GTC for private customers

General Terms & Conditions

I General Terms & Conditions for Private consumers

1. Application, Contract Language, Saving Contract Text

1.1 These General Terms and Conditions apply to all contracts concluded over our online shop between us, TAOASIS GmbH Natur Duft Manufaktur, Am Duftgarten 1, 32791 Lage, Germany, Register court: Lemgo Local Court, Register number: HRB 1766, Managing directors: Axel Meyer and Govinda Meyer, Tel.: +49 (0) 5232 6904 600, Fax: +49 (0) 5232 6904 601, Email: shop@taoasis.de, VAT ID no.: DE125650114, and you as our customer if you are a consumer. If you place an order as an entrepreneur, our General Terms and Conditions for Entrepreneurs will apply.

1.2 Orders on our online shop may only be placed by consumers who are at least 18 years old.

1.3 The contract language is German.

1.4 We will save the text of the contract. If you created an account, the text of the contract and your past orders may be viewed on your customer account. These GTC may also be found on and downloaded, saved and printed from our website at any time.

2. Contract Conclusion and Input Error Correction

2.1 The presentation of products on our online shop does not represent a legally binding offer, but a request for an order. Products may be added to your virtual shopping cart through the “Add to Cart” function without making an offer for a purchase. Additional products may be added to or removed from your shopping cart by clicking on “Remove” or on the “X” before placing an order. You may also cancel the order process by closing your browser. Only by clicking on “Place Order” will you place a legally binding order for the goods offered on our website.

2.2 A contract will be concluded when we accept your order by sending a confirmation email immediately after we receive your order or provide other confirmation within 5 days.

2.3 If you choose PayPal as your payment method, a contract will be concluded when you confirm your payment instructions to PayPal.

3. Cancellation Rights

If you are a consumer within the meaning of Section 13 of the German Civil Code [Bürgerliches Gesetzbuch (BGB)], i.e., a natural person who enters into a legal transaction for purposes that predominantly are outside of his or her trade, business or profession, you are entitled to cancellation rights about whose conditions, limitation periods, exercise procedure, legal consequences and further details we will inform you separately in our cancellation policy which also includes a cancellation form.

4. Shipping Terms & Conditions and Delivery Periods

4.1 Goods will be shipped via DHL. Deliveries take approx. 1-4 business days. For the exact delivery periods, please see the respective product page.

4.2 We ship to Germany and Austria, excluding islands.

5. Prices and Shipping Costs

Prices on product pages are gross prices that include VAT, but not shipping costs.

5.2 Shipping costs are stated on the product page and will be displayed again on the order page.

6. Payment Methods and Terms & Conditions

We offer the following payment methods: credit card, paydirekt, PayPal, direct debit or on account. If you choose PayPal, you will be transferred to PayPal’s website. If you choose paydirekt, you will be transferred to paydirekt’s website. You may enter your payment details there. Further information will be provided during the order process.

7. Reservation of Title

We will retain title to ordered goods until the purchase price has been fully paid.

8. Warranty

You are entitled to the warranty claims provided by law.

9. Data Protection

9.1 Our orders are processed in collaboration with various service providers who, e.g., process payments or handle logistics. We ensure that our partners comply with all data protection laws.

9.2 Irrespective of the chosen payment method, payments may be processed by a service provider. For private customers, our online shop uses VR pay eCommerce, a service of VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany. VR pay eCommerce enables you to pay for orders via credit card, paydirekt, PayPal or direct debit or on account. Payment data is processed by VR Payment GmbH. Irrespective of the chosen payment method, your payment details will also be processed by your chosen payment service provider. When paying by credit card, necessary data, such as your name, address and purchase details, will be forwarded to your credit card company. When making a payment via PayPal, your personal data will be transmitted to PayPal to complete your order. When making a payment via paydirekt, your necessary data will be transmitted to your bank or savings bank. When making a purchase on account, your necessary data, especially your name, contact details, other identification information, payment information and credit score, will be forwarded to and processed by Klarna.

10. Online Dispute Resolution Platform; Alternative Resolution of Consumer Disputes

10.1 The European Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr/https://ec.europa.eu/consumers/odr/

This platform serves as a place of out-of-court resolution of disputes over online purchase or service contracts to which a consumer is party.

10.2 We are neither willing nor required to participate in such dispute resolution.

11. Choice of Law

The law of the Federal Republic of Germany applies under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer whose habitual residence is another country when concluding a contract with us, the application of the law of this country remains reserved irrespective of the choice of law in Sentence 1.

