General Terms and Conditions (GTC)
Article 1 – Definitions
The following definitions apply to these Terms and Conditions:
- Cooling-off Period: The time frame during which the consumer can exercise their right to cancel the contract without penalty.
- Consumer: A natural person who is not acting in the capacity of a profession or business and enters into a distance contract with Nicotinepouch.com.
- Day: A calendar day.
- Durable Medium: Any method that allows the consumer or Nicotinepouch.com to store information in a way that enables future retrieval and reproduction without alteration.
- Right of Withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period.
- Model Form: A withdrawal form provided by Nicotinepouch.com that the consumer can complete to exercise their right of withdrawal.
- Nicotinepouch.com: FYDD Logistics LTD, offering products and/or services remotely to consumers.
- Distance Contract: A contract concluded using one or more distance communication techniques as part of a system organized by Nicotinepouch.com for selling goods and/or services remotely.
- Remote Communication Technology: Any means that can be used to conclude a contract without the consumer and Nicotinepouch.com being physically present together.
Article 2 – Identity of the Nicotinepouch.com
FYDD Logistics LTD
Pavlou Valdaseridi 2A, Floor 1
6018 Larnaca, Cyprus
Registration number: HE433166
Email: info@nicotinepouch.com
Article 3 – Applicability
These terms and conditions apply to every offer made by Nicotinepouch.com and to every distance contract and order concluded between Nicotinepouch.com and the consumer.
Before a distance contract is concluded, the consumer will receive a copy of these Terms and Conditions. If this is not possible, it will be made clear before the contract is concluded that the Terms and Conditions can be viewed at Nicotinepouch.com’s premises or will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, these Terms and Conditions will be provided in electronic form before the contract is concluded, allowing the consumer to store them easily on a durable medium. If this is not possible, consumers will be informed where they can view these Terms and Conditions electronically and that they can be sent free of charge upon request.
If additional specific product or service conditions apply alongside these Terms and Conditions, the consumer can always invoke the most favorable provision for them in the event of contradictory terms and conditions.
Should any provision of these Terms and Conditions be deemed void or voidable, the contract and these terms and conditions will remain in effect. The void or voidable provision will be replaced by a provision that closely reflects the original intent, as agreed upon by both parties.
Situations not covered by these Terms and Conditions will be judged “in the spirit” of these Terms and Conditions.
Any ambiguity in interpreting one or more provisions of these Terms and Conditions will also be interpreted “in the spirit” of these Terms and Conditions.
Article 4 – The offer
If an offer is valid for a limited time or is subject to conditions, this will be clearly stated in the offer.
The offer is non-binding. Nicotinepouch.com reserves the right to modify and adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. This description is sufficiently detailed to allow the consumer to make an informed decision. If Nicotinepouch.com uses images, these will accurately represent the products and/or services offered. Obvious errors or mistakes in the offer are not binding for Nicotinepouch.com.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the contract.
Product images are accurate representations of the offered products. However, Nicotinepouch.com cannot guarantee that the colors displayed will exactly match the actual product colors.
Each offer contains clear information regarding the rights and obligations associated with accepting the offer, including:
- The total price, including taxes.
- Any applicable shipping costs.
- The manner in which the contract will be concluded and the necessary steps for this process.
- Whether the right of withdrawal applies.
- The methods of payment, delivery, and execution of the contract.
- The deadline for accepting the offer or the period during which Nicotinepouch.com guarantees the price.
- Any additional costs for using remote communication technology, if different from the regular basic rate.
- Whether the contract is archived after its conclusion and, if so, how the consumer can access it.
- How the consumer can review and correct the data they have provided under the contract before its conclusion.
- Other languages in which the contract can be concluded, in addition to English.
Article 5 – The agreement
The contract is concluded when the consumer accepts the offer and meets the specified conditions.
If the consumer accepts the offer electronically, Nicotinepouch.com will immediately confirm receipt of the electronic acceptance. As long as this confirmation has not been received, the consumer can terminate the contract.
