Terms and Conditions

GENERAL TERMS AND CONDITIONS OF PALM WAGNER GMBH

1. General, Customer base

(1) All offers and purchase contracts based on orders from our customers (hereinafter referred to as “customers”) via our online shop www.philjulianparfums.com (hereinafter referred to as the “online shop”) are subject to these General Terms and Conditions.

(2) The product offering in our online shop is aimed equally at consumers and businesses, but only at end users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 of the German Civil Code (BGB)) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, upon conclusion of the contract, is acting in the exercise of their commercial or independent professional activity (Section 14 (1) of the German Civil Code (BGB)).

(3) The customer’s terms and conditions shall not apply, even if we do not specifically object to their validity in individual cases.

2. Conclusion of contract

(1) Our offers in the online shop are non-binding.

(2) By placing an order in the online shop, the customer makes a binding offer to purchase the respective product. We can accept the offer until the end of the fifth business day following the day of the offer.

(3) The offer shall only be deemed accepted by us once we notify the customer of acceptance (by email) or dispatch the goods. The purchase contract with the customer is only concluded upon our acceptance.

(4) Any customer who is a consumer and has his or her place of residence within the European Union is entitled to withdraw from the offer and return the goods in accordance with the special cancellation and return instructions provided to him or her during the order process on our website.

3. Prices and payment

(1) Our prices include statutory sales tax, where applicable. Shipping costs, however, only include those stated in the online shop for the corresponding product. Customs duties and similar charges are the responsibility of the customer.

(2) Unless expressly agreed otherwise, we only deliver against payment in accordance with the payment terms stated in the online shop.

(3) The customer shall not be entitled to any right of set-off or retention unless the counterclaim is undisputed or has been legally established.

4. Deadlines for shipping the goods, sales, partial deliveries

(1) All delivery times specified by us for the shipment of the goods are non-binding.

(2) If the goods cannot be delivered on time through no fault of our own, or despite a timely reorder, we are entitled to withdraw from the purchase contract. We will notify the customer immediately of the unavailability of the goods and, in the event of withdrawal, will promptly refund any payments made to us.

(3) If the customer has purchased several separately usable products in one order, we may also ship them in separate deliveries, whereby we will bear the additional shipping costs incurred. This does not limit the customer's statutory rights regarding timely and proper delivery.

5. Shipping method and duration, insurance and transfer of risk

(1) Unless expressly agreed otherwise, we shall determine the appropriate shipping method and the carrier at our reasonable discretion.

(2) We are only responsible for the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. Any shipping time stated by us (the period between handover by us to the transport company and delivery to the customer) is therefore non-binding.

(3) If the customer is a consumer, the risk of accidental loss, damage, or destruction of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, provided we are only responsible for shipment, the risk shall pass to the customer upon delivery of the goods to the carrier.

6. Retention of title

(1) We reserve title to the goods delivered by us until full payment of the purchase price (including any sales tax and shipping costs) for the goods in question.

(2) The customer is not entitled to dispose of the ownership of the goods delivered by us and still subject to retention of title ("Reserved Goods") without our prior written consent. The customer's right to dispose of the customer's legal position with regard to the Retained Goods (so-called expectant right) remains permissible as long as the third party is informed of our ownership rights.

(3) The customer shall treat the reserved goods with care.

(4) In the event of access by third parties – in particular by bailiffs – to the reserved goods, the customer shall point out our ownership and notify us immediately so that we can enforce our ownership rights.

(5) In the event of default in payment, we shall be entitled to demand the return of the goods subject to retention of title, provided that we have withdrawn from the contract.

7. Customer's rights in the event of defects

(1) If the delivered goods are defective, the customer may initially request that we remedy the defect or deliver defect-free goods. However, if the customer is an entrepreneur, we may choose between remedying the defect or delivering a defect-free item; this choice can only be made by notifying the customer in text form (including by fax or email) within three working days of receipt of the notification of the defect.

(2) If subsequent performance pursuant to paragraph 1 fails or is unreasonable for the customer, or if we refuse subsequent performance, the customer shall be entitled, in accordance with applicable law, to withdraw from the purchase contract, reduce the purchase price, or demand compensation or reimbursement of wasted expenses. However, the special provisions of Section 8 of these General Terms and Conditions shall apply to the customer's claims for damages.

8. Liability

(1) Our liability for delay in delivery is limited to 50% of the respective purchase price, except in cases of intent or gross negligence.

(2) We are not liable (regardless of the legal basis) for damages that are not typically expected during normal use of the goods. The above limitations of liability do not apply in cases of intent or gross negligence.

(3) The limitations of this clause 8 do not apply to our liability for guaranteed characteristics within the meaning of Section 444 of the German Civil Code (BGB), for injury to life, body or health or under the Product Liability Act.

(4) Our articles may only be used for the stated purpose.

9. Data protection

We may only process and store data relating to the respective purchase contracts within the framework of applicable legal regulations. Details can be found in the privacy policy available on our website.

10. Applicable law

Subject to mandatory provisions of private international law, the purchase contract between us and the customer is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. However, if the customer is a consumer and has his or her habitual residence in another country, he or she shall retain the protection provided for by the relevant provisions of the country of residence, from which no deviation may be made by agreement.

11. Other, Place of Jurisdiction

(1) Should any of these provisions be invalid, the validity of the remaining provisions shall remain unaffected. The invalid clause shall be replaced by a legally permissible provision that most closely approximates the economic intent of the invalid clause.

(2) For all disputes arising from the contractual relationship, the place of jurisdiction shall be Heidelberg if the customer is a merchant, a legal entity under public law or a special fund under public law.

12. Alternative dispute resolution

(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