General Terms and Conditions (GTC) of ars Parfum Creation & Consulting GmbH for the offer, use and business transactions at www.thescentist.com and all subdomains belonging to this domain and / or in distance selling.
Identity of the seller & sender:
ars Parfum Creation & Consulting GmbH
Managing Director: Guido Maria Schmitt
Rondorfer Hauptstr. 33
Telephone: 0 22 33 - 717 62 0 daily 8.30 a.m. - 5 p.m.
§ 1 Area of application
For your orders of goods and the purchase of vouchers via thescentist.com apply — assuming that this does not deprive you of further consumer protection at your place of residence in Europe — exclusively the following general terms and conditions of ars Parfum Creation & Consulting GmbH, Rondorfer Hauptstr. 33, 50997 Cologne, Germany (phone: +49 22 33 - 717 62 0, e-mail: email@example.com), in their version valid at the time of the order, are in place.
You may download the text to your computer or print it out. Any provisions deviating from these terms and conditions shall only apply if they have been confirmed by us in written form. The domain www.thescentist.com is operated by the above mentioned seller.
§ 2 Conclusion of contract
(1) Contract language is German. Our information about goods and prices within each order process are subject to change and non-binding. Rather, you first make a binding offer to purchase by placing your order via the "Buy" button, which still requires acceptance by us. Only with the acceptance of your order, the purchase contract for the goods comes into effect. We are not obliged to accept your purchase offer.
(2) Your order is accepted by us by confirming the dispatch of the goods or the voucher by e-mail.
You may not pass on a password required for the order to third parties. In the event of disclosure, you shall also be liable for orders placed by the third party. You are responsible for any orders made with your password and any resulting claims.
(3) We do not store the text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function.
§ 3 Cancellation policy
Right of revocation
§ 312g para. 2 sentence 1 No. 1 BGB provides that the right of withdrawal does not apply to distance contracts for the supply of goods that "are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer". Since the fragrances of THE SCENTIST are individualized and hand-mixed unique pieces, there is no right of withdrawal for the above reasons.
§ 4 Delivery
(1) Standard deliveries within Germany shall be made free of shipping costs from an order total of 120.00 Euro. Order total means the subtotal for all products in an order minus all discounts. If the order total of an order is less than this amount, we charge a flat rate of 4.90 Euro for delivery within Germany. Outside of Germany we ship worldwide, we charge a flat rate of 9.90 Euro for international shipping. The stated shipping costs include the statutory value-added tax. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised. If the delivery is made to countries outside of Germany, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
(2) Standard deliveries are made in Germany to the delivery address specified in the order. Deliveries are made by DHL, DPD or Deutsche Post. Depending on the shipping method, the delivery can also be delivered to packing stations. These options can be selected in the order process if available, otherwise they are not available for the respective order and/or product. Delivery to P.O. Box addresses is not possible.
(3) If no other period is specified in the item description, the delivery of the goods in Germany usually takes place within 3-5 working days, for foreign deliveries, the delivery after order confirmation can sometimes vary significantly from this but is usually between 5 - 10 days (with agreed prepayment on the day after your payment instruction). Please note that there is no delivery on Sundays and public holidays.
(4) We expressly reserve the right at any time and without giving reasons to change, extend, limit or partially or completely discontinue the special delivery types mentioned in the aforementioned § 4 and to partially or completely no longer offer them. Excluded from this is the standard delivery method according to § 4 para. 1.
(5) Public holidays and public holidays that vary within Germany may affect the delivery date of your order and may result in a postponement of the delivery by up to two working days following the public holiday.
(6) We are entitled to make partial deliveries insofar as this is reasonable for you based on a consideration of your and our interests. In the case of partial deliveries, we shall of course bear the additional shipping costs incurred as a result. The dispatch of partial deliveries is at our risk. Upon receipt of each partial delivery, the risk for the delivered items shall pass to you. If we are in default with outstanding partial deliveries or if outstanding partial deliveries are not possible for us, you are entitled to withdraw from the contract as a whole or to claim damages for non-performance of the entire obligation whenever the partial delivery is of no interest to you.
