General terms and conditions of business

Terms and Conditions (T&C)

The following Terms and Conditions apply to all contracts concluded between the customer and
Buchöd – Parfüm und Duftmanufaktur GbR
Theresa Höß, Sebastian Rost, Bernhard Kram, Marcel Flemming
(Marktplatz 16a, 93453 Neukirchen beim Heiligen Blut, Germany)
via the website www.buchoed.de.
They also include statutory information on the customer’s rights under distance-selling regulations and electronic commerce law.

Scope, Contractual Partner

Order Process and Conclusion of Contract

Prices and Shipping Costs

Delivery, Availability of Goods

Payment Terms

Retention of Title

Warranty for Defects

Liability

Storage of Contract Text, Contract Language

Right of Withdrawal

Information under the Consumer Dispute Resolution Act (VSBG)

Place of Jurisdiction, Applicable Law

1. Scope, Contractual Partner

1.1. The business relationship between Buchöd – Parfüm und Duftmanufaktur GbR, Theresa Höß, Sebastian Rost, Bernhard Kram, Marcel Flemming (hereinafter referred to as “Seller”) and the customer (hereinafter “Customer”) is governed exclusively by the following Terms and Conditions in the version valid at the time of the order.

1.2. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (§ 13 BGB).

1.3. Deviating terms of the Customer shall not be recognised unless the Seller expressly agrees to their validity.

1.4. The contractual partner for all contracts concluded via the website www.buchoed.de is
Buchöd – Parfüm und Duftmanufaktur GbR,
Theresa Höß, Sebastian Rost, Bernhard Kram, Marcel Flemming
Marktplatz 16a
93453 Neukirchen beim Heiligen Blut, Germany.

2. Order Process and Conclusion of Contract

2.1. The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to submit an order. The contract is concluded through completion of the ordering process, which is summarised below.

2.2. The Customer may select products from the Seller’s assortment without obligation and place them in a virtual shopping cart via the “Add to Cart” button. The Customer may then proceed to checkout by clicking the “Proceed to Checkout” button and entering all required information.

2.3. By clicking the “Buy Now” button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer may review and change the entered data at any time. Required fields are marked with an asterisk (*).

2.4. The Seller will then send the Customer an automatic confirmation email in which the Customer’s order is listed again and which the Customer may print via the browser’s print function (“Order Confirmation”). This automatic confirmation only documents the receipt of the order; it does not constitute acceptance of the offer.

The contract is concluded only through an explicit declaration of acceptance sent by email or through dispatch or delivery of the goods.

The purchase contract is concluded when the Seller ships the ordered product within 2 days, hands it over to the Customer, or confirms shipment within 2 days via a second email, an explicit order confirmation, or by sending the invoice.

2.5. If the Customer selects advance payment, the contract is concluded upon provision of the Seller’s bank details and request for payment. If payment is not received within 10 calendar days after sending the order confirmation—even after a reminder—the Seller is entitled to withdraw from the contract. In this case, the order becomes void without further consequences for either party. Reservation of the goods for advance payment orders is therefore limited to a maximum of 10 calendar days.

3. Prices and Shipping Costs

3.1. All prices listed on the Seller’s website are final prices. Due to the Seller’s small business status pursuant to § 19 UStG, VAT is not charged and therefore not shown.

3.2. In addition to the listed prices, shipping costs apply. These are clearly communicated to the Customer on a separate information page and during the order process.

4. Delivery, Availability of Goods

4.1. Where advance payment is agreed, delivery will take place only after receipt of payment. Otherwise, the Seller will dispatch the ordered goods in time for delivery within the stated delivery period.

4.2. If some of the ordered products are not in stock and this is expressly indicated in the product description, the Seller may deliver the available items at no additional cost, provided this is reasonable for the Customer. Items that become available later will be delivered within the delivery period stated on the item page. In the event of unexpected delays not stated in the description, the Seller will notify the Customer immediately. The Customer may then withdraw from the contract or agree to partial deliveries.

5. Payment Terms

5.1. The Customer may choose from the payment methods offered during the checkout process. The available payment methods are:

PayPal
Klarna

The Seller reserves the right to limit available payment methods depending on factors such as order value, product selection, or the Customer’s creditworthiness. The Seller may also reject certain payment methods after the order has been submitted. The Customer may then choose another payment method or cancel the order.

