General terms and conditions of trade (GTCT)

Preamble

Nebelduft is an Internet shop for commercial purposes only. It is hosted under www.nebelduft.de. On this website, the customer can acquire a variety of products and services ranging from spiritual counseling to aromatherapy, magic and hoodoo supplies and minerals.

 

 §1 Instructions about the refund under the distance selling act (Fernabsatzgesetz)

 
The customer can revoke the statements of reasons within the time of one month in text form (e.g. letter, telefax, email) or - if the thing has been left to him before the deadline - by returning the thing to the seller Nebelduft, too. The grace period for revocation begins earliest upon receipt of the goods and this notification by the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before I have met my information duties and other duties as defined by Civil Code (Article 246 §2 in conjunction with §1 clause 1 and 2 EGBGB as well as our duties according to §312g sec 1 clause 1 BGB in conjunction with Article 246 §3 EGBGB. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.

 

Before the return of goods I would ask the customer to contact me in advance per email to guarantee a fast and smooth run.

 

The return should be sent to this address:

Nebelduft
Melanie Braun
Ottweiler Weg 14

89077 Ulm

Tel.: +49-731-96919066
E-Mail: Anfrage@nebelduft.de

 

 

Goods return implications

Should a return come into effect, the received performances have to be back-granted on both sides and if necessary the drawn benefits from utilisation. The customer must pay no value, if the deterioration of the goods is exclusively due to their examination as it would have been approximately possible in the store.



 Custom made products i.e. products which are exclusively made for the customer ( in my case all handmade products with the Nebelduft seal, incense mixtures, hoodoo products, salt crystals, mojo bags,...) or items that are made on the customers demand, offers and seasonal articles, as well as goods that cannot be send back because their state for a return is not suitable, or items which are perishable or their expiry date has expired, as well as all consultation fee are herewith expressly excluded from the goods return implications.

Items suitable for reshipment by parcel are to be returned at my risk, if the cancellation is justified and in due time and shipping of the goods do not exceed 40 Euro. If the customer ordered a product which has a price higher than 40 Euro and has not rendered the trade-off or the contractual agreed partial payment at the time of the countermand then he has to pay the regular return expenses. Goods not suitable for dispatch will be collected at his place.

In all other cases return delivery is free of charge for you.

The invoice amount will be wired to your account.

 

 

§2 Prices

The list prices are valid at the time of ordering as shown on the Internet sites.
All prices are including 19% or 7% VAT, without costs of packaging and dispatch.

 §3 Reservation of title

Goods remain the property of Melanie Braun, Nebelduft, until full payment has been made.

 §4 Conclude agreement


The offers on the website are not binding. In case of non-availability, Melanie Braun, Nebelduft is not obligated to do the performance. A contract agreement, it means a contractual obligation about the individual service comes into force only if Melanie Braun, Nebelduft has confirmed the order of the customer in text form.

I declare to provide a supply of goods of equivalent quality and price if the ordered product is not available and the customer has given his approval with this procedure in the order form. In this case if the customer gives a non-approval I do not assume any obligation to send him any goods and therefore I am disengaged from the contract. I will immediately reimburse any fees payed in advance or other forms of compensation achieved by the customer.

The customer shall agree to provide truthful and accurate information. If any of the information provided changes, especially the name, the physical address, the telephone number, the bank account, the customer is obligated to  inform Melanie Braun, Nebelduft immediatly.

Payment is due within 7 days after receipt of the order confirmation (see contract agreement).

In plain words it means that: on the 7th day after the contract agreement, the payment must have already been credited to my account. On delivery of the goods, the original invoice - marked with the word paid - will be enclosed with the order. A virtual invoice will be available within the customer account. To have access to it, the customer can log into his account, on www.nebelduft.de, using his email address and password.

If payment has not been credited to my account within the due time of 7 working days (beginning with the contract agreement) ,then I will send the customer a reminder adding an additional payment time of 5 working days. If still after that no payment is credited to my account, the order will be cancelled and the goods will be made available for other customers.

 

§5 Realisation of the contract

Treatment of orders

Delivery

As far as the ordered products are available (I do not liable for shipping problems), I deliver them within 1 to 5 working days after payment entrance. If the customer had chose cash payment, the ordered product will directly be handed out to the customer.

if not expressly something else was agreed, specifications about the delivery deadline are non-binding.

With the entrance of the order the product is booked for the customer.

Payment target is 7 working days after entrance of the purchase or (= contract conclusion). This means: The payment must be already credited on my account, on the 7th day after contract conclusion. The "paid" marked original invoice is added to the order, by delivery of the product. An electronic version of the invoice is available within the respective client account. To access this, the customer can announce himself under www.Nebelduft.de with his email address and his password.

If the payment is not credited by 7 working days on my account (from contract conclusion), within the called target aim, the customer receives another payment reminder mail with a new payment target of other 5 working days. If the payment is not credited 5 days after receiving the payment reminder mail then the order will be cancelled and the product will be released for other customers.