If the contract is concluded electronically, Nicotinepouch.com will implement appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. This includes using encryption technology to safeguard consumer data and secure payment gateways for processing transactions.
Within the legal framework, Nicotinepouch.com may gather information about the consumer’s ability to meet their payment obligations, as well as any relevant facts and factors necessary for responsibly concluding the distance contract. If Nicotinepouch.com has valid reasons to not enter into the agreement based on this investigation, they are entitled to refuse an order or request or impose special conditions for its execution.
Consumers must be at least 18 years old to purchase tobacco and nicotine products from Nicotinepouch.com. By accepting these terms and placing an order, the consumer confirms they have reached the legal age for purchasing these products. False claims may result in fines and will be reported to the relevant authorities.
Orders can be canceled within 1 hour of receiving the order confirmation. The consumer should send the cancellation request via email to customer service.
Nicotinepouch.com will provide the following information to the consumer in writing or in a way that allows the consumer to store it on a durable medium:
- The address of Nicotinepouch.com’s branch for submitting complaints.
- The conditions and method for exercising the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal.
- Information about warranties and after-purchase service.
- The data referred to in Article 4, paragraph 3, unless Nicotinepouch.com has already provided this information to the consumer before the contract is concluded.
- For ongoing contracts, the provision in the previous paragraph only applies to the first delivery.
Each contract is subject to the condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
Consumers have the right to cancel the contract without giving reasons within 14 days of purchasing products. This cooling-off period starts the day after the consumer or a designated representative receives the product.
During this period, the consumer should handle the product and packaging with care. If they wish to exercise their right of withdrawal, they should return the product with all accessories and, if possible, in its original condition and packaging, following Nicotinepouch.com’s reasonable instructions.
Consumers wishing to exercise their right of withdrawal must notify customer service within 14 days of receiving the product, using the model form or another communication method, such as email. After informing Nicotinepouch.com of their intent to withdraw, consumers must return the product within 14 days. Proof of timely return, such as a delivery document, should be provided by the consumer.
If the consumer does not indicate their intent to withdraw after the deadlines in paragraphs 2 and 3 and has not returned the product, the purchase is final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, they are responsible for the costs of returning the goods.
If the consumer has paid an amount, Nicotinepouch.com will refund it as soon as possible, but no later than 14 days after withdrawal. The prerequisite is that Nicotinepouch.com has received the product or that conclusive proof of the return is provided. Refunds will be made using the same payment method unless otherwise agreed.
If the product is damaged due to careless handling by the consumer, they are liable for any reduction in the product’s value.
The consumer cannot be held liable for a decrease in the product’s value if Nicotinepouch.com did not provide all legally required information about the right of withdrawal before the purchase contract was concluded.
Article 8 – Exclusion of the right of withdrawal
Nicotinepouch.com may exclude the consumer from the right of withdrawal in the following cases:
- Unsealed Products: The right of withdrawal is excluded if the consumer has broken the seal of the product can or packaging, making it unsuitable for return due to health protection or hygiene reasons.
- Non-Returnable Goods: Products that are unsuitable for return due to health protection or hygiene reasons and have been unsealed after delivery.
Article 9 – The price
During the validity period stated in the offer, the prices of the products and/or services will not be increased, except in the case of changes due to VAT rate adjustments.
Price increases within three months after the contract conclusion are only allowed if they result from statutory provisions or regulations.
Price increases after three months from contract conclusion are only allowed if Nicotinepouch.com has agreed to them and:
- They result from statutory regulations or provisions.
- The consumer has the right to terminate the contract on the day the price increase takes effect.
The prices stated in the offer include VAT.
All prices are subject to printing errors and mistakes. No liability is assumed for the consequences of these errors. In the event of a misprint, Nicotinepouch.com is not obliged to deliver the product at the incorrect price.
