General Terms and Conditions

and

Cancellation policy (point 9.)

from

EssenzDuft online store

 

  1. The saleswoman
    • These General Terms and Conditions ("GTC") are the GTC of the EssenzDuft online store at essenzduft.at ("online store"), whose owner is Egnaro GmbH. Egnaro GmbH therefore acts as the contractual partner ("Seller").
    • The seller is an independent, official sales partner of CHOGAN. It is expressly stated that the seller operates an independent company. CHOGAN is therefore not a contractual partner of the customer.

 

  1. Scope of application
    • The GTC are an integral part of all contracts for the delivery of goods that natural or legal persons ("customers" or the "customer") conclude with the seller via the online store.
    • The GTC apply regardless of whether the customer is a consumer or an entrepreneur. An entrepreneur is any person for whom this contract is part of the operation of their business; a consumer is any person for whom this does not apply.
    • Should the customer also use general terms and conditions, these shall not become part of the contract unless the seller expressly agrees to this in writing.

 

  1. Online store, product descriptions
    • The online store contains various goods, including their product descriptions and prices. Unless otherwise stated, the prices quoted are total prices that also include statutory VAT. Any delivery and shipping costs are indicated separately.
    • These product descriptions serve only as non-binding information for potential customers. This does not constitute a binding offer on the part of the seller.
    • The goods offered by the seller are original products from the manufacturer stated in the product title, namely CHOGAN, which have unique characteristics. Although there may be similarities to the products of other brands, the products offered by the seller are nevertheless unique in their composition and effect.

 

  1. User account, e-mail address provided by the customer
    • The seller also provides customers with the option of setting up their own password-protected user accounts on the online store website. However, this is a service that can be revoked unilaterally by the seller at any time and to which there is no entitlement. In particular, the data stored there can be deleted by the seller at any time.
    • Correspondence, the conclusion of the contract and other contacts are generally made by email and using automated processes integrated into the online store. The customer must ensure that the email address provided by him is correct and that the emails sent to it by the seller can be received. The customer is also obliged to regularly check the junk or spam folder.

 

  1. Order process, obligation of the customer to check
    • An order form is integrated into the online store, which the customer can use to submit a purchase offer for one or more goods. The customer selects goods, places them in the digital shopping cart and continues through the ordering process.
    • Before the customer submits the offer, the customer has the opportunity to check again that all the information and other contractual conditions provided by him, in particular the goods to be purchased, their price and the delivery costs, are correct. The customer is also obliged to do so.
    • After checking the content of the contract, the customer confirms this by clicking a button which completes the order process. By doing so, the customer submits a legally binding contract offer to the seller. By submitting this offer, the buyer is then bound for 96 hours.

 

  1. Conclusion of the contract and cancellation option
    • As a rule, offers are processed by the seller within 48 hours. The seller is free to accept or reject the customer's offer.
    • Cancellations cannot be guaranteed as we (essenzduft.de) and the producer (CHOGAN Group) work with an automated logistics system. Once your package has been processed, it cannot be canceled.
    • Acceptance of the customer's offer by the seller is effected by the seller's declaration (by email, letter or fax), by delivery of the ordered goods or by requesting payment from the customer. The contract shall then be deemed concluded upon delivery of the order confirmation, goods or request for payment to the customer.

 

  1. Payment and any other costs for Lei contracts outside the EU
    • The full purchase price including delivery costs is due immediately after conclusion of the contract and must be paid by the customer. The order will not be processed by the seller before payment has been made.
    • To pay the purchase price including delivery costs, the seller offers the customer the choice of payment via "PayPal", "Stripe" (for "credit card", "SOFORT", "Giropay" or "EPS") or by "bank transfer, prepayment". The customer selects their preferred payment method and then includes this in the offer.
    • When selecting a payment method offered by "PayPal", the customer uses the services of the payment service provider PayPal (Europe) S.à.r.l. et Cie S.C.A. This is a company independent of the seller, which is why the contractual relationship between PayPal and the customer is also independent of the contract between the seller and the customer. It is only pointed out here for information purposes that PayPal's terms of use differ depending on whether the customer has a PayPal account (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) or does not have a PayPal account(https://www.paypal.com/de/webapps/mpp/ua/privacywax-full).
    • When selecting a payment method offered by "Stripe" (for "credit card", "SOFORT", "Giropay" or "EPS"), the payment is processed via the payment service provider Stripe, Stripe Payments Europe, Limited and Stripe Technology Europe, Limited. For information purposes only, please note that their legal information can be found here(https://stripe.com/at/legal/ssa#services-terms).
    • If payment via "bank transfer, advance payment" is selected, the customer is obliged to transfer the full purchase price including delivery costs to the seller immediately after conclusion of the contract. The seller is only obliged to process the order once the full amount has been received.
    • In the case of contracts relating to countries outside the European Union (e.g. delivery to or transfers from there), additional costs may be incurred in individual cases. In particular, these may be additional costs for payment transactions (transfer charges, exchange fees, etc.) or costs for importing goods (customs duties, other charges, etc.). These costs shall be borne by the customer.

