General Terms and Conditions (GTC) for perfumehouse.de

§ 1 Contracting parties, scope of these terms and conditions, definitions (1) For contracts for the delivery of goods and services presented and offered in this web shop between the provider of the shop, (2) PERFUMEHOUSE.DE part of 8am GmbH, represented by the managing director Michael wetzko, Tel.: +49 2054 8682432, E-Mail: gotoperfumehouse.de, Commercial Register: Essen District Court, HRB 32157, VAT ID: DE343494557 (hereinafter "PERFUMEHOUSE.DE" or "we"), (3) and you as our customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless PERFUMEHOUSE.DE expressly agrees to their validity in writing. (4) These terms and conditions apply regardless of whether the customer is a consumer, entrepreneur or merchant. The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.

§ 2 Formation of contracts (1) The presentation and advertising of goods and vouchers does not constitute a binding offer to conclude a purchase contract, but an invitation to the customer to order the products described in the web shop. (2) The customer can select goods and vouchers from the PERFUMEHOUSE.DE range and collect them in a so-called shopping cart using the "add to shopping cart" button. By clicking on the "Continue to order" button, the customer is taken to a page for entering shipping, payment and billing data. The customer guarantees that the data entered is correct. To pay, the customer can enter voucher codes ("coupons"), the equivalent of which is deducted from the order total. By clicking on "Continue", the customer is taken to the order summary. (3) By clicking on the "order with payment" button, the customer submits a binding application to purchase the goods and/or vouchers in accordance with the order summary. Before submitting the order by clicking on the "order with payment" button, the customer can change and view the data at any time. The application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking the checkbox "I accept the general terms and conditions and have read the cancellation policy and data protection declaration" and has thereby included them in his application. (4) PERFUMEHOUSE.DE will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by PERFUMEHOUSE.DE and does not constitute acceptance of the application to conclude the contract. (5) The contract is only concluded when a separate order confirmation is sent or at the latest when a shipping notification is sent (in the case of digital vouchers by sending the voucher by email) by email. With the order confirmation or in a separate email, but at the latest when the goods are delivered, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a permanent data medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations. (6) The contract will be concluded exclusively in German.

§ 3 Delivery, delivery restrictions, availability of goods (1) Delivery takes place within Germany to the shipping address specified by the customer.
(2) Delivery times specified by PERFUMEHOUSE.DE are calculated from the time of order confirmation, provided that the purchase price has been paid in advance (except for purchase on account). If no or no different delivery time is specified for the respective goods in our online shop, it is 1-3 working days within the Federal Republic of Germany. (3) If no copies of the product selected by the customer are available at the time of the customer's order, PERFUMEHOUSE.DE will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, PERFUMEHOUSE.DE will refrain from accepting the order. In this case, no contract is concluded. (4) If the product specified by the customer in the order is only temporarily unavailable, PERFUMEHOUSE.DE will also inform the customer of this immediately in the order confirmation. (5) PERFUMEHOUSE.DE is entitled to make partial deliveries.

§ 4 Retention of title The delivered goods remain the property of PERFUMEHOUSE.DE until full payment has been made.

§ 5 Prices and shipping costs (1) All prices stated on the PERFUMEHOUSE.DE website include the applicable statutory sales tax. The prices stated at the time of the order apply. (2) We deliver free of charge within Germany. (3) Physical goods (including voucher cards) are sent by post. Digital vouchers are sent by separate email after confirmation of receipt. The shipping risk is borne by PERFUMEHOUSE.DE if the customer is a consumer. (4) In the event of a cancellation, PERFUMEHOUSE.DE bears the costs of the return shipment.