 

 

Shipping costs

The following dispatch fee incurred for national delivery per order:

The shipping rate for non-insured shipping, as DHL parcel and a total weight of maximum 2 Kg, is 4,90 € including the packing material of 0,80 €. The shipping rate for insured shipping with DHL (Deutsche Post) is 6,90 € and with a total weight of maximum 10 Kg, including the packing material of 1,00 €. Goods weighing more than 10 Kg to a maximum of 20 Kg, the shipping rate increases to 10,90 €, including the packing material of 1,00 €. The shipping rate with DHL (Deutsche Post) for the ordering, only of perfume samples, is 2,50 € including 0,30 € for the packing material.

With an order value of 36,78 € the shipping within Germany is free of shipping costs, as well as
if the order is payed by cash upon pickup.

The shipping rate for goods which are sent abroad is charged upon the height of the resulting expenses. I ask the customer to request the shipping costs from abroad separately by contacting me and for our customers coming from Austria or Belgium resp. Zone 1 to look under the "Terms of delivery".


 Booking order value

There is no minimum order value.

Blocking of the customer account

I reserve the right to refuse any further order from customers who showed an untrustworthy behaviour, according to their previous history order. These customers are those who refused to pay in time or showed insolvency, who made a fake order or showed an offensive behaviour towards me.

In these cases the customer will be informed per email about the blocking of his customer account. If the customer wishes to have his customer account deleted with all his saved personal data, it will immediately come into effect as long as  no fiscal, legal, trade law and contract agreement terms speak against it. In this case, the customer account remains blocked instead of being deleted until a deletion is legally possible.

§6 Service

For any questions the customer may have related to the goods offered on www.nebelduft.de, I offer an e-mail contact form. All questions are answered per e-mail that same day.

 

§7 Terms of payment

I accept the following methods of payment: prepayment and cash on collection.

Upon receipt of the order, the goods get reserved for the customer.

Payment is due within 7 days after receipt of the order confirmation (see contract agreement).

In plain words it means that: on the 7th day after the contract agreement, the payment must have already been credited to my account. On delivery of the goods, the original invoice - marked with the word paid - will be enclosed with the order. A virtual invoice will be available within the customer account. To have access to it, the customer can log into his account, on www.nebelduft.de, using his email address and password.

If payment has not been credited to my account within the due time of 7 working days (beginning with the contract agreement) ,then I will send the customer a reminder adding an additional payment time of 5 working days. If still after that no payment is credited to my account, the order will be cancelled and the goods will be made available for other customers.

 

§8 Warranty and liability

The dispatch risk is always on the side of the commercial supplier, even if the customer chose the DHL parcel non- insured shipping. In case it happens that the dispatched goods - after I confirmed the shipping per email -  have not arrived within a time period of two weeks, I request the customer to get immediately in touch with me. I will instantly clarify the situation with the delivery company and initiate a delivery tracking. If the parcel has been lost at the post office resp. Hermes Delivery

then of course I will fully refund the purchase price the customer paid. This is also valid for goods that have been damaged.

Obvious defects due to damages in transit should be asserted immediately within a period of 7 days after their discovery. If the buyer has received a damaged insured parcel from the parcel post company, then the buyer shall insist to document these damages in written form. If not the buyer's shipping insurance will become ineffective and the buyer cannot ask for a free replacement nor can the purchase price be refunded. With his signature the buyer is acknowledging receipt of the parcel and that the delivered parcel is free of any damages.

In the event of a defect to goods delivered already existing at the time of transfer of risk, notwithstanding all exercised care, I shall, upon my choice repair or replace goods subject to duly notice of defects. The opportunity shall always be given to me to rectify the faults within a reasonable period of time.

The offered goods are custom made to suit the individual needs of my customers and natural products. Therefore variations with the smell, form or colour can be present. Variations in  quality, engendered by the nature of the products or due to the raw materials being used do not lead to claims for compensation.The guarantee is conform to §§443 ff. BGB. From business to business dealings the guarantee is limited to 2 years.

Claims on the grounds of defects are excluded in the case of only insignificant deviation from the agreed characteristics, or only insignificant impairment of the usability, or natural wear and tear, or for damage arising after the passage of risk caused by erroneous or careless handling, excessive stress, unsuitable operating substance, or which arise due to exceptional external influences not presupposed according to the contract.Claim based on defects attributable to improper modifications or repair work carried out by the Purchaser or third parties and the consequences thereof shall be likewise excluded.

 

§9 Vis major

In case I am not able to perform the agreed services because art of nature beyond control, Melanie Braun, Nebelduft is freed of the liability of services as long as this special situation goes on.

If it is not possible for Melanie Braun, Nebelduft to carry out the order for longer than one month due to vis major, the client is entitled to withdraw from the contract.



§10 Data security

All data privacy requirements, especially those of the Tele Services Data Protection Act (TDSG), are considered.



§11 Final terms

 
The contractual language is German.

The treaty language is german.

If a provision of these terms  shall be or become invalid or contain a gap, the remaining provisions shall remain effective. In this case the parties shall undertake to replace the ineffective provision by one that most closely approximates the economic intent of the ineffective provision resp. that fills this gap.

This contract and the entire privity of contract of parties shall be deemed subject to the laws of the Federal Republic of Germany excluding UN purchase law (CISG).

Alterations or supplements of this contract are to be made in writing.The same applies to the amendment of the written form in this clause. There are no oral subsidiary agreements.

As of: May 2011