General terms and conditions and customer information

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Clair De Lune)via the website www.clairdeluneparfum .com close. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description. 
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar name) and after entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1)You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract available. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for accuracy and therefore assume no liability for errors.

§ 4 Special agreements on offered payment methods

(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

(2) Payment via "Stripe"
If you select a payment method offered by "Stripe", payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "Stripe" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe.com/de .

§ 5 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

(3) Pricing Errors: We reserve the right to cancel or adjust orders if there are apparent pricing errors. This also applies if the customer has already received an order confirmation. In such cases, we will inform the customer immediately and, if necessary, offer alternative options.

§ 6 Warranty

(1) The statutory liability rights for defects apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3)If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you are informed of the same before we submit the contractual declaration were set and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law

(1)  German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2)  The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

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II. Customer information

1. Identity of the seller

Legal provider identification:
FRAGRANCES ltd

Email: service@clairdeluneparfum.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you. 

5.4. Any costs incurred for the money transfer (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory liability law for defects

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).