General terms and conditions –  AromArt

Status: 01/2021
General terms and conditions and consumer information in the context of sales contracts concluded
via the online store between AromArt | Bertolt-Brecht Straße 4 | 99326 Stadtilm
hereinafter referred to as “Seller” – and the customer – hereinafter referred to as “Customer” – are concluded.

§ 1 Scope and general information
(1) Subject to individual agreements and arrangements, which take precedence over these GTC,
the business relationship between the Seller and the Customer shall be governed exclusively by the following
General Terms and Conditions. Unless otherwise agreed, the inclusion of the
inclusion of the customer’s own terms and conditions is contradicted.

(2) The Customer is a consumer if he enters into the contract for purposes which are predominantly neither
neither his commercial nor his independent professional activity can be attributed.
On the other hand, an entrepreneur is any natural person or legal entity or a partnership with legal capacity
partnership which, when concluding a legal transaction, is acting in the exercise of its commercial or
independent professional activity.

§ 2 Conclusion of contract
(1) The contract is concluded with:
AromArt | Bertolt-Brecht Straße 4 | 99326 Stadtilm | +49 (0) 175 4727570

(2) The essential characteristics of the product result from the respective product description set by the seller.

(3) All offers in the online store of the seller represent only a non-binding invitation to the
invitation to the customer to submit a corresponding purchase offer to the seller. As soon as
the seller has received the order of the customer, the customer will first receive a confirmation of his
of his order with the seller is sent, usually by e-mail (order confirmation). The
Order Confirmation does not yet constitute acceptance of the order. After receipt of the order of the
customer’s order, the seller will check it at short notice and inform the customer within 2 working days
whether he accepts the order (order confirmation). The ordering process in the online shop
of the seller works as follows:

(4) The Customer can select products from the Seller’s assortment and place them in a shopping cart by clicking the button: “Add to shopping cart” in a so-called shopping cart. By clicking on the button “Shopping Cart” the customer gets an overview of the selected products. By clicking on the button “Buy now” a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change the data at any time by using the browser functions “Back” and “Next” to change and view the order and the data entered. The order can only be submitted and transmitted if the customer accepts it by
accepted these terms and conditions by clicking on the button “accept terms and conditions” and thereby included them in his application. The seller will then send the customer an automatic confirmation of
confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic only documents that the order of the customer has been received by the seller and does not constitute has received the customer’s order and does not constitute an acceptance of the application. The contract is not concluded until the declaration of acceptance by the seller, which is sent with a separate e-mail.

§ 3 Subject matter of the contract, quality, delivery, availability of goods

(1) The subject of the contract are the goods and services specified by the customer in the order and / or order confirmation at the final prices stated in the online store.
Errors and omissions excepted, especially with regard to the availability of goods.

(2) The quality of the ordered goods results from the product descriptions in the online store.
Images on the website may only inaccurately reflect the products; colors in particular may vary considerably for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weights, dimensions and description are as precise as possible, but may have the usual deviations. The characteristics described here do not represent any defects of the products
products delivered by the seller.

(3) If at the time of the Customer’s order no copies of the Product selected by the Customer are available, the Seller shall inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. A contract is not concluded in this case.

(4) If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the Customer thereof without undue delay in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract.
In this case, the seller is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

§ 4 Delivery, Prices, Shipping Costs

(1) Delivery to the shipping company takes place no later than four working days after receipt of payment. The delivery time is up to five days. The Seller shall indicate any deviating delivery times on the respective product page.

(2) Delivery is only made within the EU.

(3) All item prices include the statutory value added tax. The stated prices are retail prices plus shipping costs. The customer will receive an invoice with value added tax.

§ 5 Payment

Payment shall be made in advance (PayPal or bank transfer).

§ 6 Transport damage

(1) If goods are delivered with obvious transport damage, the customer is asked to immediately claim these to the delivery person and to contact the seller as soon as possible.

(2) Failure to make a complaint or to contact the Seller shall not affect the legal warranty rights of the customer, but helps the seller to make his own claims against the carrier or the transport insurance.

§ 7 Warranty for material defects

(1) The Vendor shall be liable for material defects in accordance with the statutory provisions applicable in particular §§ 434 ff BGB.

(2) A guarantee exists for the goods delivered by the supplier only if this is expressly stated in the order confirmation for the respective item.

(3) Complaints and claims for liability for defects can be made at the address given in the supplier identification.

§ 8 Retention of title

Until full payment, the delivered goods remain the property of the seller.

§ 9 Liability

The statutory provisions shall apply.

§ 10 Contract text

The text of the contract is stored on the Seller’s internal systems. The General Terms and Conditions can be viewed by the customer at any time on our website. The order data and a link to our general terms and conditions will be sent to the customer by e-mail. After completion of the order, the order data are no longer accessible via the Internet for security reasons.

§ 11 Final provisions

(1) The contract language is German.

(2) Contracts between the seller and the customer shall be governed by the laws of the Federal Republic of Germany excluding the laws on the international purchase of movable goods shall apply. This choice of law shall apply to consumers only to the extent that the contract is governed by mandatory of the law of the state of the consumer’s habitual residence is not withdrawn from the customer.

(3) 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 the Seller shall be the Seller’s place of business. This shall also apply customer does not have a general place of jurisdiction in Germany or the EU, or if the customer’s place of domicile or his habitual residence at the time of the action is not known.

Alternative Dispute Resolution pursuant to Art. 14 Abs. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Source: Rechtsanwalt Metzler – Rechtsanwalt für
Wettbewerbsrecht, Markenrecht und Urheberrecht