GENERAL TERMS AND CONDITIONS
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between J.F.S. Parfums Berlin GmbH & Co. KG, Waldenserstr. 7 a, 10551 Berlin, Germany – hereinafter referred to as Vendor – and the Customer, which shall be concluded via the vendor’s http://www.schwarzloseberlin.com/en/perfume-online-shop/ website. Unless agreed otherwise, including the customer’s conditions and provisions is forbidden.
(2) A consumer, according to the following regulations, shall refer to any natural person who enters into a legal transaction for a purpose that cannot be attributed to either his commercial or independent professional activities. An entrepreneur is any natural or legal person or a legal partnership that enters into a contract as part of their professional or commercial activity.
(3) The contract language is German. The vendor will not save the complete contract text. The contract data can be printed using the print function in the browser or saved electronically before submitting the order via the online shopping cart system. After the vendor receives the order, the order data – i.e. the information that is legally required for distance selling contracts and the general terms and conditions – will be emailed back to the customer.
§ 2 Object of Agreement
The subject matter of the contract is the selling of goods. Details, particularly those related to the goods’ essential characteristics, can be found in the item description and additional information on the vendor’s website.
§ 3 Formation Of The Contract
(1) The vendor’s product representations on the internet are non-binding and do not represent any binding offer for concluding a contract.
(2) The customer can make a legally binding purchase offer (order) via the online shopping cart. The purchase offer occurs when the customer places the goods he intends to buy in the “shopping cart.” The customer can access his “shopping cart” at any time by clicking on the menu bar where he can make any changes to his order he wishes. After the customer goes to the “Checkout” page and enters his personal data and payment and shipping conditions, all of the customer’s order data is shown one last time on the order summary page. At this point, the customer has the opportunity to check all of the details one more time, to change them (he can go back and make changes by using the Back button on the internet browser), or he has the option of cancelling the order. The customer makes a binding offer to purchase when he submits the order by clicking on the “Place Order” or “Pay Now” button. Upon receipt of his order, the customer will receive an automatic email, which does not constitute a legally binding contract.
(3) Acceptance of the Offer (and therefore the contract) is made either by confirmation in writing (e.g. email), which confirms to the customer that the order is being processed or that the goods have been shipped, or by sending the goods. If the customer has not received an order confirmation or a notice of shipment within 5 days or has not received the goods, he is no longer legally bound to his order. In this case, any purchases already paid for shall be immediately refunded.
(4) Execution of the order and submission of all information required in connection with the contract shall occur by email, part of which shall be automatically generated. The customer is therefore responsible for ensuring that e-mail address he has given the vendor is correct, and that he, the customer, has ensured that it is technically possible for him to receive an email from the Vendor, and in particular, that the Vendor’s emails will not be automatically directed to the SPAM or Junk folder.
§ 4 Pricing, Shipping Costs
(1) Prices and shipping costs stated for each offer are final prices. Final prices include all price components, including all applicable taxes. If delivery is made to a country outside the EU, then the customer may have to pay additional customs duties, taxes or fees, which, however, will not be paid to the Vendor, but rather to the competent customs and tax authorities. The customer is advised to check these details with the customs and tax authorities before placing the order.
(2) The shipping costs are not always included. They are listed on the “Shipping and payment” page, and are also indicated separately during the ordering process. The customer is responsible for paying these extra fees and/or taxes unless he has been promised free shipping.
(3) The customer will receive an invoice indicating the value-added tax.
§ 5 Payment And Shipping Terms
(1) Click the payment and shipping terms button to read about these terms and conditions.
(2) Unless stated otherwise in the individual methods of payment, the claims for payment as defined in the contract are payable immediately.
(3) The customer will be notified immediately if a product the customer has ordered should unexpectedly be unavailable despite prompt conclusion of a covered transaction, and the vendor is not responsible for the items not availability, and the customer shall be immediately reimbursed if he has already paid for that item.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods that could occur between shipment and delivery of the goods does not pass to the customer until the customer has taken receipt of the goods, regardless of whether the shipment is insured or uninsured.
§ 6 Return Shipment Costs When Exercising The Right Of Withdrawal
For those instances where the consumer exercises his legal right to withdraw from a purchase involving a distance-selling, it is agreed that the customer is responsible for paying all usual and customary costs when returning an item as long as the purchased item that is being returned does not cost more than €40, or, in the case of a more expensive item, the customer has not yet carried out the compensating measure of returning the item(s), nor has he made a contractually agreed-upon partial payment at the time he returns the item(s), unless it happens that the goods do not correspond to the items ordered. In all other instances the vendor is responsible for bearing the costs of return shipment.
§ 7 Right Of Retention, Reservation Of Ownership
(1) The customer can only exercise right of retention if it involves receivables from the same contract.
(2) Goods remain the property of the vendor until the purchase price has been paid in full.
§ 8 Warranty
(1) Statutory provisions apply.
(2) As the consumer, the customer is requested to immediately inspect the goods upon delivery for their completeness, any apparent defects or damage due to transport, and to notify the vendor and/or the shipping company of any related complaints as soon as possible. Even if the customer does not do this, it will have no negative impact on his legal warranty claims.
§ 9 Liability
(1) The vendor shall be liable in each case without limitation for damages resulting from injury to life, limb or health, in all cases of intent or gross negligence, or in the event he fraudulently conceals (a) defect(s), or in assuming a warranty for a purchased item, and is liable for any damages that fall under the Product Liability Act, and in all other such cases as defined by law.
(2) The vendor’s liability is limited to foreseeable damage typical of the contract concerned in the event of minor negligence, unless the vendor has violated basic contractual obligations. Material contractual obligations are essential obligations arising from the nature of the contract, the violation of which would jeopardize the purpose of the contract and obligations that the vendor imposes according to his contents for achieving the purpose of the contract, whose fulfilment cannot be achieved without proper execution of the contract, and upon whose compliance the customer should be able to regularly rely.
(3) In the event any immaterial contractual obligations are violated, liability for minor negligent violations of obligation are excluded.
(4) According to the current state of the art, data communication over the internet cannot be guaranteed to be free of errors and/or available at all times. The vendor is not liable for either the constant or uninterrupted availability of the website and the services offered there.
§ 10 Choice Of Law, Place Of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law is valid only to the extent that the protection afforded by the mandatory provisions of the law governing the state of the consumer’s perpetual residence is not withdrawn (favourability).
(2) The place of performance and the jurisdiction for all obligations arising from the business relationships that exist with the vendor is the seat of the vendor if the customer is not a consumer but rather of merchant, legal entity under public law or is public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU, or the domicile or the habitual residence of the customer is not known at the time the lawsuit is filed. The capacity to appeal to another court of jurisdiction remains thereby unaffected.
(3) Provisions under the terms of the UN Sales Convention are expressly excluded.