1 Field of Application

  1. Changes to this contract will be notified in written form by fax or e-mail. Changes will be considered to have been accepted unless contested within four weeks of notification. In the case of changes to the Conditions of Contract a separate communication will be sent to you concerning your right to contest and the legal consequences of remaining silent.

2 Privacy

  1. We will use your personal details (title, surname, address, date of birth, e-mail address, telephone number, fax number, aslo bank details and credit card number) according to the law on data protection.
  2. Your details, inasmuch as they are needed to provide the motive, the content or changes to the agreed contract (personal details) will be used exclusively to conclude the sales contract between us, for example to deliver goods to your address. Your express consent is required for a wider use of your details for the purposes of advertising, market research or to organise our offers to meet the needs of clients. You may give your consent to this before placing your order. This consent is given quite voluntarily, is available on our website and may be revoked at any time.
  3. Your personal details which are needed for access to our offers and for payment (user details) will be used initially only to conclude the sales contract between us. Such details are, in particular, those relative to your identity, information about the start and finish and entity of every use and information about the teleservices you use. We will also use these details for advertising purposes, market research and to organise our teleservices to meet the needs of clients or create user profiles using pseudonyms. You have the right to refuse this use of your user details.
  4. If you require further information or wish to see your consent form or revoke your consent to the use of your personal details, or if you wish to revoke consent to the use of your user details, our support line is available at info@ars-parfum.de or else by phone on 0221-914088-0.

3 Contract terms.

  1. Presentation of our products does not constitute any binding offer on our part. Only when you order a product a binding offer exists in accordance with 145 BGB (German Civil Law). If you accept this offer we will send you confirmation by e-mail. Confirming the order we reserve the right to verify availability. Items for sale are normally produced in limited numbers. Occasionally a product may not be available at the time of ordering and in this case you will be informed immediately.

4 Payment

  1. The purchase price is payable immediately on ordering. Payment of goods is made by bank transfer prior to shipment (advance payment).
  2. Send the amount due plus transport costs indicating your name and order number to the account of Sparkasse Köln di Bonn, CAB 37050198, account number 1000132678. Shipment of the goods ordered will be made when payment has been made into the above account.

5 Ownership Reservation

  1. The goods remain our property until total payment has been made.

6 Delivery Conditions

  1. Delivery will be carried out according to our agreement with you. The shipping costs are given alongside the description of the product and are indicated separately in the invoice. We point out that for shipment abroad there may be higher costs, customs dues, commissions and other such items. Terms and dates of delivery are binding only if confirmed by us in writing.
  2. If goods are not supplied or supplied without respecting terms of contract, you are required to concede an extension of two weeks to allow us to carry out the service, otherwise you may not terminate the contract.

7 Cancellation

  1. You may terminate the contract agreed between us within 14 days of receiving the goods without giving a reason. The cancellation must be made in writing or by returning the goods.
  2. This right does not hold for provision of goods produced to your specifications or which have been evidently made according to your requirements or which, by their nature, are not suitable to be returned or which have passed their sell-by date.
  3. In exercising your right to cancellation you are obliged to return the goods if they may be sent by parcel. This redelivery is made at our risk and expense if the order is not less than a gross payment of 40 Euro; otherwise you must meet the costs of returning the goods If goods are returned they must be sent to ars Parfum GmbH, section E-Commerce, Komödienstr. 56-58, 50667 Köln.
  4. If cancelling the contract you are required to pay an indemnity equivalent to the deterioration of the goods as a consequence of normal use. You may avoid this by simply checking the utility and suitability of the goods. If the above is not subject to diverse regulation, you are furthermore responsible for deterioration or destruction of the goods
  5. The right to cancellation of the contract holds independently of your guarantee rights in the case of defective goods (see 8 Guarantee).

8 Guarantee

  1. The details, designs, figures, technical data, descriptions of weight, size and performance contained in the brochures, catalogues, standard letters, advertisements or price lists are for information only. We assume no responsibility for the accuracy of such information. With regard to the nature and entity of supply, these are determined only by the data in the confirmation of the order.
  2. In the case of any defect giving rise to the right of guarantee, you have the legal right to subsequent action, termination of the contract or a reduction of the purchase price.
  3. The guarantee is valid for two years from the time of receiving the goods.
  4. You are required to examine the goods at the moment of delivery to verify any damage or evident defects. Eventual damage must be made known immediately to the transporter and registered on the delivery note. Defects and damage due to transport must be notified in writing to the company ars Parfum GmbH within 7 working days from the moment of delivery.

9 Limited Responsibility

  1. For any damage different from that caused by serious danger to persons, by damage to body or health, we will be held responsible only if they are a result of deliberate actions or serious negligence or negligent violation of an essential contract obligation on our part or the part of our collaborators (e.g. the delivery service). Any broader responsibility involving compensation for damages is excluded. The law regarding responsibility of the manufacturer remains valid.
  2. Given the present technology it is impossible to guarantee that information data by internet contain no errors and/or are available at every moment. We hold no responsibility either for the continuous uninterrupted availability of our on-line trading service, or technical and electronic errors during a sale independently of our will; in particular we are not responsible for delays in the processing or acceptance of offers.

10 End Clauses

  1. Changes or additions to these Conditions of Contract must be made in writing, This also holds for annulment of the requirement for written form.
    The Law of the German Federal Republic will be applied with the exclusion of the United Nations Convention regarding international sales contracts for merchandise. Obligatory regulations of your country of habitual residence are excepted.
  2. If there is no national general tribunal in your country or if after agreeing to the contract you move abroad or if your residence is not known at the moment of proposed legal action, the official tribunal for all controversies is the company office in Düsseldorf.
  3. If single provisions of this contract should be invalid or counter to the law, the remaining parts of the contract are excepted. The invalid provision will be substituted by an agreement of the parties concerned which corresponds more closely to the economic sense and purpose of the invalid provision and has legal effect. The above rule holds by analogy in the case of ommissions in the contract regulations.
 

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