General Terms and Conditions

Terms and Conditions Overview

**Terms and Conditions (T&Cs) / Cancellation Policy / Privacy Statement / Delivery Terms and Costs**

**Section 1: Scope**

(1) These Terms and Conditions constitute an integral component of any agreement between Balduin – the olfactory store, located at Nitscha 91, 8200 Gleisdorf, represented by its Managing Director, Mr. Willem Krauss, and referred to as "BALDUIN," and the customer.

(2) BALDUIN's services are provided exclusively based on these Terms and Conditions.

**Section 2: Contract Formation**

(1) The presentation of goods, especially online, does not represent a binding offer from BALDUIN.

(2) Customers can select products from the offering, add them to the Shopping Cart using the "ADD" link, and remove items by setting the product quantity to "0." By clicking "GO TO CHECKOUT," customers proceed to register or log in. Upon completing registration and confirming the delivery address, customers finalize their orders by clicking "ORDER WITH CHARGE TO ACCOUNT." Order submission indicates an offer to purchase goods and acceptance of these Terms and Conditions. Order receipt is immediately confirmed to the customer.

(3) Order receipt confirmation via email is not a binding acceptance. Contract formation occurs upon separate delivery confirmation or shipment. Terms for orders from Mexico are detailed at the end of this document.

(4) The contract's language is English.

**Section 3: Privacy Statement**

(1) BALDUIN uses customer-provided data (name, gender, address, email, phone, fax, bank details, IP, visit time, location) only for intended purposes and within legal constraints. Other uses require explicit consent. Customers can object to data usage.

(2) Customer data may be processed by BALDUIN for contractual services, communication (including newsletters), behavior analysis, and order processing. Data is shared with shipping agents for delivery. Data usage complies with data protection laws.

(3) Consent withdrawal is possible without justification by contacting BALDUIN. Customers can request data details, modifications, erasure, or withdraw consent.

(4) Privacy Policy is available on BALDUIN's website.

**Section 4: Delivery Terms / Costs**

(1) Deliveries are ex stock unless otherwise agreed in writing. Risk transfers exclusively to BALDUIN for consumer customers, to customers for businesses once goods are with shipping agents or designated entities.

(2) Delivery occurs within 5 working days (Monday-Friday, excluding holidays) from contract conclusion. Times, costs, and methods vary per country; details at under "Delivery Costs and Payment Methods."

**Section 5: Payment Terms**

(1) Acceptable payment methods (PayPal, bank transfer) listed. "Payment by PayPal" transfers payment demand to PayPal (Europe) S.à r.l. et Cie, S.C.A. PayPal conducts credit checks, sharing data with credit agencies for this purpose.

(2) Prices include statutory tax.

(3) Shipping costs (packaging, transport, insurance) are borne by the customer, unless agreed otherwise.

(4) First-time customers with orders exceeding EUR 250 require prepayment.

(5) Defaulting customers pay reminder fees and 12.5% p.a. interest. Debt collection costs are chargeable.

**Section 5a: Gift Vouchers**

Gift vouchers (EUR 10-250) are valid for 5 years, non-exchangeable for cash, no interest accrual. Vouchers are accepted during order with voucher code entry.

**Section 6: Reservation of Title**

Goods remain BALDUIN's property until fully paid.

**Section 7: Warranty**

(1) Legal warranty provisions apply, except as otherwise agreed.

(2) 24-month warranty for consumer customers; 12-month warranty for businesses. Limitations exist for certain claims.

**Section 8: Cancellation Policy**

Customers have 14 days to cancel without reason. Exclusions apply to gift vouchers and merchandise. Cancellation period starts upon goods receipt.

To cancel, notify BALDUIN via clear declaration (letter or email) before the deadline.

Upon cancellation, BALDUIN refunds payments, excluding additional delivery costs, within 14 days. Goods must be returned within 14 days, with direct return costs.

**Section 9: Limitation of Liability**

(1) BALDUIN liable for intentional or gross negligence; excludes indirect damages.

(2) Liability limited to foreseeable damages typical for contract type; excludes indirect damages.

(3) Employee and agent liability limited as above.

**Section 10: Online Dispute Resolution**

European Commission established an online dispute resolution platform for consumer-merchant conflicts.

**Section 11: Final Provisions**

(1) Austrian law applies. Consumers domiciled outside Austria may resort to their residence's law.

(2) Place of performance for business customers is BALDUIN's registered office.

(3) Graz court handles disputes arising from the contract for business customers.

*Terms and conditions governing the security deposit as of 15.07.2023*