General Terms and Conditions (GTC) for perfumehouse.de

Section 1 Contractual Partners, Scope of these Terms and Conditions, Definitions (1) For contracts concerning the delivery of goods and services presented and offered in this online shop between the provider of the shop, (2) PERFUMEHOUSE.DE part of 8am GmbH, represented by the managing directors Michael Wetzko, Tel.: +49 2054 8682432, E-Mail: gotoperfumehouse.de, Commercial Register: Essen Local 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 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. A customer is a consumer if the purpose of the ordered goods and services cannot be predominantly attributed to their commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or legally capable partnership that, when concluding the contract, is acting in the course of their commercial or self-employed professional activity.

Section 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 rather an invitation to the customer to order the products described in the online shop. (2) The customer can select goods and vouchers from the PERFUMEHOUSE.DE product range and add them to a virtual shopping cart by clicking the "Add to cart" button. By clicking the "Proceed to checkout" button, the customer is taken to a page for entering shipping, payment, and billing information. The customer guarantees the accuracy of the entered data. The customer can enter voucher codes ("coupons") for payment, the value of which will be deducted from the order total. By clicking "Continue," the customer proceeds to the order summary. (3) By clicking the "Place order" button, the customer submits a binding offer to purchase the goods and/or vouchers in accordance with the order summary. Before submitting the order by clicking the "Place order" button, the customer can view and change the data at any time. The application can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the checkbox "I accept the General Terms and Conditions and have read the cancellation policy and privacy policy," thereby including them in their application. (4) PERFUMEHOUSE.DE will then send the customer an automatic confirmation of receipt by email, which lists the customer's order again and which the customer can print 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 a contract. (5) The contract is only concluded upon dispatch of a separate order confirmation or, at the latest, upon dispatch of a shipping notification (in the case of digital vouchers, upon transmission of the voucher by email) by email. With the order confirmation or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, the General Terms and Conditions, and the order confirmation) will be sent to the customer by us on a durable 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, product availability (1) Delivery within Germany will be made to the shipping address specified by the customer.
(2) Delivery times stated by PERFUMEHOUSE.DE are calculated from the date of order confirmation, provided that the purchase price has been paid in advance (except in the case of payment by invoice). Unless a different delivery time is specified for the respective goods in our online shop, delivery within Germany takes 1-3 business days. (3) If no units of the product selected by the customer are available at the time of the 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 issuing an acceptance declaration. 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 received.

Section 5 Prices and Shipping Costs (1) All prices listed on the PERFUMEHOUSE.DE website include the applicable statutory value-added tax. The prices valid at the time of ordering apply. (2) We offer free shipping within Germany. (3) Physical goods (including gift cards) are shipped via postal service. Digital gift cards are sent via separate email after confirmation of receipt.

Section 6 Payment Terms, Set-Off Restriction (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 a review by the payment service provider PayPal. Customers can also use bank transfer as a payment method, independent of the payment service provider PayPal. (2) The customer can change the payment method saved in their 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 by calendar date, the customer is in default upon missing the deadline. In this case, the customer must pay PERFUMEHOUSE.DE default interest at a rate of 5 percentage points above the base interest rate per annum. (4) The customer's obligation to pay default interest does not preclude PERFUMEHOUSE.DE from claiming further damages for default. (5) The customer is not entitled to offset any 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 asserts claims for defects or counterclaims arising from the same purchase agreement.

Section 7 Warranty for Defects, Guarantee (1) PERFUMEHOUSE.DE is liable for defects in accordance with the applicable statutory provisions. For business customers, the warranty period for goods supplied by PERFUMEHOUSE.DE is 12 months. (2) If the remedy is provided by way of replacement delivery, the customer is obligated to return the previously delivered, defective goods to PERFUMEHOUSE.DE at PERFUMEHOUSE.DE's expense within 30 days of receiving the replacement delivery. (3) An additional guarantee for goods supplied by PERFUMEHOUSE.DE exists only if it has been expressly stated in the order confirmation for the respective item.

Section 8 Liability (1) The customer's claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages 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 shall only be liable for the foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the claims for damages arise from injury to life, body, or health. (3) The limitations in paragraphs 1 and 2 also apply to the benefit of PERFUMEHOUSE.DE's legal representatives and vicarious agents if claims are asserted directly against them. (4) The limitations of liability arising from paragraphs 1 and 2 do not apply if PERFUMEHOUSE.DE has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if PERFUMEHOUSE.DE and the customer have reached an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.

Section 9 PERFUMEHOUSE.DE Vouchers / Gift Cards (“Coupons”) (1) The customer has the option of purchasing PERFUMEHOUSE.DE vouchers as physical gift cards (sent by mail) or digital vouchers (sent by email). (2) If ordering a personalized gift card, the customer agrees not to use any texts or images that infringe the rights of third parties (in particular copyrights, trademark rights, or personality rights) or otherwise violate applicable laws or accepted ethical standards. With regard to protected texts and images of third parties, the customer agrees to indemnify PERFUMEHOUSE.DE against all third-party claims and to bear all resulting costs, including the costs of legal defense against such 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 Information” page. The voucher amount will be deducted from the invoice total after verification of the voucher card balance. The voucher card will only be charged after clicking on "order with obligation to pay".

§ 10 Right of Withdrawal Reference is made to the instructions on the right of withdrawal.

Section 11 Non-Purchasable Promotional Vouchers and Their Redemption (1) Promotional vouchers are vouchers that cannot be purchased but are issued by PERFUMEHOUSE.DE as part of advertising campaigns with a specific validity period. (2) Promotional vouchers can only be redeemed within the specified period and only once per order. (3) The order value must be at least equal to the value of the promotional voucher. Any difference for a higher order value can be paid using the available payment methods. The value of a promotional voucher will neither be paid out in cash nor accrue 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 unless the parties have agreed otherwise. (5) If the customer has used a promotional voucher for 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.

Section 12 Final Provisions (1) Contracts between PERFUMEHOUSE.DE and its customers are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has their 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 provisions are legally invalid. Where applicable, statutory provisions shall replace the invalid provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety. (4) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Our email address can be found in the legal notice. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. (5) It is possible that the images in the online shop may differ from the delivered product (new/modified design of the bottle, jar, tube, or packaging by the manufacturer). However, we guarantee that the contents (fragrance, care, etc.) correspond to the product.