General terms and conditions of the online shop www.zarkoperfume.deGeneral terms and conditions and customer information
General Terms and Conditions and Customer InformationI. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions of business apply to contracts that you conclude with us as a supplier (nice.brands global trade GmbH) via the Internet site www.zarkoperfume.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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) As soon as you place the respective product on our website, we will make you a binding offer to conclude a contract under the conditions specified 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 access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to check and change all details again (also using the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the "buy" button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Payment by invoice and financing via Klarna Germany
In cooperation with Klarna, we offer invoice purchase and instalment purchase as a payment option. Please note that Klarna Invoice and Klarna Installment Purchase are only available for consumers and that payment must be made to Klarna in each case.
When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here.
Klarna hire purchase
With Klarna's financing service you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least € 6.95). For more information on Klarna Instalment Purchase including the General Terms and Conditions and the European Standard Information for Consumer Credit, click here.
(2) Payment via Klarna Checkout
In cooperation with Klarna we offer the following payment options. The payment is always made to Klarna:
Klarna invoice: Payable within 14 days from date of invoice. The invoice will be issued when the goods are dispatched and sent by e-mail. You can find the invoice conditions here.
Klarna hire purchase: With Klarna's financing service you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR). For more information about Klarna Instalment Purchase including the General Terms and Conditions and the European Standard Information for Consumer Credit, click here. Instant bank transfer
Credit card (Visa/Mastercard) Direct debit
with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
§ 4 Right of retention, reservation of title
(1) You may 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.
(1) The statutory rights to liability for defects exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it is not contradicted by mandatory provisions of the law.
of the State of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The place of performance for all services arising from the business relations existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.
are. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or usual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II Customer information
1. identity of the seller
nice.brands global trade GmbH Mohrenstraße 7-9
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at https://ec.europa.eu/odr.
We are not willing to participate in dispute resolution procedures before consumer dispute resolution bodies.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 Contract language is German .
3.2 The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the
Order with us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. codes of conduct
4.1 We have subjected ourselves to the buyer seal quality criteria of the Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel- qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services are to be found in the respective offer.
6. prices and terms of payment
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 Shipping costs are not included in the purchase price. They can be called up via a correspondingly marked 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 delivery has been promised.
6.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4 Any costs arising from the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment was arranged outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. terms of delivery
7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred 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 any other person designated to carry out the shipment.
8. legal liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions of Business (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the dealer association specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.