II General Terms and Conditions of Sale of TAOASIS GmbH Natur Duft Manufaktur for Commercial and Entrepreneurial Business Customers of Our Online Shop

General Provisions, Application

(1) Our General Terms and Conditions for Commercial and Entrepreneurial Business Customers of Our Online Shop (hereinafter “Sales Conditions”) apply to all contracts concluded with commercial or entrepreneurial customers as of 1 July 2018 and whose primary object is the delivery of goods (“goods”).

(2) Our Sales Conditions apply exclusively; sales conditions of the customer that differ from or are contrary to ours will not be accepted, unless we expressly agree to their application in writing. Our Sales Conditions also apply if we unconditionally accept payment from the buyer or unconditionally perform our services in knowledge of the buyer’s differing or contrary sales conditions.

(3) Our Sales Conditions only apply if the buyer is an entrepreneur, legal person under public law or a special fund under public law and especially do not apply if the buyer is a consumer. By placing an order on our online shop for commercial and entrepreneurial customers, the buyer confirms to be an entrepreneur, legal person under public law or a special fund under public law.

(4) Disclaimers of the application of legal provisions are only provided for clarification. Legal provisions apply even without such clarification, unless expressly stated otherwise or excluded in these Sales Conditions.

§ Section 2 Offer, Contract Conclusion, Input Error Correction and Contract Content

(1) The presentation of products on our online shop does not represent a legally binding offer, but a request for an order. Products may be added to your virtual shopping cart through the “Add to Cart” function without making an offer for a purchase. Additional products may be added to or removed from your shopping cart by clicking on “Remove” or on the “X” before placing an order. You may also cancel the order process by closing your browser. Only by clicking on “Place Order” will you place a legally binding order for the goods offered on our website.

(2) A contract will be concluded when we accept your order by sending a confirmation email immediately after we receive your order or provide other confirmation within 5 days. Confirmation will be sent immediately after we receive your order and does not yet represent contract acceptance.

(3) Information about goods offered by us does not represent a quality or durability guarantee. Any guarantee provided when concluding a contract must be expressly confirmed in writing to constitute a “guarantee.”

(4) Except for goods acceptance under Section 433(2) of the German Civil Code [Bürgerliches Gesetzbuch (BGB)], no acceptance of goods is agreed.

(5) By concluding a contract, we will not assume procurement risk within the meaning of Section 276 of the German Civil Code. Furthermore, we provide no guarantees for goods.

(6) Any agreements concluded between us and the buyer during the conclusion and for the performance of the contract are specified in writing in the contract and in these Sales Conditions.

(7) We reserve the property rights and copyrights to any depictions, drawings, calculations and other documents.

Section 3 Delivery, Shipping Costs, Transfer of Risk

(1) Unless other delivery modalities are agreed, deliveries are made in accordance with CPT Incoterms 2010 (place of delivery: Am Duftgarten 1, 32791 Lage, Germany) to the shipping address specified by the buyer as the destination during the order process. Contrary to CPT Incoterms 2010, the buyer must—depending on the order value—bear the shipping costs under Section 3(2) of these Shipping Conditions.

(2) Germany: We will bear the shipping costs of purchases of at least net €50.00. For lower purchases, the buyer must bear shipping costs of gross €7.00. Austria: We will bear the shipping costs of purchase of at least net €80.00. For lower purchases, the buyer must bear shipping costs of gross €10.00.

(3) Risk will be transferred upon delivery.

(4) Agreed delivery periods do not represent fixed transactions.

(5) We may provide partial deliveries and services within agreed delivery periods or until the agreed delivery date insofar as reasonable for the buyer.

(6) If we cannot meet binding delivery periods or dates for reasons for which we are not responsible (unavailability of goods or services), we will inform the buyer of this and the projected new delivery period or date without undue delay. If goods or services are also unavailable within the new delivery period or date for reasons for which we are not responsible, we may fully or partially cancel the contract; any payment made by the buyer will be refunded without undue delay. Unavailability of goods or services within the above meaning especially includes late delivery from our supplier in case of a congruent covering transaction or if neither we nor our supplier are at fault.

§ Section 4 Prices, Payment Conditions and Default

(1) Unless stated otherwise in the order confirmation, our prices are subject to CPT Incoterms 2010, including packaging. Shipping costs are specified in Section 3(2) of these Sales Conditions.

