Terms of service

§ 1

Scope of application and contracting parties

(1) These General Terms and Conditions apply to all contracts that you conclude via the online shop sakanperfumes.com with Sakan Distribution GmbH, Thurn-und-Taxis-Platz 6, 60313 Frankfurt am Main, Local Court (Amtsgericht) Frankfurt am Main HRB 142454, represented by the Managing Director (Geschäftsführer) Gökce Özgür Koc.

(2) Our offer is directed exclusively at consumers. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.

(3) The conclusion of the contract requires that you have unrestricted legal capacity.

(4) The version of these terms and conditions in effect at the time of your order is authoritative. We do not recognise deviating terms and conditions unless we have expressly agreed to their applicability in text form.

§ 2

Conclusion of contract

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to you to order goods.

(2) You can first place products in the shopping cart without obligation and correct your entries at any time before submitting the order. Before you submit the binding order, all details are displayed to you again in an overview. You can correct input errors there using the usual keyboard and mouse functions as well as your browser's navigation buttons.

(3) By submitting the order via the final button of the checkout process, you make a binding offer to conclude a purchase contract for the goods contained in your shopping cart. This also applies if you complete the order via one of the accelerated payment methods offered.

(4) After submitting the order, you will receive an automatic confirmation of receipt by email. This confirmation of receipt only documents that your order has been received by us and does not yet constitute acceptance of your offer.

(5) The purchase contract is concluded as soon as we accept your order by means of a separate shipping confirmation or deliver the goods to you. If we do not accept your offer within five business days, you are no longer bound by your order. In this case, we will refund any payments already made without undue delay.

§ 3

Contract language and storage of the contract text

(1) The contract language is exclusively German.

(2) We store the contract text and send you the order details together with these General Terms and Conditions and the withdrawal information by email. For security reasons, the contract text is no longer accessible via the internet. Please keep the email.

§ 4

Prices and shipping costs

(1) All stated prices are final prices and include statutory VAT.

(2) Shipping costs are charged in addition to the product prices. For deliveries within Germany, these amount to 4.55 EUR for an order value under 35 EUR. From an order value of 35 EUR, we deliver free of shipping costs within Germany. For deliveries to other countries of the European Union, the shipping costs are determined on the basis of the destination country as well as the weight and size of the shipment and are shown to you during checkout before you submit your binding order.

(3) Details of shipping costs and delivery times can be found in our Shipping Policy. As we deliver exclusively within the European Union, no customs duties or import charges are incurred.

§ 5

Terms of payment

(1) We offer the following payment methods: credit card via Shopify Payments, PayPal, Klarna and Shop Pay. Which payment methods are available to you in each individual case is shown during checkout.

(2) The purchase price is due for payment upon conclusion of the contract, unless the selected payment method provides otherwise.

(3) If a payment method of Klarna Bank AB (publ) is selected, payment is made to Klarna. In this respect, the terms and conditions and privacy notices of Klarna, to which you are referred during checkout, apply in addition. The same applies to processing via PayPal and Shop Pay.

(4) If a payment falls into default, the statutory provisions apply.

§ 6

Delivery

(1) We deliver exclusively within the European Union to the delivery address you have provided. Delivery to Packstationen (parcel lockers) or PO boxes is not possible.

(2) The delivery time is 1 to 3 business days within Germany and 5 to 7 business days to the other countries of the European Union. The period begins on the day after conclusion of the contract (Section 2 (5)). If the end of the period falls on a Saturday, Sunday or public holiday, the period ends on the next business day.

(3) Partial deliveries are permitted insofar as they are reasonable for you. You will not incur any additional shipping costs as a result.

§ 7

Retention of title

The delivered goods remain our property until they have been paid for in full.

§ 8

Right of withdrawal

(1) As a consumer, you have a statutory right of withdrawal. For details, including the exceptions to the right of withdrawal and the model withdrawal form, please refer to our withdrawal policy.

(2) In the case of sealed goods which are not suitable for return for reasons of health protection or hygiene, the right of withdrawal expires under Section 312g (2) No. 3 of the German Civil Code (BGB) if the seal has been removed after delivery.

§ 9

Statutory warranty rights

(1) The statutory provisions on liability for defects apply. Your rights in the event of defects in the goods are governed by Sections 434 et seq. of the German Civil Code (BGB).

(2) The limitation period for claims based on defects is two years from receipt of the goods.

(3) Please report transport damage to us as promptly as possible at care@sakanperfumes.com so that we can clarify the case with the shipping provider. Failure to report has no consequences for your statutory rights.

§ 10

Liability

(1) We are liable without limitation for damage resulting from injury to life, body or health, for damage based on intent or gross negligence, as well as under the provisions of the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee we have assumed.

(2) In the event of a slightly negligent breach of an obligation whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance you may regularly rely, our liability is limited to the foreseeable damage typical for this type of contract.

(3) In all other respects, our liability is excluded.

§ 11

Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 (1) No. 1 VSBG).

§ 12

Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected by this.

(2) The statutory provisions apply to the place of jurisdiction.