Terms of service
General Terms and Conditions
REIMA AirConcept GmbH
Seiferitzer Allee 7
08393 Meerane
Germany
Tel.: 03764/795600
Fax: 03764/7956020
info@duftmarketing.de
www.duftoase.de
1. General
(1) These General Terms and Conditions (GTC) apply to all offers and services relating to the Internet platform www.duftoase.de. If the customer points out the inclusion of his own terms and conditions of business or purchase, these are contradicted.
(2) Individual contractual agreements take precedence over general terms and conditions.
2. Protection of minors
If your order includes goods whose sale is subject to age restrictions, we use a reliable procedure including a personal age check to ensure that the purchaser has reached the required minimum age. The deliverer will only hand over the goods after the age check has been carried out.
3. Formation of the contract
(1) The service descriptions on our website www.dutfoase.de do not constitute an offer to conclude a purchase contract. Such an offer is only made when the customer places an online order via the contact form or on the basis of an order placed by telephone or in text form. The confirmation of receipt of the order sent by us subsequently does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound to his offer (this expires) if we have not sent him the declaration of acceptance within 5 calendar days (calculated from the receipt of the order by us).
(2) If a declaration of acceptance received by the customer late was sent in such a way that it would have reached him in time with regular delivery, and the customer should have recognized this, he must notify us of the delay immediately after receiving the declaration, unless this has already happened beforehand. If the customer delays sending the notification, the acceptance is deemed not to have been late. Furthermore, the delayed acceptance by us is considered a new offer to conclude a purchase contract, which the customer can accept by expressly declaring acceptance or by taking receipt of the goods.
4. Choice of law
The contractual relationships between the parties to the purchase contract are subject to the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
5. Prices, payment, delivery, shipping costs
(1) The remuneration includes the sales tax (VAT) applicable at the time of the order.
(2) When concluding a contract, we offer the following payment options:
I. For deliveries within Germany:
1. Advance payment by bank transfer
2. PayPal PLUS (PayPal, direct debit, credit card and purchase on account, Klarna)
II. For deliveries abroad:
1. Advance payment by bank transfer
2. PayPal PLUS (PayPal, direct debit, credit card, Klarna)
III. In addition, our goods can be picked up from our warehouse against cash payment (warehouse location: Meerane) by arrangement.
We reserve the right to impose restrictions on the selection of payment methods, particularly for new customers, orders from abroad and depending on the result of any credit check.
(3) All items are delivered within Germany and abroad.
(4) Delivery to DHL packing stations is possible. We only use other shipping services in exceptional cases. The cost per package up to 31.5 kg is €5.89 within Germany (see also Shipping and Costs). Where possible, the ordered items will be combined and sent in one package. If the weight, quantity, dimensions or nature of the products do not allow this, we will inform you immediately in order to coordinate the changed shipping conditions with you. If, for technical or logistical reasons, shipping takes place in several stages, the shipping contribution will only be charged once. If delivery is not possible for reasons for which the customer is responsible, the customer will be charged the DHL return costs of €6.95.
Your order will be delivered abroad by our partner DHL. Delivery is usually made within 2 to 5 working days after receipt of payment. Delivery takes place from Monday to Saturday. You can find more information about delivery conditions and delivery countries under Shipping and Costs. We recommend that customers from abroad contact us before ordering. We also speak English.
Express shipping
We offer express shipping on request, which guarantees next-day delivery. In this case, please contact us directly by phone on 03764/795600 so that we can organize express shipping on time. We ship express with DHL. Delivery to DHL packing stations is possible. You can find more information under Shipping and Costs.
(5) You can find the shipping costs in the Shipping and Costs button in the navigation and in the offers.
6. Distance selling legal information
The description of the goods is based on the presentation on the Internet at www.duftoase.de .
The instructions on your statutory right of cancellation as a consumer, exceptions to the right of cancellation, its premature expiration, the cancellation form, the consequences of the cancellation, e.g. return, return costs and replacement value, can be found under the menu item Cancellation policy.
Delivery will take place within 5 working days at the latest (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring credit institution (in the case of advance payment) or after the contract has been concluded (in the case of cash on delivery).
We do not provide any customer services, in particular no customer service, and do not provide any guarantees ourselves.
