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 concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3. Deviating 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 data 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. The 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 using 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 contract offer in relation to the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process. 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 at which 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 sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

3.5. Order processing and contact are usually 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 by third parties commissioned by the seller to process the order can be delivered.

4th 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 in the event of the 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 can predominantly neither be attributed to their commercial nor their 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 inform us, DuftDreier Max Schmidt, Ernst-Thälmann-Straße 15, 01904 Neukirch, schmidtleer.business@gmail.com, by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by email).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your 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 that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery 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 something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment 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 which 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, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

5th delivery and shipping conditions

5.1. The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2. Duftdreier delivers the goods within the Federal Republic of Germany within 3-10 working days after receipt of the order, unless other shipping times are specified. Delivery times vary for shipments abroad. Any exceptions are specified on the respective product page or arise due to individual payment methods (see point 6. Terms of payment).

5.3. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. If the delivery of the goods fails due to the customer's fault despite three delivery attempts, we can 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 inform 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, no contract is concluded.

If the ordered product is not available because Duftdreier is not supplied with this product by our suppliers through no fault of our own, Duftdreier can withdraw from the contract. In this case, Duftdreier will inform the customer immediately and, if necessary, suggest 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 stated are total prices that include 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, e.g. PayPal, their general terms and conditions apply.

6.5. If the buyer defaults on payment, Duftdreier will charge a flat rate of €5.00 for each reminder following the first reminder. The right to claim further damages for default 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 complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal 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 on the part of the customer.

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

8.5. Duftdreier 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, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect handling, excessive use, e.g. 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 package and to keep the delivery receipt. The customer must bear the return costs themselves.

9.2. The customer is asked to avoid damaging or contaminating 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 due to damage caused by inadequate packaging.

9.3. The modalities mentioned in this section (No. 9) of the General Terms and Conditions are not a prerequisite for the effective exercise of the right of withdrawal in accordance with No. 4 of these General Terms and Conditions.

10. Liability

January 10th Compensation for breach of a contractual obligation must be paid under the statutory conditions.

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

10.3. Duftdreier is not liable for the negligent breach of obligations other than those mentioned in the two preceding paragraphs.

April 10th The above limitations of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act also remains unaffected.

11. Dispute settlement

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 the data protection regulations. Duftdreier undertakes to comply with the data protection regulations.

If the buyer fails to fully or partially fulfil his obligations in accordance with the contract, his data may be transmitted to a credit protection organisation.

13. References and links

The Duftdreier website contains links to external websites. Since these websites are not under the influence of Duftdreier, Duftdreier assumes no responsibility for their content. Duftdreier expressly declares that it has no influence 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 purpose or fulfills a specific purpose. Legal responsibility, including with regard to data protection law, lies exclusively 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 can change or add to these general terms and conditions at any time, provided this is not unreasonable for the buyer. Duftdreier will inform the buyer of 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 notify his objection within 21 days of being informed and having access. Otherwise, the buyer has agreed to the new version. Duftdreier will draw the buyer's attention to the above meaning and the meaning of the objection period when notifying him of his right of objection.

16. Applicable law, place of jurisdiction

January 16th The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

February 16th 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 place of residence and delivery address are outside the European Union at the time the contract is concluded.

March 16th 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 can alternatively be conducted at the customer's registered office or at another legal place of jurisdiction at Duftdreier's discretion.

April 16th Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.