Conditions

TERMS AND CONDITIONS OF
 
https://divine-fragrance.com

Welcome to Divine Fragrance!

§ 1 Scope and provider

(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products by Divine Fragrance (hereinafter Supplier) to you, in the version valid at the time of the order.

(2) Differing terms and conditions of the customer will be rejected.

(3) Please read these terms and conditions carefully before placing an order with Divine Fragrance .

By placing an order with Divine Fragrance, you agree to the application of these Terms and Conditions of Sale to your order.

(4) On Divine Fragrance we offer the sale of the following products.

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German/English.

(2) The offers are aimed exclusively at end customers with an invoice and delivery address in:

Worldwide.

For individual bulky items, the possible delivery addresses and delivery location may be restricted; the restriction is stated in the respective list price.

(3) The customer must be 18 years of age or older.

(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is simply invited to make an offer.

(5) Your order represents an offer to Divine Fragrance to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information required there and in the last ordering step clicks the "order with payment" button.

clicked.

(6) The purchase contract between the provider and the customer is only concluded through a declaration of acceptance by the provider. This takes place on the earlier of the two dates, either by sending the goods or by sending a shipping confirmation by email. Please note that confirmation of receipt of your order does not constitute a declaration of acceptance in the sense mentioned above.

(7) The effectiveness of contracts for quantities larger than normal household quantities as well as the commercial resale of the purchased item requires express confirmation from the provider. This applies both to the number of products ordered within one order and to placing multiple orders for the same product, where the individual orders contain a standard household quantity.

(8) Your orders will be saved by us after the contract has been concluded. If you lose your order documents, please contact us by email or telephone. We will send you a copy of the order details.

(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the website. We will inform you in the shipping confirmation for each delivery whether an electronic invoice is available.

For more information about electronic invoices, visit our website.

§ 3 Prices and shipping costs

(1) Our prices include the applicable statutory VAT and include a flat rate for shipping and a shipping surcharge. The shipping surcharges vary depending on the delivery method and the nature of the item.

(2) Despite our best efforts, a small number of the products in our catalog may be mispriced. We verify prices when we process your order and before charging payment. If a product is mispriced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you whether you would like to purchase the product at the correct price or cancel the order.

If a product's correct price is lower than our stated price, we will charge the lower amount and ship the product to you.

(3) The prices at the time of the order apply. If list prices are available, the list prices valid at the time of the order apply.

§ 4 Delivery and cancellation

(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.

On the website you will find information about the availability of products sold by Divine Fragrance (e.g. on the respective product detail page). We would like to point out that all information regarding the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.

(2) If Divine Fragrance discovers while processing your order that the products you ordered are not available, you will be informed separately by email or by message in your customer account. The legal rights of the customer remain unaffected.

(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address specified by him, even though the delivery time is reasonable for the customer If the deadline has been announced, the purchaser will bear the costs for the unsuccessful delivery.

(4) Delivery depends on the customer's payment method. In the case of advance payment, delivery takes place after the payment order has been issued to the transferring credit institution. If you pay by PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery will take place after the contract is concluded.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Divine Fragrance . Regardless of your right of cancellation, you can cancel your order for a product free of charge at any time before you receive the associated shipping confirmation.

§ 5 inches

(1) If you order products from Divine Fragrance for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the designated destination. Any additional customs clearance charges must be borne by you; we have no influence on these fees. Customs regulations vary greatly from country to country, so you should contact your local customs office for further information.

(2) Further, please note that when ordering from Divine Fragrance, you will be considered the importer and must comply with all laws and regulations of the country in which you receive the products. Protecting your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For further information please read the general customs information.

§ 6 Payment

(1) The customer can pay for the goods using the following payment methods:

- PayPal

- Credit card

- Instant bank transfer

- On Bill

Payment by invoice is only possible for consumers aged 18 and over. The delivery address, house address and billing address must be identical and be in the following countries:

Worldwide delivery

Payment by invoice is not possible for services that are transmitted online (e.g. software for download) or for the purchase of gift cards. The amount invoiced become due within receiving the bill. Divine Fragrance reserves the right not to offer certain payment methods in individual cases.

When paying by invoice, a one-off fee of €0 (zero euros) including the applicable VAT per delivery will be charged in addition to any shipping costs that may arise for the complete shipment. The customer will always be informed separately before the contract is concluded whether this fee applies.

If the invoice amount is not paid on the due date for reasons for which the purchaser is responsible, Divine Fragrance will charge a flat-rate compensation of €10 (ten euros).

The customer can prove that no damage occurred at all or that it was significantly lower than the flat rate.

When paying by invoice or in other cases where there is a legitimate reason , Divine Fragrance checks and evaluates the customer's data.