There is no out-of-court complaint or legal remedy procedure to which we are subject.
All further information about our company, the offer and the processing of the purchase can be found in the presentations on our website.
7. Information on electronic commerce
(1) Technical steps for concluding a contract
See the explanations in section 2 of our general terms and conditions.
(2) Saving the contract text / printing
The customer can save the contract text by using the "Save as" function in his browser to save the relevant website on his computer. The print function in his browser also gives him the option of printing out the contract text. We save the contract texts ourselves and make them available to the customer by email or post if requested.
(3) Correction option
The customer can correct his entries at any time during the ordering process by selecting the "Back" button in the browser and then making the appropriate change. The customer can cancel the entire ordering process at any time by closing the web browser. Furthermore, the order overview before submitting the online order also offers an additional correction option, which the customer is informed of.
(4) Language
The language available for concluding the contract is exclusively German.
(5) Code of conduct
We have not subjected ourselves to any special code of conduct (rules).
8. Warranty
There is a statutory liability for defects in goods. The warranty for defects in goods is 24 months for new goods in accordance with the statutory regulation. For used goods, the warranty period is 12 months. The warranty period begins when the goods are handed over to the buyer.
However, the regular limitation period of 3 years remains, starting at the end of the year in which
1. the claim arose and
2. the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or would have become aware of them without gross negligence,
- if it concerns liability for damages resulting from injury to life, body or health that are based on a negligent or intentional breach of duty by me or a deliberate or negligent breach of duty by one of my vicarious agents or
- if it concerns liability for other damages that are based on a deliberate or grossly negligent breach of duty by me or a deliberate or grossly negligent breach of duty by one of my vicarious agents or
- if it concerns liability for fraudulently concealed defects, claims arising from guarantee promises or liability under mandatory statutory provisions, e.g. under the Product Liability Act.
The two-year limitation period for recourse claims in accordance with Section 478 of the German Civil Code remains unaffected.
The warranty does not cover normal wear and tear.
9. Retention of title
1. We retain ownership of the delivered item until all payments from the purchase contract have been received. If the buyer fails to meet his contractual obligations, in particular in the event of late payment, we are entitled to demand the return of the delivered item; in this case the buyer is obliged to hand over the item.
2. The buyer is obliged to notify us immediately of any seizure of the purchased item or other related access or attempted access by third parties to the purchased item so that we can exercise our rights under the retention of title.
10. Note on the Battery Act (BattG)
If the offer includes rechargeable batteries or batteries, you are legally obliged to dispose of used batteries or rechargeable batteries separately. Please hand them in at a municipal collection point or at a local retailer. You can return batteries and rechargeable batteries that you have received from us to us free of charge. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can and the chemical symbol of the respective harmful substance (e.g. "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find this information in the accompanying documents of the shipment.
The batteries in our battery-operated fragrance devices have a lifespan of 2 years.
11. Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty claims. However, it does help us to be able to assert our own claims against the freight carrier or transport insurer.
12. Data protection
(1) All personal customer data collected and stored by us is used exclusively for the purpose of processing the contract. The customer's first and last name, the associated billing and delivery address and any telephone number and email address stored are stored. The data collected is not passed on to other third parties, with the exception of legally necessary measures (e.g. debt collection agency, lawyer, credit agencies) and measures for the transport of goods including shipment tracking.
(2) The customer has the right to free information, correction, blocking and deletion of his stored data at any time.
13. Copyright notice
The photos posted on our website and the texts we have created are protected by copyright. Unauthorized copying and publication of these (even in part) will be prosecuted under criminal and civil law in accordance with Section 97 of the Copyright Act.
14. Place of jurisdiction
Meerane is agreed as the exclusive place of jurisdiction for all mutual disputes between the contracting parties arising directly or indirectly from the contractual relationship, provided that the contracting parties are merchants, legal entities under public law or special funds under public law.
15. Severability clause
If individual provisions of the contract with the customer, including these terms and conditions, are or become invalid in whole or in part, or if the agreements contain a gap, this does not affect the validity of the remaining provisions.
Information on the online dispute resolution platform:
We participate in a dispute resolution procedure before a consumer arbitration board. The responsible body is the Universal Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de).
Meerane, 21.06.2016