 

  1. Delivery and shipping conditions, associated obligations of the customer
    • Once the contract has been concluded and the purchase price and delivery costs have been paid in full, the seller will arrange for the goods to be dispatched within three working days. The shipment is made directly from Italy and can take up to ten working days from the date of arrangement.
    • The goods shall be delivered within the delivery area specified by the seller to the delivery address specified by the customer. The customer is liable for ensuring that the delivery address specified by him during the ordering process is correct and that the delivery can be made to this address. All disadvantages and costs incurred due to incomplete or incorrect delivery addresses provided by the customer shall be borne by the customer.
    • If the customer cannot be found at the delivery address, they must arrange to collect the goods themselves. If the customer fails to do so within 10 days, the parcel will be returned to the seller by the carrier. This will incur additional costs, which the seller will charge to the customer at a reasonable rate. Payment of these costs by the customer is due immediately after invoicing. The same applies if the delivery fails for other reasons for which the customer is responsible and the seller incurs additional costs as a result.
    • If the customer is an entrepreneur, the risk of accidental destruction, loss or damage to the goods shall pass to him as soon as the goods have been handed over by the seller to the carrier, forwarding agent, freight forwarder or other person designated to carry out the shipment. The transfer of ownership shall also take place at this time.
    • If the customer is a consumer, the risk of accidental destruction, loss or damage to the goods shall generally only pass to him as soon as the goods have been delivered to him or to a third party designated by him who is not the carrier. As an exception to the rule set out in the previous sentence, the risk of accidental destruction, loss or damage to the goods shall pass to the consumer as soon as the goods are handed over by the seller to the carrier, forwarding agent, freight forwarder or other person designated to carry out the shipment, if the consumer has concluded the contract of carriage himself without making use of a choice proposed by the seller.

 

  1. Consumer right of withdrawal, instructions and sample form
    • The provisions of this point only apply to customers who are consumers. Customers who are entrepreneurs are not entitled to a right of withdrawal under any circumstances.
    • Customers who are consumers can cancel contracts that they have concluded in the online store within 14 days without giving reasons. This period runs from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
    • This right of withdrawal does not apply to goods that are delivered sealed (e.g. packed in cellophane) and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
    • To exercise the right to cancel, you must inform us (EssenzDuft Onlineshop, Inhaberin Egnaro GmbH; Address: Mariahilferstrasse 147/3/HOF, 1150 Vienna, Email: info@essenzduft.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You can use the model withdrawal form at the end of these GTC, but this is not mandatory.
    • To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
    • Consequences of withdrawal: If the customer withdraws from the contract, the seller shall reimburse the customer for all payments received from him, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by the seller), immediately and at the latest within 14 days from the day on which the seller receives notification of the withdrawal from the contract. For this repayment, the seller shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case shall the customer be charged any fees for this repayment.
    • The vendor may refuse to make a refund until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
    • After a revocation, the customer must return or hand over the goods to the seller immediately and in any case within fourteen days at the latest from the day on which he informed the seller of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods.
    • If the right of withdrawal has been exercised, the customer shall be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
    • If goods are returned for which there is no right of withdrawal, the contract shall remain in force and the customer shall bear all costs of returning the goods. Alternatively, the seller is entitled to accept the return (by email, fax or letter) and to charge the customer for all costs exceeding the purchase price of the goods, in particular the delivery costs.

 

  1. Warranty, complaints about damage and defects, exclusion of liability towards entrepreneurs
    • If the customer claims that goods are defective or faulty, the seller may demand evidence of this, in particular in the form of photographs. If such evidence is not provided, it shall be assumed that the goods were not defective or faulty, which is why the customer cannot derive any claims from this.
    • If the customer is an entrepreneur, the following shall apply: The customer must inspect the goods immediately upon receipt, at the latest within three days. All defects or damage that are not reported to the seller within this period of three days can no longer be claimed. If the goods are defective or damaged, the seller is free to choose whether to repair or replace the goods, or to reduce the price or cancel the contract. The warranty period shall be reduced to one year. The seller is not liable for damage caused by slight negligence, with the exception of personal injury.
    • If the customer is a consumer, the statutory provisions on warranty and complaints about damage and defects shall apply.

 

  1. Applicable law
    • The law of the Republic of Austria shall apply to all legal relationships between the seller and the customer, in particular claims arising from or in connection with this contract. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
    • If the customer is a consumer and does not have his habitual residence in Austria anyway, the mandatory provisions for the protection of consumers of the country in which the consumer has his habitual residence shall apply despite the choice of law in the previous point.

 

  1. Place of jurisdiction for entrepreneurs
    • If the customer is an entrepreneur, all disputes arising from or in connection with this contract shall be subject to the exclusive jurisdiction of the courts with subject-matter jurisdiction for the 1st district of Vienna.
    • With regard to customers who are entrepreneurs, however, the seller remains entitled to assert its claims before the courts at the customer's place of business despite the exclusive agreement on jurisdiction in the previous point.

 

  1. Alternative dispute resolution for consumers
    • The 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 in which a consumer is involved.
    • The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

 

Sample withdrawal form

from

EssenzDuft online store

 

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

 

To EssenzDuft Onlineshop, owneri EgnaroGmbH; address: Mariahilferstrasse 147/3/HOF, 1150 Vienna; Email: info@essenzduft.at:

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

 

Ordered on (*)/received on (*)

 

Name of the consumer(s)

 

Address of the consumer(s)

 

Signature of the consumer(s) (only for notification on paper)

 

Date

 

(*) Delete as appropriate.