Article 10 – Delivery and execution
Nicotinepouch.com guarantees that the products and/or services comply with the contract, the specifications stated in the offer, and the applicable legal provisions and regulations at the time of contract conclusion. If agreed, Nicotinepouch.com also guarantees the product’s suitability for a use other than normal.
Nicotinepouch.com will exercise care when receiving and executing product orders.
The delivery address is the one provided by the consumer to Nicotinepouch.com.
Accepted orders will be carried out promptly, but no later than 30 days unless the consumer agrees to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be partially executed, the consumer will be informed within 30 days of the order. In this case, the consumer has the right to terminate the contract free of charge and is not entitled to compensation.
All delivery times are indicative. Consumers cannot derive rights from the delivery dates mentioned. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution according to paragraph 4, Nicotinepouch.com will reimburse the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivering an ordered product is impossible, Nicotinepouch.com will endeavor to deliver a replacement article. The delivery of a replacement item will be communicated clearly at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of returning replacement goods are borne by Nicotinepouch.com.
Nicotinepouch.com is not responsible for the receipt, location, refund, or replacement of delayed shipments, nor for delays due to import laws and customs seizures.
Once an order is processed through our distribution center, Nicotinepouch.com cannot be held responsible for delays due to customs regulations or other circumstances beyond their control. Any liability is excluded.
Goods deliveries can be opened and inspected by customs, possibly delaying delivery beyond our control. The consumer is considered an importer and must comply with all laws and regulations of the destination country.
Worldwide shipping is available; delivery times and availability may vary depending on the destination.
Article 11 – Payment
Unless otherwise agreed, the consumer will pay amounts owed within 7 working days after the cooling-off period mentioned in Article 6, paragraph 1. For service contracts, this period begins after the consumer receives confirmation of the contract.
Consumers must promptly report inaccuracies in the data or payment provided to Nicotinepouch.com.
In the event of non-payment and subject to legal restrictions, Nicotinepouch.com is entitled to charge the consumer all reasonable costs notified in advance.
Article 12 – Complaints Procedure
Nicotinepouch.com has a publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about contract execution must be submitted to Nicotinepouch.com within a reasonable time, clearly describing the defects after discovery by the consumer.
Nicotinepouch.com will respond to complaints within 14 days of receipt. If a complaint requires more time, Nicotinepouch.com will acknowledge receipt and indicate when a detailed answer can be expected.
If the complaint cannot be resolved by mutual agreement, a dispute subject to the dispute settlement procedure arises.
Consumers should first contact Nicotinepouch.com for complaints.
A complaint does not suspend Nicotinepouch.com’s obligations unless otherwise stated in writing.
If Nicotinepouch.com considers a complaint justified, they will replace or repair the delivered products free of charge at their discretion.
Article 13 – Liability
Nicotinepouch.com must clearly inform consumers ordering, buying, or consuming products that nicotine is harmful to health, highly addictive, and potentially fatal.
Nicotinepouch.com assumes no liability for consequences arising from product use. Nicotinepouch.com has informed the consumer about the possible consequences. The decision to consume the product despite warnings and health risks is the consumer’s own risk. Consuming nicotine is generally known to be harmful and addictive.
Nicotinepouch.com must provide warnings on products, ensuring compliance with Article 6:186(1) of the Civil Code.
All products and related information offered by Nicotinepouch.com have been carefully checked. No rights can be derived from this, and no guarantee is given regarding information accuracy. Nicotinepouch.com assumes no liability for errors, inaccuracies, or consequences from using this information.
Article 14 – Legal disputes
All contracts between the trader and the consumer, as governed by these general terms and conditions, are subject exclusively to the laws of Cyprus. This applies irrespective of the consumer’s country of residence.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded and does not apply.
Article 15 – Additional or different provisions
Additional provisions or deviating from these General Terms and Conditions may not be to the detriment of the consumer and must be notified in writing or in such a way that the consumer can easily store them on a permanent data carrier.
