TERMS & CONDITIONS
General Terms and Conditions of Business and Delivery
1 Scope of application, definitions
(1) For the business relationship between the provider "MyParfum" (hereinafter "MyParfum" and the customer (hereinafter "customer" or "orderer"), the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer will not be recognized unless MyParfum expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries cannot be attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
2 Conclusion of Contract, Contents of Contract
(1) The customer can select products from the MyParfum range, individualize them and collect them in a so-called shopping basket by clicking the "Add to shopping basket" button. Using the "Buy now" button, he submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by ticking "I have read and expressly agree to the General Terms and Conditions" and has thereby included them in his application.
(2) MyParfum will then send the customer an order confirmation by e-mail in which the customer's order is listed again and which the customer can print using the "Print" function. This represents MyParfum's acceptance of the contract. The details of the order can also be viewed online at www.myparfum.de in the user profile under "Orders".
(3) If MyParfum provides information in brochures, catalogues and other written and electronic documents on the subject or the presentation of the delivery or service (e.g. with regard to fragrance, bottle, colour, weight, dimensions, design or similar features), these are only approximate unless the exact match is a prerequisite for usability for the contractually intended purpose. The details provided by the contractor are not guaranteed characteristics, but describe or mark the delivery or service. Insofar as the usability for the contractually intended purpose is not impaired, customary deviations due to legal regulations, fluctuations in the purchase of materials or mandatory technical production processes are permissible. If illustrations, drawings, weights, dimensions or other performance data are to be regarded as binding, they must be expressly agreed in writing.
3 Delivery, availability of goods
(1) If the products selected by the customer are not available at the time of ordering, MyParfum shall inform the customer of this immediately. If the product is no longer available, MyParfum may withdraw from the contract for this reason. Payments already made will be refunded immediately.
(2) If the product selected by the customer in the order is only temporarily unavailable, the customer has the right to withdraw from the contract in the event of a delivery delay of more than two weeks. In this case, MyParfum is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately. However, this only applies to individual orders for no more than five individual perfumes. If the customer orders more than five units through his order, there is expressly no right to withdraw from the purchase contract, since MyParfum has already incurred a significant production effort - see paragraph 3.
(3) If more than five flacons are ordered, the customer expressly has no right to withdraw from the contract if there is a delay in delivery. Should delivery delays occur unexpectedly, MyParfum shall inform the customer of this at an early stage. By placing his order, the customer expressly accepts this.
4 Retention of title
(1) The goods shall remain the property of MyParfum until the claims due to MyParfum have been settled. If the customer is a merchant within the meaning of the German Commercial Code (HGB), MyParfum reserves ownership of all delivery items until receipt of all payments from the business relationship.
(2) The customer is obliged to treat the goods with care until the transfer of ownership to him.
5 Prices and shipping costs
(1) If delivery is made to customers in the EU, all prices stated on the MyParfum website are gross prices including the applicable statutory value-added tax. The delivery address indicated by the customer is decisive for the place of delivery.
(2) For customers outside the EU, all prices quoted are net prices. The delivery address indicated by the customer is decisive for the place of delivery. Any German value added tax which may be payable shall be paid additionally by the customer. Any taxes and import duties that may be payable in the country to which the customer has the goods delivered shall be borne by the customer.
(3) The corresponding shipping costs shall be stated on the order form and shall be borne by the customer unless the customer exercises his right of revocation. The amount of the shipping costs depends on the product, the order value and the place of delivery. Current shipping prices can be found at www.myparfum.de
(4) The dispatch of the commodity takes place by post office dispatch. MyParfum bears the shipping risk if the customer is a consumer.
(5) In the event of revocation, the customer shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 20.00 EUR or if the customer has not yet paid the consideration or a contractually agreed partial payment at a higher price of the goods at the time of revocation. MyParfum shall also bear the costs of the return shipment.
