General Conditions (GC) for online goods orders
Aus Liebe zum Duft
Director: Georg R. Wuchsa
Following: “Aus Liebe zum Duft”
§ 1 Domain
Copyright notice: © ausLiebezumDuft.de and first-in-fragrance.com / Reproduction or use of individual text and / or images is only permitted with the express written permission of the owner.
We reserve the right to prosecute offenders who do not comply.
"Aus Liebe zum Duft"
Director: Georg R. Wuchsa
Tel.: 0049 (0) 7251 - 97 77 0
FAX.: 0049 (0) 7251 - 81 19 1
Handelsregister: HRA 231277
Validated version at the time of order. You can view the text on your computer or print it. Any conditions that differ from these rules will apply only if they have been confirmed in writing.
§ 2 contract completion
- With the order, the customer is clarifying a binding contract offer. We will access the order of the customer immediately. The access confirmation is not a binding confirmation of the order. The access confirmation can be bound with the Statement of acceptance
- We are entitled to process the order in the underlying contract offer within three working days of receipt by us. We are entitled to the acceptance of the order - after examining the creditworthiness of the customer. We are entitled to bind the order to a household quantity limit.
- We are entitled to partial deliveries. For partial deliveries, we of course, will cover the cost of the resulting additional postage.
- The necessary password for your order may not be passed on to third parties. In the case of a transfer to a third party you will be made responsible for the order or any orders made with your password.
- In general, all of our products in our stock. However, due to rare commodities and / or long transport routes delivery delays may occur. Under these circumstances, you will be immediately notified.
§ 3 Retention of Title
- The delivered goods remain our property until full payment is made.
- The customer is obligated to provide us with a third-party access to the product, such as in the case of a seizure, and report any damage to or destruction of the product immediately. A change of ownership of the goods, as well as a change of residence should be reported by the customer immediately.
- We are entitled by customer conduct contrary to the contract, such as a default in payment or in breach of an obligation in point. 2 of this provision to retire from the contract and demand a return of the goods
§ 4 Right of Rescission and Right of Return
Right of Rescission and right of return
You can cancel, in writing (eg, letter, fax, e-mail), your declaration of contract within two weeks without giving any reasons or by returning the goods. The period begins with the date of receipt of the goods and these written instructions. The rescission period is sufficient to send the revocation or the goods. The withdrawal should be sent to:
"Aus Liebe zum Duft"
Director: Georg R. Wuchsa
FAX.: 0049 (0) 7251 - 81 19 1
Please give notice of your returns. Please affix sufficient postage. Above a goods value of 40-€ the cost of shipping within Germany will be reimbursed.
The made to order articles, including the bottling, which we provide for you from our range of products, can not be returned.
In the case of an effective revocation, the benefits received by each party and any continued benefit (such as interest). If the service received cannot or only partially or in a deteriorated condition be returned, you are obliged to pay compensation for the value thereof. This does not apply if by the surrender of goods, a deterioration of the goods upon examination – as would be possible in the shop- can be ascribed.
In addition, the payment of compensation can be avoided by not using the goods as personal property and refraining from any actions that could affect their value. Packageable goods are to returned.
You shall pay the cost of return shipping if the value of the delivered goods are of an amount not exceeding 40,00 € or when goods above the value of 40,00 € have been ordered and no full or contractual partial payment has been made at the time of revocation.
Otherwise, the shipping cost will be reimbursed. We are responsible for the risk of return. Non packageable items will be collected by us. Your obligation to refund payments must be fulfilled within 30 days after sending your cancellation.
The right does not apply for the supply of audio or video recordings or software, if the data supplied medium has been unsealed.
End of the revocation notice
§ 5 Delivery and transfer of risk
- Delivery is from our terminal to your specified delivery address. Over a value of 75 euros, we provide free shipping within Germany. If the value of an order is under this amount, a charge will be made of 4.90 euros for shipping within Germany. For international shipping and further information, please refer to the menu item "delivery" on the homepage.
- We deliver to the address stated on the contract award.
- The customer has to pay for the intended use of the product resulting deterioration. The customer should control the goods carefully. The loss of value, by the mere examination of usage means that the goods are no longer considered "new" and cannot be re-sold, and will be charged to the customer.