5.2. The Customer may only offset claims that have been legally established or acknowledged by the Seller.

6. Retention of Title

The delivered goods remain the property of the Seller until full payment is received.

7. Warranty for Defects

Warranty rights are governed exclusively by statutory provisions.

8. Liability

8.1. The following liability limitations apply without prejudice to statutory requirements.

8.2. The Seller is fully liable for damages caused intentionally or by gross negligence.

8.3. The Seller is also liable for simple negligence in the event of breach of essential contractual obligations (“cardinal obligations”), i.e., obligations whose fulfilment is necessary to achieve the purpose of the contract or which the Customer regularly relies upon. In this case, liability is limited to foreseeable, typical damage. Otherwise, the Seller is not liable for simple negligence, subject to clause 8.4.

8.4. The above limitations do not apply in cases of injury to life, body, or health, in the event of warranties regarding product characteristics, or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

8.5. Where the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

8.6. Clause 7 remains unaffected.

9. Storage of Contract Text, Contract Language

9.1. Before submitting the order, the Customer may print the contract text using the browser’s print function.

9.2. The Seller stores the contract text digitally for the purpose of fulfilling the contract and retains it for 3 years.

9.3. The contract language is German.

10. Right of Withdrawal

10.1. Consumers have a statutory right of withdrawal in distance-selling transactions. The Seller provides the following information based on the statutory model. A sample withdrawal form is provided in section 10.2. Exceptions are listed in section 10.3.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us:

Buchöd – Parfüm und Duftmanufaktur GbR
Theresa Höß, Sebastian Rost, Bernhard Kram, Marcel Flemming
Marktplatz 16a
93453 Neukirchen beim Heiligen Blut
Email: service@buchoed.de
Tel: +49 9947 9048811

by means of a clear declaration (e.g., a letter sent by post or email). You may use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your notification before the period expires.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the standard delivery offered by us), without undue delay and at the latest within fourteen days from the day we receive your notification. We will use the same payment method you used for the original transaction unless expressly agreed otherwise; under no circumstances will you be charged any fees for the refund.

We may refuse reimbursement until we have received the returned goods or until you have provided proof that you have sent them back, whichever is earlier.

You must return the goods without undue delay and no later than fourteen days from the day on which you notified us of your withdrawal. The deadline is met if you send the goods before the period has expired.

You bear the direct costs of returning the goods.

You must pay for any loss in value of the goods if such loss results from handling that was not necessary to examine the nature, characteristics, and functioning of the goods.

End of Withdrawal Policy

10.2 Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back to us.)

To:
Buchöd – Parfüm und Duftmanufaktur GbR
Theresa Höß, Sebastian Rost, Bernhard Kram, Marcel Flemming
Marktplatz 16a
93453 Neukirchen beim Heiligen Blut
Email: service@buchoed.de
Tel: +49 9947 9048811

I/we () hereby withdraw from the contract concluded by me/us () concerning the purchase of the following goods () / the provision of the following service ():

Ordered on () / received on (): _______________________________________

Name of consumer(s): _________________________________________________

Address of consumer(s): _______________________________________________

Signature of consumer(s) (only if notified on paper):

Date: ___________________________________________________

(*) Delete as applicable.

10.3. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to:

goods that are not pre-manufactured and whose production is based on an individual choice or specification by the consumer or clearly tailored to personal needs;
goods that may spoil quickly or whose expiry date would be exceeded quickly;
sealed goods that are not suitable for return for health or hygiene reasons once unsealed;
goods which, due to their nature, are inseparably mixed with other items after delivery;
sealed audio or video recordings or sealed computer software if the seal was removed after delivery.

11. Information under the Consumer Dispute Resolution Act (VSBG)

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Place of Jurisdiction, Applicable Law

12.1. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory regulations regarding the limitation of choice of law and the applicability of mandatory provisions, particularly of the consumer’s country of residence, remain unaffected.

12.2. The place of jurisdiction and performance is the Seller’s place of business if the Customer is a merchant, a legal entity under public law, or a special fund under public law.