Allgemeine Geschäftsbedingungen

**Overview of General Terms and Conditions**
**General Terms and Conditions (GTC) / Cancellation Policy / Privacy Statement / Delivery Terms and Costs**

**Section 1: Scope**

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

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

**Section 2: Contract Formation**

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

(2) Customers can select products from the offering, add them to the shopping cart, and proceed with the registration or login process. After completing registration and confirming the delivery address, customers finalize their orders by clicking "ORDER WITH CHARGE TO ACCOUNT." The submission of an order constitutes an offer to purchase goods and acceptance of these General 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 a separate delivery confirmation or shipment. Conditions for orders from Mexico are detailed at the end of this document.

(4) The contract language is English.

**Section 3: Privacy Statement**

(1) BALDUIN utilizes customer-provided data (Name, Gender, Address, Email, Phone, Fax, Bank Details, IP, Visit Time, Location) solely for intended purposes and within legal limits. Other uses require explicit consent, and 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) The Privacy Statement is available on BALDUIN's website.

**Section 4: Delivery Terms / Costs**

(1) Deliveries are ex-stock unless otherwise agreed in writing. For consumer customers, the risk transfers exclusively to BALDUIN; for business customers, it transfers once the goods are with the shipping agent or a designated person.

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

**Section 5: Payment Terms**

(1) Acceptable payment methods (PayPal, bank transfer) are listed. "Payment by PayPal" transfers the 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, with no interest accrual. Vouchers are accepted during the order with voucher code entry.

**Section 6: Reservation of Title**

Goods remain the property of BALDUIN until fully paid.

**Section 7: Warranty**

(1) Legal warranty provisions apply unless otherwise agreed.

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

**Section 8: Cancellation Policy**

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

To cancel, notify BALDUIN via a 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 is liable for intentional or gross negligence; indirect damages are excluded.

(2) Liability is limited to foreseeable damages typical for the contract type; indirect damages are excluded.

(3) Employee and agent liability are limited as mentioned above.

**Section 10: Online Dispute Resolution**

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

**Section 11: Final Provisions**

(1) Austrian law applies. Consumers domiciled outside Austria may apply the law of their residence.

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

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

*Terms and conditions for the security deposit as of 15.07.2023.*

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