Terms of service

§ 1 Scope of application & defence clause

(1) The following General Terms and Conditions in the respective version at the time of the order apply exclusively to the legal relationships established between olfaktorisch (hereinafter referred to as the "supplier") and its customers via this Internet shop.

(2) Deviating general terms and conditions of the customer are rejected.

§ 2 Conclusion of the contract

(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely invited to make an offer by placing an order.

(2) By sending the order in the Internet shop, the customer submits a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping basket. By sending the order, the customer also recognises these terms and conditions as solely authoritative for the legal relationship with the supplier.

(3) The supplier confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contractual offer by the Provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.

§ 3 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§ 4 Due date

Payment of the purchase price is due upon conclusion of the contract.

§ 5 Warranty

(1) The customer's warranty rights are governed by the general statutory provisions, unless otherwise stipulated below. The provision in § 6 of these GTC applies to the customer's claims for damages against the supplier.

(2) The limitation period for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods. For entrepreneurs, the limitation period is 1 year for newly manufactured items and 1 year for used items. The above reduction of the limitation periods shall not apply to claims for damages by the customer based on injury to life, limb or health or to claims for damages based on a breach of material contractual obligations. Material contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above reduction of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. The right of recourse in accordance with § 478 BGB (German Civil Code) is also excluded from the shortening of the limitation periods vis-à-vis entrepreneurs.

(3) A guarantee is not declared by the supplier.

§ 6 Exclusion of liability

(1) Claims for damages by the customer are excluded unless otherwise stipulated below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them.

(2) Excluded from the exclusion of liability stipulated in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damage caused by an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(3) Regulations of the Product Liability Act (ProdHaftG) remain unaffected.

§ 7 Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the provider's consent, unless the customer proves a legitimate interest in the assignment or pledging.

§ 8 Offsetting

The customer only has a right of set-off if his claim for set-off has been legally established or is undisputed.

§ 9 Choice of Law & Place of Jurisdiction

(1) The contractual relations between the supplier and the customer are governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions 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 is excluded.

(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 10 Severability clause

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.