Terms of business

1. Scope and contracting party

These General Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB) govern all contracts concluded through this website between VAPEXXL GmbH, Landsberger Allee 117, 10407 Berlin, Germany ("we", "us") and the customer ("you"). Conflicting terms of the customer do not apply unless we have agreed to them in writing.

Where you order as a business, you confirm that you act in the exercise of your commercial or professional activity and that you are authorised to purchase and resell the products concerned in your jurisdiction.

2. Products and availability

Our range is aimed at the European Union market. Listings show the nicotine strength and container size for every nicotine-containing product. We do not offer options that exceed the Tobacco Products Directive limit of 20 mg/mL to customers in the EU.

All listings are subject to availability. If an item becomes unavailable after you order, we will tell you without undue delay and either offer an alternative or refund the amount paid for that item.

3. Age restriction — 18+

You may only order if you are at least 18 years old. Entry to this website requires a date of birth, and we ask for it again at checkout. We may refuse or cancel an order, and may require photo identification on delivery for first orders, if we cannot satisfy ourselves that the requirement is met. Orders that appear to be placed by or for a minor are cancelled and refunded.

4. Prices, VAT and shipping costs

Trade (B2B). Prices shown to business customers are net of VAT and per unit at the volume band corresponding to the ordered quantity. Volume bands apply per product; cartons of different flavours of the same product count together. Prices are exclusive of packaging and shipping, which are shown before the order is confirmed.

Retail (B2C). Prices shown to consumers include German VAT at 19% unless the delivery address is in another member state.

Cross-border B2C. Once our intra-EU distance sales exceed the €10,000 annual threshold, VAT is charged at the rate of the destination member state and declared through the One Stop Shop. Below that threshold, German VAT applies.

Reverse charge (B2B). If you provide a VAT identification number that is valid in the VIES system at the time of invoicing, the supply is invoiced at 0% VAT under the reverse charge and you account for the VAT in your own member state. We store the validation result and its timestamp. If the number cannot be validated, we invoice the statutory rate.

5. Minimum order quantities (trade)

For trade accounts, minimum order quantities apply per SKU as displayed on the product page — currently 25 pieces for hardware and 50 pieces for consumables. Orders below the stated minimum may be rejected or repriced.

6. Formation of the contract

Displaying products on the website is an invitation to order, not a binding offer. By submitting the checkout form you place a binding offer to buy. The contract is formed when we confirm the order by email, or at the latest when we despatch the goods. Where you choose "invoice, 30 days net" or "SEPA transfer", the contract is formed on our written order confirmation, and despatch may be conditional on credit approval or receipt of funds.

7. Payment

We are a bank-transfer-only merchant. We do not accept card payments and we do not offer any online payment service. Payment is made by SEPA bank transfer in euro — SEPA Credit Transfer (SEPA SCT) or SEPA Instant (SEPA Inst) — to the account shown at checkout and repeated in your order confirmation e-mail. For approved trade accounts we may additionally agree payment by invoice, payable net within 30 days and within an agreed credit limit.

• No card data can ever be entered on this website: there is no card payment route, so no card number, expiry date or security code is collected or stored.
• Where payment is made by transfer, goods are reserved for three working days pending receipt of funds.
• Invoices are payable net within 30 days of the invoice date unless agreed otherwise in writing.
• If you are in default, we may charge default interest at the statutory rate and suspend further deliveries.
• On your bank statement the payment appears under the beneficiary name shown on your order confirmation e-mail, together with the payment reference you are asked to include.

8. Delivery, transfer of risk and retention of title

We despatch from our warehouse in Berlin. Orders confirmed before 14:00 CET on a working day are normally despatched the same day. Delivery timescales are estimates, not guaranteed dates.

Consumers: risk passes to you when the goods come into your physical possession or that of a person you nominated.

Business customers: risk passes on handover of the goods to the carrier.

Title to the goods remains with us until the purchase price has been paid in full. Business customers may resell the goods in the ordinary course of business, but must inform us immediately of any third-party enforcement measures affecting the goods.

9. Returns and right of withdrawal

The right of withdrawal for consumers, the exclusions that apply to opened nicotine products, and the procedure for reporting faults are set out in the returns and withdrawal policy, which forms part of these terms.

10. Warranty and defects

Statutory warranty rights apply. Please inspect goods on receipt and report visible defects within 14 days. Defective goods are repaired, replaced or refunded at your choice where the law gives you that choice. This does not limit your statutory rights.

11. Intended use and product safety

The products are intended for use by adults as an alternative to combustible tobacco. They are not smoking cessation medicines and no therapeutic claim is made. Nicotine is highly addictive. Keep products away from children and pets. Do not use if you are pregnant or breastfeeding. Follow the manufacturer's instructions and safety information supplied with each product.

12. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. For simple negligence we are liable only for breach of an essential contractual obligation, and limited to the foreseeable damage typical for this type of contract. Otherwise our liability is excluded.

Business customers must comply with the regulatory requirements applicable to the onward sale of these products, including age verification, advertising restrictions and any local registration or licensing conditions. We are not liable for consequences arising from a business customer's failure to do so.

13. Force majeure

Neither party is in breach for delays caused by events outside its reasonable control, including natural events, industrial action, carrier failure, network or infrastructure outages, or changes in law affecting the ability to supply.

14. Data protection

We process personal data as described in the privacy policy. That policy forms part of these terms.

15. Applicable law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory consumer protection provisions of the country of your habitual residence remain unaffected.

For business customers, the place of jurisdiction is Berlin, unless a different exclusive place of jurisdiction is prescribed by law. The same applies where the customer has no general place of jurisdiction in Germany or has moved their residence or habitual place of business abroad after the contract was concluded.

16. Changes to these terms

The version of these terms in force at the time you place your order governs that order. We may amend the terms for future orders; the current version is always published on this page.

17. Severability

If any provision of these terms is or becomes invalid, the remaining provisions remain in force. The invalid provision is replaced by the statutory rule that comes closest to its economic purpose.