or the consent of the participant, to receive information about products and offers of Micropac.
2.7 The right of appeal as well as the pay out of the prizes in cash are excluded.
3.1 Micropac does not guarantee that the contest service respectively the prevailing contest web page is available at any time and that the web page is available for the participants respectively accurate as regards content or technically without defects.
3.2 Micropac assumes no liability for prizes from the time when the prizes are posted.
4. Privacy and right of withdrawal
4.1 As far as the participant does not give additional consent for the further processing and use of the participant's information including personal data given in the context of participating in the contest, they are exclusively saved, processed and used for the purpose of the contest (in particular execution and evaluation of the contest as well as determination of the winner) by Micropac electronically in machine-readable form. In the case of the involvement of a co-operation partner in the contest, Micropac reserves its right to pass the winners data for the purpose of distribution of the prize (in particular to post the prize) to the co-operation partner. Beyond that, the data of the winner is transferred in the framework of statutory provisions for accounting purposes to the appropriate authorities. Micropac saves the data only as long as necessary and according to the law.
4.2 With the acquisition, processing and using of the personal data of the participant, Micropac acts conform to the applicable data privacy laws. The participant can withdraw the consent for saving or using the participant's data via email (at email@example.com) at any time. With the deletion of the data, the participation in the contest is excluded. If statutory safekeeping periods are against a deletion, the data is blocked for further use upon deletion request until the deletion impediments discontinue.
5. Advice and conditions concerning contests on social media platforms (such as Facebook, Instagram and Twitter)
5.1 Next to the GTC contest / data protection regulations, the relation between the organiser, the participant and the social media platform is regulated by the conditions of participation of the respective social media platform and the data protection regulation of the respective social media platform: the participant cannot assert any claims in the respective social media platform which arise in association with the use of the contest application or participation in the contest.
5.2 The participant acknowledges that the contest application as well as the contest is in no way sponsored, supported or organised by, nor affiliated with the social media platform.
5.3 All information and data which are disclosed by the usage of contest application or in connection with the contest by the participants or levied by the participants are exclusively procured to the organiser and not to the respective social media platform.
5.4 All inquiries and information concerning the contest have to be addressed to the organiser and not to the social media platform.
5.5 The participant ensures that all contents uploaded by the participant or contents linked with the contents which are linked or embedded by the participant do not violate existing law. In particular, the participant ensures that the submitted online entries do not contain offenses, false facts, competition, trademark or copyright infringements. Checkups are not made by Micropac. Micropac is not liable for infringements named above, the participant solely assumes liability. The participant indemnifies Micropac from all claims asserted in this context by third parties.
6. Final clause
6.1 Deviations from these GTC need to be made in writing to be legally effective. The same shall apply to any waiver of this written-form requirement.
6.2 Should single terms of these GTC be or become legally void and / or unenforceable, the validity of the GTC apart from that remain unaffected.
6.3 Place of fulfilment and place of jurisdiction for corporate bodies and business people is, as far as an agreement about this is legal, Siegburg. Micropac reserves the right to prosecute the participant also at the participant's residence and arraign the participant in any competent court domestic and abroad.
Your data & privacy
The use of our website is usually possible without providing personal information. As far as on our sides personal data (for example name, address or eMail address) are raised, this takes place, as far as possible, always on a voluntary basis. These data will not be disclosed to third parties without your explicit consent. Please note that data transmission over the Internet (for example, when communicating via e-mail) may have security vulnerabilities. A complete protection of the data from access by third parties is not possible.
The use of contact data published in the context of the imprint obligation by third parties for sending unsolicited advertising and information materials is hereby expressly excluded. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.