General Terms and Conditions cortes-fragrances.com
• § 1 scope
• § 2 conclusion of contract
• § 3 delivery conditions / shipping costs
• § 4 terms of payment / delay
• § 5 statute of limitations / inspection and notification obligations
• § 6 retention of title
• § 7 Redeeming promotional vouchers
• § 8 gifts
• § 9 limitation of liability / exemption from liability
• § 10 data protection
• § 11 voluntary right of return
• § 12 consumer arbitration board
• § 13 Applicable Law / Final Provisions
§ 1 scope
(1) The following general terms and conditions are part of every contract concluded via this website between Nouance Fragrances LTD., Ludwigstrasse 8, 80539 Munich, Germany. Owner of the label brand Cortes Fragrances (hereinafter: seller) and the buyer as well as their legal successors.
(2) The seller performs its services exclusively on the basis of these general terms and conditions. Deviating provisions of the buyer only apply with the express written consent of the seller.
(3) The validity of these general terms and conditions extends to all of the seller's services offered on this website. By making use of these general terms and conditions, the buyer accepts them as binding.
(4) Sales are only made to end users.
§ 2 conclusion of contract
(1) The seller's product presentation on this website does not yet constitute a binding offer by the seller, but merely an invitation to submit an offer.
(2) The contract in the form of a purchase contract comes through the submission of a purchase offer by the buyer and
a) the acceptance of the contract by the seller in the form of an order confirmation or
b) implied by the immediate dispatch of the goods requested by the buyer to the shipping address specified by the buyer.
(3) An order confirmation sent to the buyer by email does not constitute acceptance of the contract by the seller.
(4) The contract language is German.
§ 3 delivery conditions / shipping costs
(1) The delivery takes place immediately after receipt of payment (§ 4 of these general terms and conditions) to the delivery address specified by the buyer, unless a confirmed deviation in writing has been agreed.
(2) If the seller incurs additional shipping costs due to the specification of a wrong delivery address or an incorrect addressee, these costs are to be reimbursed by the buyer, unless he is not responsible for the incorrect information.
(3) For items of the "Nouance" brand, the buyer can order a maximum of 4 items of the same product per order. The order for the identical product is limited to a maximum of 12 items over a period of 12 months.
§ 4 terms of payment / delay
(1) The prices listed on the seller's website at the time of the order apply. The prices listed apply only to orders placed via the website. In particular, they do not apply to offers in the seller's local business premises.
(2) The purchase price plus shipping costs is due immediately upon conclusion of the contract without deduction. Payment of the purchase price plus shipping costs is made at the purchaser's option using one of the payment methods displayed during the ordering process. When paying by credit card, the buyer's credit card institute is instructed to collect the invoice amount as soon as the buyer has completed the order.
(3) All prices are to be understood as end customer prices including statutory sales tax.
(4) In the event of late payment by the buyer, the buyer is obliged to pay default interest of 5 percentage points above the respective base rate to the seller if he is a consumer (§ 13 BGB). If the buyer is an entrepreneur (Section 14 BGB), Section 4 (4) sentence 1 applies, with the proviso that the default interest rate is 9 percentage points above the base rate.
(5) Irrespective of Section 4 (4), the seller is free to prove higher damage caused by delay as well as other damage.
(6) In cooperation with the following service providers, we offer the following payment options:
Klarna
Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden.
Invoice: The payment period is 14 days from the dispatch of the goods. You can find the invoice conditions here. Sofortüberweisung: Your account will be debited immediately after placing the order. The use of the payment method invoice requires a positive credit check. Further information and Klarna's user conditions can be found here). General information on Klarna is available here. Klarna will treat your personal data in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
PayPal
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
PayPal Plus
As part of the PayPal Plus payment service, we offer various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen PayPal as the payment method, you must be registered there in order to pay the invoice amount, or you must first register and authenticate with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimation as a legitimate card holder by your credit card company at the request of PayPal and your card will be charged. You'll get more information during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. By confirming the payment instruction, you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). Upon submission of the direct debit mandate immediately after confirmation of the payment order, PayPal asks its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.
If you have selected the payment method invoice for private customers, you do not have to be registered with PayPal to be able to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay to PayPal with a debt-relieving effect. For payment processing via PayPal - in addition to our terms and conditions - the terms and conditions and privacy policy of PayPal apply. Further information and PayPal's full terms and conditions for invoice purchase can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE, https: //www.paypal com / en / webapps / mPP / ua / pui-terms? locale.x = en.
Instant bank transfer
After placing the order, you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with PIN / TAN procedure, which has been activated to participate in SOFORT Überweisung, legitimize yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction is carried out immediately afterwards by SOFORT Überweisung and your account is debited.
(7) Payment options: You can currently choose to pay in advance, cash on delivery, immediate transfer, invoice (after verification), credit card, direct debit (after verification, at the earliest from the second purchase).
