General Terms and Conditions

§ 1 Provider and Scope

1. These General Terms and Conditions apply to all orders placed by consumers via the EURO PERFUME online shop.
2. The provider and contractual partner is:

Vitalii Saiian
trading as EURO PERFUME
Schillerstrasse 40
49811 Lingen
Germany

E-mail: europerfumeshop@gmail.com

3. A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
4. Differing, conflicting, or supplementary terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their validity.

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§ 2 Conclusion of Contract

1. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
2. The customer can add selected products to the shopping cart and check and correct their entries at any time before completing the order.
3. By clicking the final order button, the customer submits a binding offer to conclude a purchase contract for the products contained in the shopping cart.
4. Immediately after sending the order, the customer will receive an automatic order confirmation via e-mail. This merely confirms the receipt of the order and does not constitute acceptance of the contract offer, unless acceptance is explicitly declared therein.

5. The purchase contract is concluded when we:

   • expressly accept the order via e-mail,
   • send a shipping confirmation, or
   • ship the goods to the customer.

   The point in time that occurs first shall be decisive.

6. If payment has already been collected before the contract is accepted and the order is not accepted, the amount already paid will be refunded immediately.
7. The contract language is German.
8. The order data will be stored within the scope of legal and technical possibilities. The customer will receive the order data and these GTC with the order confirmation or can save and print them before placing the order.

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§ 3 Products and Product Information

1. Our range includes, among other things, designer and niche fragrances, fragrance decants, as well as fragrance boxes and sample collections curated by EURO PERFUME.
2. Fragrance decants are filled into separate atomizers from regularly purchased original bottles.
3. Unless expressly stated otherwise in the respective product description, our fragrance decants are not official samples, miniatures, or decants from the respective manufacturers.
4. Fragrance boxes curated by EURO PERFUME are not official discovery sets of the brands mentioned therein, unless expressly stated otherwise in the respective product description.
5. Brand and product names are used exclusively for the unambiguous identification and description of the fragrances offered or contained. All trademark rights remain with the respective rights holders.
6. Product images are for illustrative purposes. Minor deviations in color, size, or presentation, which arise in particular from screen settings, lighting conditions, or different packaging series, do not constitute a defect, provided that the agreed quality of the product is not impaired.
7. The perception and development of a fragrance can vary depending on skin, environment, and personal perception. The fact that a fragrance does not meet the customer's personal taste or individual expectations does not in itself constitute a material defect.
8. The customer's statutory rights in the event of objectively defective, damaged, or incorrectly delivered goods remain unaffected.

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§ 4 Prices and Shipping Costs

1. All prices stated in the online shop are total prices in euros.
2. The stated prices include the statutory value-added tax (VAT).
3. In addition to the stated product price, shipping costs may apply. The amount of shipping costs is displayed to the customer in the checkout before the order is placed.
4. The price displayed in the online shop at the time the order is placed is decisive.
5. In the event of obvious price, spelling, or calculation errors, we are not obliged to accept the contract at the obviously incorrect price. Any payments already made will be refunded immediately in this case.

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§ 5 Payment Terms

1. The payment methods available in the respective order process are displayed to the customer in the checkout.
2. Depending on availability, the following payment methods in particular may be offered:
   • Shopify Payments;
   • Credit or debit card;
   • PayPal;
   • Apple Pay;
   • Google Pay;
   • further payment services displayed in the checkout.
3. Payment processing takes place according to the terms of the respective selected payment service provider.
4. Unless otherwise stated, the purchase price is due upon completion of the order process.
5. If a payment is not successfully processed or subsequently reversed, we are entitled to suspend the processing or shipping of the order until full payment is received.
6. Statutory rights of the customer remain unaffected.

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§ 6 Delivery and Shipping

1. Delivery is made to the delivery address specified by the customer in the order process.
2. The available delivery countries, shipping methods, shipping costs, and estimated delivery times are displayed in the online shop or the checkout.
3. Unless otherwise agreed, stated delivery times begin after the conclusion of the contract and successful payment processing.
4. If the end of a specified delivery period falls on a Saturday, Sunday, or a public holiday recognized at the place of delivery, the period ends on the next working day.
5. Should an ordered product exceptionally not be available, even though we have not yet accepted the order, we may refuse to accept the contract offer. The customer will be informed; payments already received will be refunded immediately.
6. If a product is permanently unavailable through no fault of our own after the contract has been concluded because we were not supplied despite a proper procurement transaction, we may withdraw from the contract. We will inform the customer immediately and refund any payments already made. Statutory claims of the customer remain unaffected.
7. The risk of accidental loss and accidental deterioration of the goods passes to consumers only upon handover of the goods to the customer or to a third party designated by the customer authorized to receive them.
8. If the customer has independently commissioned a carrier that was not previously offered by us, the statutory regulations on the transfer of risk apply.

