General terms and conditions of business

1. Scope

1.1. These General Terms and Conditions (hereinafter: "GTC") apply to all contracts (hereinafter: "orders") that a consumer or entrepreneur (hereinafter: customer) concludes with the seller regarding the goods and/or services presented in the online shop.

1.2. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3. Deviating terms and conditions of the customer will not be accepted unless the seller expressly agrees to their validity in writing.

2. Contract language, contract text storage

The contract language is German. We save the contract text and send you the order details and our General Terms and Conditions by email. You can view the contract text in our customer login.

3. Subject matter of the contract, conclusion of the contract

3.1. The subject of the contract is the sale of goods. Details, in particular the essential characteristics of the respective goods, can be found in the item description and the additional information on the Duftdreier website.

3.2. The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

3.3. The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone or email.

3.4. The seller can accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

3.5. Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

4. Right of withdrawal

4.1. Consumers generally have a right of withdrawal.

4.2. Further information on the right of withdrawal can be found in the seller’s cancellation policy.

Cancellation policy for consumers

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you have a 14-day statutory right of withdrawal upon conclusion of the contract in accordance with Section 2. According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.

In the event that you are a consumer, you will be informed of your right of withdrawal below:

Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must contact us, DuftDreier Max Schmidt, Ernst-Thälmann-Straße 15, 01904 Neukirch, schmidtleer.business@gmail.com mittwithout a clear statement (z.B. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory. If you make use of this option, we will inform you immediately (z.B. by email) a confirmation of receipt of such a revocation.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling by you that is not necessary to check the quality, properties, and functioning of the goods.

4.3. The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

5. Delivery and shipping conditions

5.1. Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by the seller during order processing is decisive for the processing of the transaction.

5.2. Fragrance trio Delivers goods within the Federal Republic of Germany within 3-10 business days of receiving the order, unless other shipping times are specified. Delivery times may vary for international shipments. Any exceptions are indicated on the respective product page or may arise due to individual payment methods (see Section 6. Payment Terms).

5.3. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance. If delivery of the goods fails due to the customer's fault despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded by the customer immediately.

5.4. If none or not all copies of the product selected by the customer are available at the time the customer places the order, Duftdreier will notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, Duftdreier will refrain from accepting the order. In this case, a contract will not be concluded.

If the ordered product is unavailable because Duftdreier is unable to supply it through no fault of its own, Duftdreier may withdraw from the contract. In this case, Duftdreier will inform the customer immediately and, if necessary, propose the delivery of a comparable product.

5.5. Self-collection is not possible.

6. Prices and payment conditions

6.1. Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory sales tax. Any additional delivery and shipping costs will be stated separately at the end of the ordering process.

6.2. The payment option(s) will be communicated to the customer in the seller’s online shop.

6.3. If advance payment has been agreed, payment is due immediately after conclusion of the contract.

6.4. If third parties are commissioned to process payments, z.B. PayPal. Their general terms and conditions apply.

6.5. If the buyer defaults on payment, Duftdreier will charge a flat fee of €5.00 for each reminder following the first reminder. The right to claim further damages for late payment remains reserved.

7. Retention of title

The delivered goods remain the property of the seller until full payment has been made.

8. Liability for defects

8.1. If the purchased item is defective, the statutory liability for defects applies.

8.2. The customer is requested to report any goods delivered with obvious transport damage to the delivery company and to inform the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.

8.3. Minor deviations in color, dimensions and/or other quality and performance characteristics do not give rise to any claims by the customer.

8.4. A guarantee for goods delivered by the seller only exists if this has been expressly given.

8.5. Fragrance trio is not liable for the reduction or loss of usability or for damages resulting from non-compliance with the operating, maintenance and installation instructions, improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty handling, excessive z.B. are due to use that goes beyond the product description, incorrect or insufficient information about the intended use or improper interventions in the delivery item by the customer or third parties.

9. Returns

9.1. The customer is asked to return the goods to Duftdreier within 14 days of receipt as a prepaid parcel and to retain the delivery receipt. The customer must bear the return shipping costs themselves.

9.2. The customer is asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the seller's possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages resulting from inadequate packaging.

9.3. The terms and conditions set out in this section (No. 9) of the General Terms and Conditions are not a prerequisite for the effective exercise of the right of withdrawal pursuant to No. 4 of these General Terms and Conditions.

10. Liability

10.1. Compensation for breach of a contractual obligation must be paid under the statutory conditions.

10.2. Fragrance trio is liable without limitation if the cause of damage is based on intent or gross negligence.Furthermore, Duftdreier is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contract's purpose, or for the breach of obligations whose fulfillment enables the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, Duftdreier is only liable for foreseeable, customary damages.

10.3. Fragrance trio shall not be liable for the slightly negligent breach of obligations other than those mentioned in the two preceding paragraphs.

10.4. The above limitations of liability do not apply in cases of injury to life, limb, or health. Liability under the Product Liability Act remains unaffected.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.

12. Data protection

The buyer authorizes Duftdreier to process, store, evaluate, and use the data received in connection with the business relationship in accordance with data protection regulations. Duftdreier undertakes to comply with data protection regulations.

If the buyer fails to fully or partially fulfill his obligations in accordance with the contract, his data may be transferred to a credit protection organization.

13. References and links

The Duftdreier website contains links to external websites. Since these websites are beyond the control of Duftdreier, Duftdreier assumes no responsibility for their content. Duftdreier expressly declares that it has no influence whatsoever on the design and content of the linked websites. Duftdreier does not adopt the content of the linked websites as its own and, in particular, does not guarantee that the content of these linked pages is true or serves a specific purpose. Legal responsibility, including with regard to data protection law, lies solely with the operator of the external website.

14. Subsidiary agreements

Oral side agreements before or upon conclusion of the contract are invalid.

15. Changes to the General Terms and Conditions

The seller may change or supplement these General Terms and Conditions at any time, provided this is not unreasonable for the buyer. Duftdreier will notify the buyer of any changes or additions to the General Terms and Conditions and will provide access to a new version. If the buyer does not agree to the change or addition, the buyer must submit their objection within 21 days of notification and access. Otherwise, the buyer will be deemed to have agreed to the new version. Duftdreier will draw the buyer's attention to the aforementioned meaning and the significance of the objection period when notifying them of their right of objection.

16. Applicable law, place of jurisdiction

16.1. All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

16.2. Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

16.3. The place of jurisdiction for all legal disputes in connection with the concluded contract with merchants, legal entities under public law, or special funds under public law is the registered office of Duftdreier. In this case, legal proceedings may, at Duftdreier's discretion, alternatively be conducted at the customer's registered office or at another legal place of jurisdiction.

16.4. Should any provision of these General Terms and Conditions be invalid, the remaining provisions of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.