- Payment in advance

(2) Certain payment methods can be excluded by the provider in individual cases.

(3) The customer is not permitted to pay for the goods by sending cash or checks.

(4) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.

(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.

(6) If the provider offers payment by credit card and the customer chooses this payment method, he expressly authorizes the provider to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.

(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer issues the provider a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or incorrect bank details, the customer must bear the costs.

(8) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of any cash discount.

(9) If the customer defaults on payment, the provider reserves the right to claim damages due to the delay.

§ 7 Offsetting and right of retention

(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.

(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 8 Retention of title

Divine Fragrance reserves ownership of the goods until full payment has been made.

§ 9 Right to Defects

(1) If the purchaser is a consumer, the warranty and liability for defects of the purchased item delivered is based on the legal regulations: Accordingly, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods in addition to their 30-day return guarantee and may request repair or replacement of products purchased on Divine Fragrance if they prove defective or not as described.

If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction in the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the customer is not a consumer, the defect will be remedied by new delivery or new fulfillment.

§ 10 Limitation of liability (products)

(1) The provider is liable for claims for damages from the customer resulting from injury to life, body, health or from the violation of essential contractual obligations, as well as for other damages that are due to their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider based.

(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.

(3) The provider is liable for violations of essential contractual obligations that are based on foreseeable damage typical of the contract, provided the damage was caused simply by negligence. This limitation does not apply to the purchaser's claims for damages based on injury to life, body or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) To the extent that Divine Fragrance 's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§ 11 Cancellation policy

(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following

Regulations:

(2) Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier receives the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of one If you have taken possession of goods in several partial shipments or pieces, you can withdraw your consent without giving reasons (only applies to unopened products).

To exercise your right of withdrawal, you must contact us:

Divine Fragrance

Email: Info@divine-fragrance.com

inform you of your decision to withdraw from this contract by means of a clear statement (via email). You can use the model cancellation form on our website or send us another clear declaration. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.

To meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired and that you have returned the goods via our online returns center within the deadline defined below.

For additional information regarding the scope, content and explanations on how to exercise, please contact our customer service.

(3) Consequences of revocation

If you revoke this contract, we must repay all payments that we have received from you, excluding delivery costs, immediately and at the latest within 14 days from the day on which we received notification of your revocation of this contract. For this repayment we will use the same payment method that you used in the original transaction, unless something different was expressly agreed with you; in no case will you be charged any fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must deliver the goods to Divine Fragrance immediately and in any case no later than 14 days from the day on which you notify us of your cancellation of this contract

to return or hand over. The deadline is met if you send the goods before the deadline of 14 days has expired. You have to bear the cost of returning.

(4) Exceptions to the right of withdrawal

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

The right of withdrawal does not exist or expires for the following contracts:

- for the delivery of goods which are not suitable for return for health protection or hygiene reasons and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature; -to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery; -• for the supply of goods that are made to customer specifications or that are clearly tailored to personal needs • for the supply of goods that can spoil quickly or whose expiry date would quickly be exceeded; • for services, if Divine Fragrance has provided them in full and you have acknowledged and expressly agreed before placing the order that we can begin to provide the service and you will lose your right of withdrawal upon full performance of the contract;

- for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and • for the delivery of alcoholic beverages, the price of which was agreed upon when concluding the purchase contract, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

§ 12 Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; • to supply goods that can spoil quickly or whose expiry date would quickly be exceeded;

(2) The right of withdrawal expires prematurely for contracts • for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery; • to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 13 Data protection

(1) If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data over the Internet (e.g. via email) may have security gaps. Accordingly, incorrect and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this regard is excluded.

(3) Third parties are not authorized to use contact details for commercial activities unless the provider has given the data subjects prior written consent.

(4) You have the right to receive complete and free information from Divine Fragrance about the data relating to you at any time.

(5) The user also has the right to correct/delete data/restrict processing.

(6) Further information on data protection can be found in the separate data protection declaration.

§ 14 Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

(3) Through the use of cookies, users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, which are usually so-called session-related cookies.

Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).

(5) You can object to the storage of cookies; there is a banner available to you that you can object to/accept.

(6) Of course, you can set your browser so that no cookies are stored on your hard drive or cookies that have already been stored are deleted. Instructions regarding preventing and deleting cookies can be found in the help function of your browser or software manufacturer.

§ 15 Final provisions

(1) The contract language is German/English.

(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Divine Fragrance with the involvement of a parent or guardian.

(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, rules and conditions including these General Terms and Conditions at any time. The terms of sale, contractual conditions and General Terms and Conditions in force at the time of your order apply to your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this case occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.