§ 5 statute of limitations / inspection and notification obligations
(1) The limitation period for claims arising from liability for material defects is 24 months and begins with the handover of the purchased item. If the buyer is an entrepreneur (§ 14 BGB), the period is 12 months from delivery of the item.
(2) Section 5 (1) does not apply to liability for damage resulting from injury to body or health, which is based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller.
(3) Paragraph 1 does not apply to liability for other damages which are based on a grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the seller.
(4) The legal provisions, inspection and notification obligations under the HGB apply to merchants.
§ 6 retention of title
The seller reserves ownership of the delivered goods until the purchase price has been paid in full.
§ 7 Redeeming promotional vouchers
(1) Promotional vouchers (vouchers that you cannot purchase, but which we issue in the context of advertising campaigns with a specific validity period) are only valid in the specified period and can only be redeemed once during an order process. Individual brands can be excluded from the voucher campaign.
(2) The value of the goods must at least correspond to the amount of the promotional voucher. For administrative reasons, it is not possible to refund any remaining credit.
(3) Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. The credit of a promotional voucher is neither paid out in cash nor interest.
(4) The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined.
(5) If the credit of a promotional voucher is not sufficient for the order, the difference can be compensated with the payment options offered.
(6) The promotional voucher will not be reimbursed if goods are returned in whole or in part, provided that the promotional voucher has been issued as part of a promotion and no consideration has been paid.
§ 8 gifts
(1) The seller offers buyers gifts as part of certain promotions. During the duration of a gift campaign, the gift item automatically appears in the shopping cart when a certain item is purchased and / or when a minimum purchase value is reached.
(2) The customer receives at most one identical gift per order.
(3) If the promotions are tied to a minimum purchase value, an effective sales contract must be concluded for this amount. If the value of the order is reduced below the respective minimum purchase value by exercising the right of withdrawal under distance selling law, the gift will not be granted for this purchase. In such cases, the gift must be returned to the seller upon return of the goods.
(4) If the promotions are linked to the purchase of a specific product, the gift will not be granted if the right of withdrawal is exercised for this product. In such cases, the gift must be returned to the seller upon return of the goods.
(5) If the actions have a fixed duration, this can be found in the application for the respective action.
§ 9 Limitation of Liability / Release from Liability
There is a statutory right to liability for defects, unless something else is regulated in section 5 or section 9 (2) to (4) of these terms and conditions.
(2) The seller is only liable for damage other than injury to life, limb and health, insofar as this is based on willful or grossly negligent action or on culpable breach of an essential contractual obligation by the seller, her employees or her vicarious agents. This also applies to damage resulting from the breach of obligations during contract negotiations and from the conduct of unlawful acts. Any further liability for damages is excluded.
(3) Except in the case of willful or grossly negligent behavior, the violation of a cardinal obligation or the injury to life, body and health by the seller, her employees or her vicarious agents, the liability is limited to the damage typically foreseeable at the time the contract was concluded and the amount otherwise limits the typical average damage. This also applies to indirect damages, especially loss of profit.
(4) § 5 of these general terms and conditions remains unaffected, as does the provisions of the Product Liability Act.
§ 10 data protection
With regard to data protection, the seller's data protection declaration applies.
§ 11 Voluntary right of return
(1) For all purchases made through the use of www.cortes-fragrances.com, NOUANCE FRAGRANCES / CORTES FRAGRANCES grants you, in addition to the statutory right of withdrawal, a voluntary right of return of a total of 30 days from receipt of the goods if you are a consumer within the meaning of § 13 BGB acts. With this right of return, you can also withdraw from the contract after the 14-day cancellation period (see consumer information) by sending the goods to NOUANCE FRAGRANCES / CORTES FRAGRANCES within 30 days of their receipt (start of the day after receipt of the goods) and specifically to the end this point (1) return the specified address. Timely dispatch is sufficient to meet the deadline. A prerequisite for exercising the voluntary right of return is that you send the goods back in their original condition intact and in their original packaging.
Please send articles to:
Cortes Fragrances
Ludwigstrasse 8
D-80539 Munich
(2) The repayment will be made, if you exercise the voluntary right of return, to the account you used for payment. If this is no longer possible, we will contact you.
(3) The statutory right of withdrawal and the customer's statutory warranty claims remain unaffected by this right of return.
Until the expiry of the period for the statutory right of withdrawal, only the legal conditions listed there apply. The contractually granted (voluntary) right of return also does not limit your statutory warranty rights, which you retain without restriction.
§ 12 consumer arbitration board
NOUANCE FRAGRANCES / CORTES FRAGRANCES does not take part in a dispute settlement procedure before a consumer arbitration board.
§ 13 Applicable law / final provisions
(1) German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the consumer is habitually resident remain unaffected.
(2) If the buyer is a merchant or has no general place of jurisdiction in Germany or relocates abroad after the conclusion of the contract or his place of residence is not known at the time the action is filed, the place of performance and the place of jurisdiction for the disputes arising from this contract are the registered office the seller.