(2) The buyer must pay the full purchase price without deduction plus any shipping costs to our specified account free of charge to us by the date stated in the order confirmation or, if no such date is stated, upon receipt of the invoice. Whether payments are made on time depends on when they are received on our account. Any goods or services owed by us are settled by the purchase price agreed above. VAT is stated separately and must also be paid by the buyer.

(3) Default is governed by legal provisions. When in default, the purchase price will bear interest at the rate specified by law. Further damage claims remain reserved. Against merchants, our claims to default interest are without prejudice to Section 353 of the German Commercial Code [Handelsgesetzbuch (HGB)].

(4) The buyer is only entitled to offsetting rights and rights of retention if the buyer’s counterclaims are legally established, uncontested or acknowledged by us or based on the same contractual relationship.

§Section 5 Defect Claims of the Buyer

(1) In case of material defects or defects of title (incorrect, excess or short deliveries or incorrect installation and/or installation instructions), defect claims of the buyer will be established as required by law, unless specified otherwise below. In all other cases—even if not mentioned again below—, Section 445a of the German Civil Code (recourse of the buyer against us if the buyer must bear expenses of customers for subsequent performance under Section 439(2) and/or (3) of the German Civil Code), Section 445b of the German Civil Code (limitation of recourse claims for consumer goods) and Section 478 of the German Civil Code (recourse of an entrepreneur when purchasing consumer goods) will remain unaffected.

(2) Goods have material defects if, during the transfer of risk, they differ noticeably from the specifications in the order confirmation. If the order confirmation makes no specifications, goods have material defects if they do not have the quality that is common in Germany.

(3) Goods only have defects of title if, during the transfer of risk, they are not free of rights that may be enforced in Germany.

(4) Defect claims of the buyer will only be established if the buyer fulfills the inspection and notification obligations under Section 377 of the German Commercial Code.

(5) The buyer must inspect goods immediately upon their delivery. Any defects must be reported precisely in writing without undue delay, at the latest, within seven (7) calendar days of delivery. Hidden defects must be reported without undue delay upon discovery.

(6) Defects must be reported to us directly and in writing. Reports must be precise enough to enable us to implement remedies and secure recourse claims against our suppliers without further questions to the buyer and must also comply with the law.

(7) If goods are in fact defective as reported in time, we may remedy the defects at our discretion through rectification or by providing defect-free goods.

(8) If goods sold by us are newly-manufactured, we must—without waiving legal or contractual provisions, especially the defense of disproportionate costs under Section 439(4) of the German Civil Code—refund the buyer for the removal of the defective and installation of the rectified or replaced goods if the goods were installed in or attached to another object as intended.

(9) If the buyer incurs damages or wasted expenditure due to defects of goods supplied by us, Section 6 of these Sales Conditions applies.

(10) Conditional on Section 445b of the German Civil Code (limitation of recourse claims for consumer goods) and Section 478 of the German Civil Code (recourse of an entrepreneur when purchasing consumer goods) and any customary use of supplied goods for construction and causing construction defects, any claims of the buyer to new defect-free replacement goods will expire one (1) year after the commencement of the statute of limitations under Section 438(2) of the German Civil Code. Further claims based on fraudulent, intentional or grossly negligent breaches of contract or on injuries to life, limb or health remain reserved. Replacement or rectification will not restart the limitation period.

§ Section 6 Liability for Damages and Expenses

(1) In addition to the above Section 5 of these Sales Conditions, our liability for damages and expenses is based on the following provisions. In all cases—even if not mentioned separately hereafter—, Section 445a of the German Civil Code (recourse of the buyer against us if the buyer must bear expenses of customers for subsequent performance under Section 439(2) and/or (3) of the German Civil Code), Section 478 of the German Civil Code (recourse of an entrepreneur when purchasing consumer goods) and our obligation to bear the costs necessary for subsequent performance under Section 439(2) and/or (3) of the German Civil Code will remain unaffected if goods sold by us are newly-manufactured.

(2) Irrespective of the legal grounds, we are only liable for damages or wasted expenditure of the buyer if caused by a breach of duty a) on whose fulfillment proper contract performance depends and on compliance with which the buyer may rely (essential contractual obligation or through b) gross negligence or intent.

(3) If we are liable under Section 6(2)(a) of these Sales Conditions for a violation of an essential contractual obligation, our liability for compensation will be limited to damages that are typical for and foreseeable when concluding the contract.

(4) The liability limitations in Section 6(2) – (3) of these Sales Conditions do not apply to liability (a) under the German Product Liability Act [Produkthaftungsgesetz (ProdHaftG)], (b) based on a guarantee of the quality of goods, (c) for fraudulently concealing a defect, (d) for damages caused by injuries to life, limb or health or (e) for damages caused by grossly negligent or intentional breaches of duty.

