GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to specific customer specifications
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law
12. Jurisdiction
13. Alternative dispute resolution
14. Mobile Terms of Use
    

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "Terms & Conditions") of the company Birkholz International GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These Terms & Conditionsapply accordingly to contracts for the delivery of Gift Cards n, unless otherwise agreed.

1.3 These Terms & Conditions shall apply accordingly to contracts for the supply of tickets, unless expressly stipulated otherwise. These Terms & Conditions only regulate the sale of tickets for certain events specified in more detail in the seller's item description and not the performance of these events. Only the statutory provisions in the relationship between the participant and the organizer and any deviating conditions of the organizer shall apply to the implementation of the events. If the seller is not also the organizer, it shall not be liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.4 A consumer within the meaning of this Terms & Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.5 An entrepreneur within the meaning of this Terms & Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.6 The subject matter of the contract may - depending on the content description of the seller - be both the one-off provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.

2) Vertragsschluss

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by email or using the onlineContact Usform.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, einsehbar unter https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that concludes the order process.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.

2.7 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2.9 Order processing and Contact Usacceptance generally take place by email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Widerrufsrecht

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Return Policy of the seller.

3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

3.4 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services. Accordingly, a right of withdrawal is also excluded for contracts relating to the sale of tickets for scheduled leisure events.

3.5 A statutory right of withdrawal exists exclusively in relation to the entire contract. It is not possible to exercise the statutory consumer right of withdrawal only with regard to individual components of a discount campaign, a bundle or a box.
In the event of withdrawal, all components of the delivery must be returned in full.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (z.B. transfer fees, exchange rate fees) or import duties or taxes (z.B. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) shall be communicated to the Customer in the Seller's online store.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or payment by installments), it shall assign its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and shipments or credit notes, even in the event of assignment of claims.

4.6If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. The customer can obtain further information on the "SOFORT" payment method on the Internet at https://www.klarna.com/

4.7If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments Payment Options are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-en

4.8If you select the direct debit payment method via Stripe, the payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe collects the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification on behalf of the seller has expired. Pre-notification is any notification (z.B . Invoice, policy, contract) to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.

4.9If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag ), to which the provider assigns its payment claim. Secupay AG shall collect the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the customer's order has been placed in the online store. The provider shall remain responsible for general customer inquiriesz.Bregarding returns, complaints, revocation declarations and deliveries or credit notes even if the payment method credit card payment via secupay AG is selected.

4.10If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

4.11If a payment method offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here:

www.birkholz-perfume-manufacture.com/zahlarten

5) Delivery and shipping conditions

5.1If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of the effective exercise of the right of withdrawal by the customer, the provision made in the Return Policy of the seller shall apply to the return costs.

5.3If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only be transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

5.5If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.6 Gift Cards are provided to the customer as follows:

• by download
• by e-mail
• postalisch

5.7Tickets are provided to the customer as follows:

• by download
• by e-mail
• postalisch

6) Eigentumsvorbehalt

If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects is one year from delivery of the goods;
• the rights and claims for defects are excluded for used goods;
• the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2The above limitations of liability and shortening of the limitation period shall not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for a possibly. existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4If the customer acts as a merchanti.S.d . § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to certain specifications of the customer

8.1If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed, in particular copyrights, trademark rights and personal rights.

8.2The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

8.3The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

9) Redemption of promotional vouchers

9.1 Gift Cards , which are issued free of charge by the seller as part of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the seller's online store and only during the specified period.

9.2Promotional vouchers can only be redeemed by consumers.

9.3Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.4Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.5Only one promotional voucher can be redeemed per order.

9.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7If the value of the promotional voucher is not sufficient to cover the order, one of the other Payment Options offered by the seller can be selected to settle the difference.

9.8The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.10The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

10) Redemption of gift vouchers

10.1 Gift Cards , which can be purchased via the seller's online store (hereinafter "gift vouchers"), can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

10.2Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

10.3Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4Only one gift voucher can be redeemed per order.

10.5Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6If the value of the gift voucher is not sufficient to cover the order, one of the other Payment Options offered by the seller can be selected to pay the difference.

10.7The balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.8The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

11) Applicable law

11.1The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

11.2Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

12) Gerichtsstand

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

13) Alternative dispute resolution

13.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14) Mobile Terms of Use

The Birkholz International GmbH mobile messaging service (the "Service") is operated by Birkholz International GmbH ("Birkholz International GmbH", "we", or "us"). By using the Service, you agree to be bound by these Terms and Conditions ("Mobile Terms"). We may change or discontinue the Service or any of its features without notice. To the extent permitted by applicable law, we may also change these Mobile Terms at any time, and your continued use of the Service after the effective date of any such change will constitute your acceptance of such changes.

By agreeing to Birkholz International GmbH's text messaging service, you agree to receive recurring text messages from and on behalf of Birkholz International GmbH via your cell phone provider to the cell phone number you provide, even if your cell phone number is on a state or federal "Do Not Call" list. Text messages may be sent via an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, special offers and other marketing offers (e.g. shopping cart reminders).

You understand that you are not required to enroll in this program in order to make purchases and that your consent is not a condition of making a purchase from Birkholz International GmbH. Your participation in this program is completely voluntary.

We do not charge for the service, but you are responsible for all costs and fees associated with text messaging charged by your wireless carrier. The frequency of messages varies. Message and data charges may apply. Check your cell phone plan and contact your cell phone provider for details. You are solely responsible for all charges associated with text messaging, including charges from your mobile service provider.

You can unsubscribe from the service at any time. Send an SMS with the keyword STOP to Birkholz PM or click on the unsubscribe link (if available) in each SMS to unsubscribe from the service. You will receive a one-time confirmation SMS to unsubscribe. No further messages will be sent to your mobile device unless you have requested this. If you have subscribed to other Birkholz International GmbH mobile messaging programs and wish to cancel them, you must unsubscribe separately from these programs by following the instructions in the respective mobile terms and conditions, unless otherwise required by applicable law.

If you need support or assistance, please text HELP Birkholz PM or emailsupport@birkholz-perfumes.com.
We may change the short codes or phone numbers we use to operate the Service at any time and will notify you of these changes. You acknowledge that messages, including STOP or HELP requests, that you send to a speed dial number or phone number that we have changed may not be received, and we are not responsible for fulfilling any requests in such messages.

Mobile carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid cell phone number. If you obtain a new cell phone number, you must sign up for the Program using your new number.

To the extent permitted by applicable law, you agree that we are not liable for any failed, delayed or misdirected delivery of information sent through the Service, for any errors in such information and/or for any actions you take or fail to take in reliance on the information or the Service.

We respect your right to privacy. To learn how we collect and use your personal information, please read ourPrivacy Policy notices.