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§ 7 Retention of Title

The delivered goods remain our property until the purchase price has been paid in full.

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§ 8 Right of Withdrawal

1. Consumers are generally entitled to a statutory right of withdrawal.
2. Details on the exercise of the right of withdrawal, withdrawal periods, the consequences of withdrawal, and the model withdrawal form can be found in our separate Cancellation Policy.
3. The cancellation policy is part of the pre-contractual consumer information and can be accessed permanently in the online shop.

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§ 9 Exclusion or Expiration of the Right of Withdrawal

1. The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
2. For appropriately sealed fragrance decants or fragrance sets, the right of withdrawal may therefore expire after the removal or damage of the protective seal provided for this purpose, provided that the legal requirements of § 312g para. 2 no. 3 of the German Civil Code (BGB) are met in the specific case.
3. Ordinary product packaging, a cap, or packaging without a recognizable protective seal does not automatically lead to the exclusion of the right of withdrawal.
4. The right of withdrawal also does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
5. The mere selection of a regularly offered size or product variant does not automatically lead to the exclusion of the right of withdrawal.
6. The statutory rights of the customer in the event of defective, damaged, or incorrectly delivered goods remain unaffected.

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§ 10 Statutory Liability for Defects

1. The statutory liability for defects applies.
2. The customer is requested to check the goods for obvious transport damage, shortages, or incorrect deliveries upon receipt and to inform us of any such issues as soon as possible.
3. Failure to provide such notification or a delay in doing so does not limit the customer's statutory rights regarding liability for defects.
4. In the case of a justified complaint, the statutory claims apply, in particular for subsequent performance and – provided the legal requirements are met – reduction, withdrawal, or damages.
5. A mere dislike of a product that is otherwise in good condition does not constitute a material defect.

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§ 11 Liability

1. We are liable without limitation:
   • in the event of intent and gross negligence;
   • for damages resulting from injury to life, body, or health;
   • according to the provisions of the Product Liability Act;
   • in the case of fraudulent concealment of a defect;
   • to the extent of an expressly assumed guarantee.
2. In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable, contract-typical damage.
3. Material contractual obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
4. Otherwise, liability for damage caused by slight negligence is excluded.
5. The above limitations of liability also apply to our legal representatives, employees, and vicarious agents.
6. Statutory mandatory liability provisions remain unaffected.

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§ 12 Notes on Product Usage

1. The fragrance products offered may contain alcohol, fragrances, and potentially allergenic components.
2. Product information and any instructions provided on the packaging or the product itself must be observed.
3. Contact with eyes and mucous membranes should be avoided. The products must be kept out of the reach of small children.
4. In case of known hypersensitivity to certain ingredients, the product should not be used.
5. This notice does not limit the statutory rights regarding a defective or faulty product.

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§ 13 Data Protection

Information on the processing of personal data, service providers used, cookies, and the rights of data subjects can be found in our separate Privacy Policy.

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§ 14 Copyright and Trademark Rights

1. The content of the online shop created by us, in particular our own texts, photographs, graphics, logos, and designs, are protected by copyright or other industrial property rights.
2. Reproduction, processing, distribution, or any other use is not permitted without prior consent, unless legally permitted.
3. Product and brand names of third parties as well as any brand marks depicted remain the property of the respective rights holders.
4. The use of third-party brand and product names occurs exclusively for the unambiguous identification of the goods offered and does not imply any statement about an economic or official connection to the respective rights holders.

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§ 15 Consumer Dispute Resolution

We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

The European Commission's former online dispute resolution platform was discontinued on July 20, 2025. A link to this platform is therefore no longer required in the GTC. The duty to inform about the willingness or obligation to participate in a consumer arbitration process still generally exists under § 36 VSBG for entrepreneurs who maintain a website or use GTC; legal exceptions, in particular for certain small businesses, may apply in individual cases.

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§ 16 Applicable Law

1. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.
2. With regard to consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of their habitual residence.

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§ 17 Place of Jurisdiction

1. For consumers, the statutory provisions regarding the place of jurisdiction apply.
2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Lingen, to the extent legally permissible.
3. The same applies, to the extent legally permissible, if the customer does not have a general place of jurisdiction in Germany or if their residence or habitual residence is unknown at the time the action is filed.

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§ 18 Final Provisions

1. Should individual provisions of these GTC be or become invalid in whole or in part, the remaining legal and contractual regulations remain unaffected.
2. The statutory provisions shall replace any invalid provision.
3. Changes or additions to these GTC apply to future orders. The version applicable at the time of the conclusion of the contract is generally binding for an order.

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§ 19 Contact

If you have any questions regarding these General Terms and Conditions, you can reach us at:

EURO PERFUME
Vitalii Saiian
Schillerstrasse 40
49811 Lingen
Germany

E-mail: europerfumeshop@gmail.com