§ 5 Means of payment, discounts, due date, default and retention of title.
(1) You will be offered a choice of the following payment options:
- Bank transfer. After you have ordered the desired products, you will receive an order confirmation by e-mail with our bank details. You then pay the goods in advance to our account. As soon as the amount is credited to our account, you will receive a payment confirmation by e-mail and your order will be handed over to the shipping department.
- PayPal. You are welcome to pay your products with PayPal, there are no fees for you. As soon as PayPal has confirmed the payment, we will ship your goods as soon as possible.
- Credit card payment. Your credit card account will be charged when the goods are shipped.
For all payment methods there are no fees for our customers.
(2) Discounts or discount vouchers (e.g. a voucher with a discount code, a newsletter bonus, or a birthday voucher) can only be redeemed under the terms of the promotion as advertised. Multiple discounts and discount vouchers cannot be combined.
(3) No discounts are granted on voucher cards.
(4) The purchase price is due upon complete delivery, i.e. handover of the goods or the gift voucher cards.
Your account will be debited at the next possible date, depending on the selected payment method. In the case of purchase on account, the purchase price must be credited to the account specified in the invoice no later than 14 days after delivery.
In case of payment by direct debit, the invoice amount will be debited from your specified account 2 days after the invoice date.
Otherwise, depending on the selected payment method, your account will be debited at the next possible date.
(5) If, in the case of a purchase on account, the invoice amount to be paid is not credited to our account in due time, you will automatically be in default. Even without further reminder, you are then additionally obliged to pay the statutory default interest in the amount of five percentage points above the respective base interest rate announced by the European Central Bank and the further damage caused by default, in particular the further collection costs. However, you shall in any case be entitled to prove that no damage or a lesser damage has been incurred.
(6) The delivered goods remain our property until full payment has been made. In the event of conduct in breach of contract on your part, in particular in the event of default in payment, we shall be entitled, after setting a reasonable deadline, to take back the delivered item; you shall be obliged to surrender it.
§ 6 Claims for defects
(1) The product illustrations do not always have to match the appearance of the delivered products. In particular, changes in the appearance and equipment of the products may occur after the manufacturer's product range has been renewed. Claims for defects do not exist insofar as the changes are reasonable for the customer.
(2) If the goods are defective, we shall provide subsequent performance within a reasonable period of time, i.e. either replacement delivery or rectification of the defects. If the supplementary performance chosen by you is only possible at disproportionate expense, we shall be entitled to provide supplementary performance in the other form. The expenses necessary for the subsequent performance shall be borne by us. If we do not succeed in providing subsequent performance, you shall have the right to either rescind the purchase or reduce the purchase price.
(3) Defective goods shall be returned to us unless you have decided to reduce the purchase price.
(4) Claims for defects shall become time-barred within 2 years from the date of delivery of the goods.
(5) The costs for the return shipment in case of a defect are to be borne by us.
§ 7 Compensation
Compensation for damages due to breach of an obligation arising from the contractual relationship shall be paid under the statutory conditions. The same shall apply to claims for damages based on the Product Liability Act. All instructions on the packaging and inserts must be observed. No liability shall be assumed for any use and/or handling deviating therefrom.
§ 8 Data protection/ Credit assessment
The data necessary for the business transaction will be stored.
All personal data will of course be treated confidentially.
Our company checks your creditworthiness for orders where there is a risk of non-payment and we therefore have a legitimate interest. During the credit check, a probability value for the risk of non-payment is determined. In calculating the probability value, among other things (but not exclusively) your address data is used.
§ 9 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with your online order initially and without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We will endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in a dispute resolution procedure and unfortunately cannot offer you participation in such a procedure.
You can also reach us by e-mail at firstname.lastname@example.org.
§ 10 Miscellaneous
(1) We reserve the right to change the general terms and conditions at any time. These are available at any time in their current version on thescentist.com, as a PDF file for download and print.
(2) For our customers in Germany, German law applies. For customers residing abroad, the sales law of the country in which the customer usually resides shall apply.
(3) Claims and complaints can be asserted at the address stated in § 1.