(5) Conditional on Section 445a of the German Civil Code (recourse of the buyer against us if the buyer must bear expenses of customers for subsequent performance under Section 439(2) and/or (3) of the German Civil Code), Section 445b of the German Civil Code (limitation of recourse claims for consumer goods) and Section 478 of the German Civil Code (recourse of an entrepreneur when purchasing consumer goods) and conditional on the expenses we must bear under Section 439(2) and/or (3) of the German Civil Code for newly-manufactured goods sold by us, the above provisions also apply to claims of the buyer to reimbursement for wasted expenditure.

§ Section 7 Retention of Title

(1) Until all of our current and future claims under the contract (collateralized claims) have been fully paid, we will retain title to the sold goods. Unless the buyer provided advance payment, we will also retain title to the sold goods for all current and future claims (collateralized claims) under the current business relationship.

(2) Until they have been fully paid, goods subject to retention of title may not be pledged or resold to or used as collateral for third parties. The buyer must notify us in writing without undue delay about requests for insolvency proceedings or third-party access to goods to which we retain title.

(3) In case of a breach of contract by the buyer, especially by not paying the due purchase price, we may, as permitted by the law, cancel the contract and have the goods to which we retain title returned.

(4) If goods to which we retain title are processed by the buyer through the ordinary course of business, our retention of title will extend to the full value of the goods produced by processing, mixing or combining our goods and we will be considered the manufacturer. If third parties retain property rights to goods produced by processing, mixing or combining our goods, we will acquire co-ownership at the ratio of the invoice values of the processed, mixed or combined goods. Apart from that, the same applies to the produced goods as to the supplied goods to which we retain title.

(5) If the value that can be obtained from the collateral exceeds the value of our claims by more than 10%, we may choose which excess collateral to release if requested by the buyer.

§ Section 8 Software

(1) If part of the offer, the buyer will be granted a non-exclusive right to use supplied software and its documentation. Software is provided for use of the respective goods. Use of this software on more than one system is prohibited.

(2) The buyer may only reproduce, edit, translate or convert the object code to the source code of this software to the extent permitted by law (Section 69a et seq. of the German Act on Copyright and Related Rights [Urheberrechtsgesetz (UrhG)]). The buyer may not remove or modify any of the manufacturer’s specifications, especially copyright notices, without our prior express permission.

(3) Any other rights to the software and its documentation, including copies thereof, will remain with us or the software producer. Sublicensing is not permitted

§ Section 9 Place of Performance, Choice of Law and Place of Jurisdiction

(1) The place of delivery is specified in Section 3(1) of these Sales Conditions. The place of payment and performance for any other obligations under the contract with the buyer is Am Duftgarten 1, 32791 Lage, Germany. This also applies if goods must be returned. However, we reserve the right to subsequent performance at the location of the goods.

(2) These Sales Conditions and the contractual relationship between us and the buyer are governed by the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(3) If the buyer is a merchant within the meaning of the German Commercial Code, a legal person under public law or a special fund under public law—and based in the Federal Republic of Germany—, the exclusive place of jurisdiction for any disputes under the contract is our registered office in 32791 Lage, Germany. However, we may also sue at the place of jurisdiction of the buyer. This is without prejudice to legal provisions on exclusive competence.

(4) If the buyer is based outside of the Federal Republic of Germany, the exclusive place of jurisdiction for any disputes under the contract is our registered office in 32791 Lage, Germany. However, in this case, we may also sue the buyer at the courts of the buyer’s registered office. This is without prejudice to overriding legal provisions on exclusive competence.

§ Section 10 Other Provisions

(1) Should provisions of these Sales Conditions be or become fully or partially ineffective, the remaining provisions will remain effective.

(2) Satisfaction of the written form requirement requires neither a manual nor an electronic signature. Messages sent via fax or email suffice. This is without prejudice to written form requirements of EU regulations (e.g., Article 25(2) of Regulation (EU) 1215/2012).

(3) We will save the text of the contract. If you created an account, the text of the contract, these Sales Conditions and your past orders may be viewed on your customer account.

(4) The contract language is German.

(5) Section 312i(1)(2) of the German Civil Code (communication obligations under Section 246c of the Introductory Act to the Civil Code [Einführungsgesetz zum Bürgerlichen Gesetzbuche (EGBGB)]) does not apply.

Valid: July 2021