- The made to order articles, including the bottling, which we provide for you from our range of products, can not be returned.
- The risk of accidental loss or accidental deterioration of the goods sold also by mail order purchase is carried by the customer with the handover of the goods.
- The risk of accidental loss or accidental deterioration of the goods with the handover, while sending the purchase with the delivery of the goods to the carrier, the carrier or otherwise executable dispatch appointed particular person or institution will be carried by the company.
- The handover is the same, if the customer is in default of acceptance.
§ 6 Maturity and Payment
- Initial orders can only be made by cash in advance, PayPal or by credit card.
- After ordering and payment completed without complications, a second order can also be paid by bank debit. We reserve the right to rule out individual payment options.
We do not send by cash on delivery or by invoice!
- If you are in payment default, we are justified to calculate interest for late payment in the amount of 5% above that of the European Central Bank announced current base rate. You will, however, be entitled to prove that a smaller and or, no, damage has occurred.
- Failure to honour a debit transfer will invoke costs, which are borne by the customer, be it for lack of coverage of the account or because of false indication of account data. These costs are currently 6 -- Euro. If we have a claim for non-initiated redemption the cost of these expenses will rise to 10 -- Euro. If by the date specified, the customer does not pay into our account, the incident will be passed, without further call to our attorney. This applies to the competent court for a payment order, and in severe cases, and cases of criminal intent we will prosecute.
- When using a voucher as a means of payment, only the balance on the check at the time of payment is valid. The credit on this check is not remunerated and not against cash disbursable.
- In the event of loss, theft or un-readability of vouchers, “Aus Liebe zum Duft” accepts no liability.
- “Aus Liebe zum Duft” reserves the right to reject payment with a voucher in a particular case, if the payment is not possible due to a technical malfunction.
- If goods purchased with a voucher are returned, the customer will receive the purchase price paid in the form of a new voucher.
§ 7 Defects claims, limitation of liability and exemption
- The product images need not always comply with the appearance of the products delivered. In particular, renewals in the manufacturers assortment may cause changes in appearance and in the design of our products. Warranty claims do not take effect so far as the changes for the customer are just and reasonable.
- If the goods are flawed, we will within a reasonable time, either, cater for a replacement or repair such defects. If your selected supplementary performance is bound to disproportionate costs, we are entitled to choose another form of supplementary performance. The subsequent performance for the necessary expenses will be borne by us. If we do not fulfil the performance, you have the right either to rescind the purchase or ask for a reduction of the purchase price.
- Defective goods are to be returned to us, unless you have determined to reduce the purchase price.
- Warranties are time-barred to 2 years from the date of delivery of the goods.
- The cost of the return in case of a defect will be carried by us.
- With slightly negligent breaches of duty, our liability is limited to the foreseeable contract, average direct damage. This applies even if slightly negligent breaches of duty of our legal representatives or assistants. Compared to Businesses, we are not liable for ordinary negligence of minor contractual obligations.
- The above limitations of liability do not affect claims of the customers from product liability. Further, the limitations of liability are not attributable to us in case of damages to body and health or loss of life of the customer.
- As far as we allow access with links to other Web sites, we are not responsible for the content contained. The content contained is not our own. If we are aware of illegal content on external Web sites, we will block access to these sites immediately.
- We are free of all disadvantages caused to us by a third party because of harmful actions of the customers - whether intentionally or negligently-which may occur.
§ 8 Damage claims
- Damage claims for breach of duty of the contractual relationship are fulfilled with the statutory requirements, and only in cases of wilful or gross negligence. The same applies to claims for damages on the Product Liability Act.
§ 9 Final determination and Others
- The law of the Federal Republic of Germany applies. For consumers, who conclude the contract, not out of professional or commercial purposes, this choice of law only applies only if it does not exceed the protection provided by mandatory provisions of the law of the State in which the consumer's habitual residence. The provisions of the UN are not applicable.
- Complaints can be claimed under the address provided in paragraph 1.
- If any provision of the contract be made fully or partially invalid with the customer, including these terms and conditions, the validity of the remaining provisions shall not be affected.