General Terms and Conditions with Customer Information

Table of contents

1. scope
2. conclusion of the contract
3. right of withdrawal
4. Prices and payment terms
5. delivery and shipping conditions
6. retention of title
7. liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to specific customer specifications
10. redemption of promotional vouchers
11. redemption of gift vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Nida Polat, trading under "Nida Polat" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented in the Seller's online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop 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 using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing 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.

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, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the 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 on the expiry 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 is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com /de /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, available at https://www.paypal.com /de /webapps /mpp /ua /privacywax-full If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 If you select the payment method "Amazon Payments", payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de /help /201751590 If the customer selects "Amazon Payments" as the payment method during the online ordering process, he or she also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this.

2.7 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.8 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal & return

3.1 No right of withdrawal for individually filled fragrance samples
According to Section 312g Paragraph 2 No. 3 of the German Civil Code (BGB), there is no right of withdrawal for individually filled fragrance samples, as these are compiled according to customer specifications and cannot be reused for hygienic reasons.

3.2 Damaged goods & replacement delivery - If a shipment is marked as "delivered" by the transport service provider, but the customer states that they have not received the goods, it is the customer's responsibility to clarify this with the transport service provider. The seller accepts no liability for shipments subsequently reported as "lost" or "stolen". The seller reserves the right to submit an investigation to the transport service provider.

3.3 No exchange or return after opening the goods
Even if a fragrance sample is subjectively perceived differently than expected , this is not a reason for return, as fragrances can develop differently depending on the skin type.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money 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) will be communicated to the customer in the seller’s online shop.

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

4.5 If a payment method offered via the “PayPal” payment service is selected, payment is processed via PayPal, although PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by instalments), he assigns his payment claim 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 customer data transmitted. The seller reserves the right to refuse the customer the selected payment method if the test result is negative. 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, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. B. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.

4.6 If the payment method "SOFORT" is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" on the Internet at https://www.klarna.com /sofort / retrieve.

4.7 If you select a payment method offered via the "Shopify Payments" payment service, 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"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com /legal /terms-payments-de available.

4.8 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via 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.

5) Delivery, Shipping & Transfer of Risk

5.1 Special shipping for perfume products
Shipping is carried out via specialized dangerous goods transporters, as perfume can be classified as dangerous goods.

5.2 Shipping costs & customs fees
If the customer orders outside the EU, additional customs fees or taxes may apply, which must be borne by the customer.

5.3 Liability for transport damage
The seller is not liable for delays or damages caused by the transport service provider.

6) Retention of title

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

7) Liability for defects (warranty)

7.1 Hand filling & natural fragrance variations
Since all fragrance samples are filled manually, slight differences in the filling quantity or scent perception may occur. These do not constitute a defect.

7.2 No exchange or return
Exchanges are not possible unless there are proven material or manufacturing defects.

8) Disclaimer & Customer Responsibility

8.1 Allergic reactions & ingredients
The seller assumes no liability for allergic reactions or intolerances to fragrances. Customers must inform themselves about the ingredients before using the fragrance samples.

8.2 Fragrance changes due to storage
Perfume can change due to temperature, light or contact with air. The seller is not liable for any changes in the scent.

8.3 Not a medical or cosmetic product
The perfume samples offered are not medical or therapeutic products.

8.4 The seller is not liable for any damage or consequential damage caused by improper use, storage or improper application of the perfume samples. The fragrance samples are intended for personal use only.

9) Special Conditions for Perfume Bottling & Brand Protection

9.1 Not an official branded product
The fragrance samples we offer are hand-filled from purchased bottles of high-quality perfumes. They are not official samples or original products of the respective brands.

9.2 No connection to perfume manufacturers
We have no connection with the manufacturers of the fragrances mentioned and are not an authorized dealer, licensee or official distributor.

9.3 Own packaging & neutral bottles

• All bottlings are made in neutral bottles and are clearly different from the original packaging.
• We do not use official branded bottles or packaging.

9.4 Image rights & trademark identification

• All images shown on this website are our own representations of the fragrance samples offered or symbolic images for illustrative purposes .
• All images shown on this website are for customer guidance only to facilitate identification of the fragrance on offer.
• If images of original bottles are used, this is done solely to illustrate the fragrance and not to deceive as to the origin of the product .
• There is no connection with the perfume manufacturers and we are not an authorized distributor or licensee.
• It is expressly pointed out that the images shown do not mean that they are original bottles or official products of the brands.
  

9.5 Brand naming for customer orientation

• All brand names mentioned belong to their respective owners and are used solely to identify the fragrance.
• The use of these names is solely for clarification for the consumer and does not constitute any connection between the seller and the rights holders.
• Our products are NOT a replacement for the original products of the brands, but an independent bottling.
  

9.6 Legal Notice
If owners of a trademark believe that their rights have been infringed, please contact us in advance by email in order to find an out-of-court solution.
We endeavour to clarify any misunderstandings quickly. We are always ready to support trademark owners and to adapt content immediately in the event of a justified complaint.

9.7 Complaints & Customer Service

• Returns are excluded as these are individually filled goods (§ 312g para. 2 no. 3 BGB).
• If a product arrives damaged, please contact us immediately within 48 hours of receipt.
• Damage caused during transport must be documented with photos and sent to the seller.
• A replacement delivery or credit note will only be issued if clear damage can be proven.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

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

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

10.4 Only one promotional voucher can be redeemed per order.

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

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

10.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

10.8 The 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 his statutory right of withdrawal.

10.9 The promotional voucher is only intended for use by the person named on it. Transferring the promotional voucher to third parties is not permitted. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

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

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

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

11.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.

11.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.

12) Applicable law

12.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

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

13) Alternative dispute resolution

13.1 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 sales or service contracts involving a consumer.

13.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.