6 Terms of payment
(1) The customer may choose to pay by credit card, advance payment or PayPal. MyParfum reserves the right to restrict the choice of payment methods between which a customer can choose, depending on the order value, the shipping region or other objective criteria.
(2) Payment of the purchase price and the shipping costs is due immediately and without deduction upon conclusion of the contract.
(3) MyParfum is entitled to make use of the services of trustworthy third parties when processing payment. If third parties are involved in the handling of payments, payment in relation to MyParfum is only deemed to have been made when the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.
(4) If the method of payment chosen by the customer cannot be implemented despite contractual execution by MyParfum, for example because a debit from the customer's account is not possible due to lack of funds in the customer's account or due to incorrect data being provided, the customer must reimburse MyParfum or the third party commissioned by it to process the transaction for the additional costs incurred as a result.
(5) If the customer defaults on payment, MyParfum may assign its claims to a debt collection agency and transfer the personal data required for payment processing to this third party.
7 Warranty for material defects, guarantee
(1) Information, drawings, illustrations, technical data, descriptions of weight, dimensions and performance contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. MyParfum accepts no responsibility for the accuracy of this information. With regard to the type and scope of the delivery, only the information contained in the order confirmation is decisive.
(2) MyParfum shall be liable for material defects in accordance with the applicable statutory provisions, in particular, §§ 434 ff BGB (German Civil Code). The warranty period for items delivered by MyParfum to entrepreneurs is 12 months. If there is a mutual commercial transaction, the customer must observe § 377 HGB (German Commercial Code).
(3) A guarantee going beyond the statutory warranty exists for the goods delivered by MyParfum only if this was expressly stated in the order confirmation for the respective article.
(4) In the event of returns due to defects, MyParfum will also bear the postage costs.
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by MyParfum, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of the violation of essential contractual obligations, MyParfum shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence unless the customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of MyParfum if claims are asserted directly against them.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. MyParfum is therefore not liable for the constant and uninterrupted availability of the online offer.
(5) Insofar as the liability of MyParfum is excluded or limited in these General Terms and Conditions of Business and Delivery, this shall also apply to the personal liability for damages of the employees, workers, staff, representatives and vicarious agents of MyParfum.
(6) The provisions of the Product Liability Act remain unaffected.
9 Right of revocation
(1) In the case of contracts for the delivery of goods which - as is usually the case with the goods delivered by MyParfum - are not prefabricated and for the manufacture of which an individual selection or provision by the customer is decisive or which are clearly tailored to the personal needs of the customer, our customers are not entitled to a right of revocation pursuant to § 312g para. 2 no. 1 BGB (German Civil Code).
All designs, graphics, photos, texts and design elements of www.myparfum.de are the intellectual property of MyParfum and are subject to copyright and may not be used for private or business purposes without the consent of MyParfum. Any violation of copyright will be prosecuted.
11 Notes on data processing
(1) MyParfum collects customer data within the framework of the handling of contracts. In particular, the customer shall observe the provisions of the Federal Data Protection Act and the Telemedia Act. MyParfum will only collect, process or use the customer's inventory and usage data without the customer's consent if this is necessary for the processing of the contractual relationship and for the use and billing of Telemedia.
(2) MyParfum will not use the customer's data for advertising, market or opinion research purposes without the customer's consent. Excluded from this is the use of the e-mail address given in the order for references to own similar goods or services. The use for these purposes can be contradicted at any time, for example by e-mail to firstname.lastname@example.org.
(3) The customer has the opportunity at any time to receive information free of charge about the personal data stored about him by MyParfum. In addition, the customer can demand the correction of incorrect data as well as the blocking and deletion of his personal data, insofar as there is no legal obligation to store.
(4) Otherwise, with regard to the customer's consent and further information on data collection, processing, and use, reference is made to the data protection declaration, which can be called up in printable form at any time on the MyParfum website via the "Data protection" button.
12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between MyParfum and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(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 MyParfum is the registered office of MyParfum.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions if any. As far as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.