Terms & Conditions

**General Terms and Conditions**

**§ 1 Scope, Definitions**

(1) Scherk GmbH, Legiendamm 34, Germany (hereinafter referred to as “we” or “Mystikumfragrances”), operates an online shop for goods at the website https://mystikumfragrances.com/. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in their version valid at the time of ordering, unless expressly agreed otherwise.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a legal partnership is a partnership that is capable of acquiring rights and incurring liabilities.

**§ 2 Conclusion of Contracts, Storage of Contract Text**

(1) The following regulations regarding the conclusion of contracts apply to orders placed through our online shop at https://mystikumfragrances.com/.

(2) Our product representations on the internet are non-binding and not a binding offer to conclude a contract.

(3) The following regulations apply when an order is placed in our online shop: The customer submits a binding contract offer by successfully completing the order process provided on our online shop. The order is placed in the following steps:

– Selection of the desired goods,
– Adding the products by clicking on the corresponding button (e.g., “Add to Cart”, “Add to Bag”, or similar),
– Reviewing the information in the shopping cart,
– Accessing the order overview by clicking on the corresponding button (e.g., “Proceed to Checkout”, “Continue to Payment”, “Go to Order Overview”, or similar),
– Input/review of address and contact details, selection of payment method, confirmation of the terms and conditions and cancellation policy,
– If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
– Completing the order by clicking the “Buy Now” button. This constitutes your binding order.

The contract is concluded when you receive an order confirmation from us within three working days to the email address provided.

(4) In the event of the conclusion of the contract, the contract is concluded with Scherk GmbH, Legiendamm 34, Germany.

(5) Prior to the order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all necessary information related to the conclusion of the contract, in particular the order data, the terms and conditions, and the cancellation policy, is carried out by email after the order is triggered by you, partly automated. We do not store the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., “Back” button of the browser). They can also be corrected by canceling the ordering process prematurely, closing the browser window, and repeating the process.

(7) The processing of the order and transmission of all necessary information related to the conclusion of the contract is carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, not prevented by SPAM filters.

**§ 3 Subject Matter of the Contract and Essential Features of the Products**

(1) The subject matter of the contract in our online shop is:

– The sale of goods. You can find the specifically offered goods on our product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly indicated in the product description (negative quality agreement). If the customer has given their express consent to the deviation from the usual quality, this defines the subject matter of the contract.

**§ 4 Prices, Shipping Costs, and Delivery**

(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before the product is delivered (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.

(3) In addition to the specified prices, shipping costs may apply for the delivery of products if the respective item is not marked as free of shipping costs. The shipping costs will be clearly communicated to you in the offers, if applicable, in the shopping cart system and on the order overview.

(4) All offered products are, unless clearly stated otherwise in the product description, ready for dispatch immediately (delivery time: 2-5 working days after receipt of payment).

(5) Delivery is worldwide.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention to the extent that it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.

§ 7 Language of the Contract

The language of the contract is exclusively english.

§ 8 Liability

(1) Subject to the exceptions below, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.

(2) We are liable without limitation for slight negligence in the event of injury to life, body, or health, or in the event of breach of a material contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible, or if we have breached a material contractual obligation, liability for resulting property and financial damages is limited to the typically foreseeable damage. A material contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, whose violation jeopardizes the achievement of the purpose of the contract, and on whose compliance you can regularly rely. This includes in particular our obligation to act and fulfill the contractually owed service described in § 3.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) For entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are requested to immediately check the goods/digital goods or the service provided for completeness, obvious defects, and transport damage upon fulfillment of the contract, and to promptly notify us and the carrier of any complaints. Failure to do so will not affect your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (favorability principle).

(2) The provisions of the UN Sales Convention expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s place of business.

Shopping Cart