§ 6 Terms of payment, limitation of set-off (1) The following payment options offered by the payment service provider PayPal are available to customers: PayPal payment (a PayPal account is required), payment by credit card (VISA, MasterCard), direct debit (SEPA-compliant). Restrictions on the payment methods available to the customer may arise as a result of an examination by the payment service provider PayPal. In addition, customers can use the bank transfer payment method independently of the payment service provider PayPal. (2) The customer can change the payment method stored in his user account at any time. (3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, the customer must pay PERFUMEHOUSE.DE default interest for the year in the amount of 5 percentage points above the base interest rate. (4) The customer's obligation to pay default interest does not exclude PERFUMEHOUSE.DE from asserting further damages for default. (5) The customer is not entitled to offset claims against PERFUMEHOUSE.DE unless the customer's counterclaims have been legally established or are undisputed. The customer is also entitled to offset claims against PERFUMEHOUSE.DE if the customer makes complaints about defects or asserts counterclaims from the same purchase contract.

§ 7 Warranty for material defects, guarantee (1) PERFUMEHOUSE.DE is liable for material defects in accordance with the applicable statutory provisions. For businesses, the warranty period for items delivered by PERFUMEHOUSE.DE is 12 months. (2) If the subsequent performance is carried out by way of a replacement delivery, the customer is obliged to return the previously delivered, defective goods to PERFUMEHOUSE.DE within 30 days of receipt of the replacement delivery at PERFUMEHOUSE.DE's expense. (3) An additional guarantee only exists for the goods delivered by PERFUMEHOUSE.DE if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability (1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by PERFUMEHOUSE.DE, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. (2) In the event of a breach of essential contractual obligations, PERFUMEHOUSE.DE is only liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless it concerns claims for damages by the customer resulting from injury to life, body or health. (3) The restrictions in paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of PERFUMEHOUSE.DE if claims are asserted directly against them. (4) The liability limitations arising from paragraphs 1 and 2 do not apply if PERFUMEHOUSE.DE has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if PERFUMEHOUSE.DE and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 PERFUMEHOUSE.DE vouchers / gift cards ("coupons") (1) The customer has the option of purchasing PERFUMEHOUSE.DE vouchers as a voucher card (sent by post) or digital voucher (sent by email). (2) In the case of ordering a personalized gift card, the customer undertakes not to use any texts or images that infringe the rights of third parties (in particular copyright, trademark or personal rights) or otherwise violate applicable laws or common decency. With regard to protected texts and images of third parties, the customer undertakes to indemnify PERFUMEHOUSE.DE from all claims by third parties and to assume all costs arising from this, including the costs of legal defense against claims. (3) To use the PERFUMEHOUSE.DE gift card, the customer must enter the voucher code printed on the gift card during the ordering process on the "Enter delivery, payment and billing data" page. The voucher amount will be deducted from the invoice total after the voucher card balance has been checked. The voucher card will only be charged when you click on “order with payment”.

§ 10 Cancellation Please refer to the cancellation policy.

§ 11 Non-purchasable promotional vouchers and their redemption (1) Promotional vouchers are vouchers that cannot be purchased, but which PERFUMEHOUSE.DE issues as part of advertising campaigns with a specific period of validity. (2) Promotional vouchers can only be redeemed during the specified period and only once during an order process. (3) The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be settled using the payment options offered. The value of a promotional voucher is neither paid out in cash nor bears interest. The promotional voucher will not be refunded if goods are returned in whole or in part (cancellation or voluntary return). (4) Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with one another unless the parties have agreed otherwise. (5) If the customer has used a promotional voucher when making a purchase, PERFUMEHOUSE.DE reserves the right to charge the customer the original price of the goods that the customer keeps if – due to a cancellation – the total value of the order falls below or equals the respective value of the promotional voucher.

§ 12 Final provisions (1) Contracts between PERFUMEHOUSE.DE and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected. (2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and PERFUMEHOUSE.DE is the registered office of PERFUMEHOUSE.DE. (3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The statutory provisions, if any, take the place of the ineffective points. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be ineffective in its entirety. (4) The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. You can find our email address in the imprint. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. (5) It may happen that the images in the online shop differ from the delivered product (new / changed design of bottle, jar, tube or packaging from the manufacturer). However, it is guaranteed that the contents (fragrance, care, etc.) correspond to the product.