General Terms and Conditions (GTC)

Terms of contract in the context of purchase contracts concluded via the platform https://aloha-senses.com between Corinna Kuhnert, Yorckstr. 8, 24105 Kiel, Tel.: +49 (0)431 – 9088 9891, VAT ID No. DE270451792 – hereinafter referred to as “Provider” – and the users of this platform designated in § 2 of these GTC – hereinafter referred to as “Customer/Customers”.

§ 1 Scope of validity

The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. Deviating terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The Customer may select products from the Provider’s assortment (already completed goods or works individually created by the Provider, services, downloadable products) and collect them in a so-called shopping cart by clicking the “add to cart” button. By clicking on the “Buy now” button, he makes a binding request to purchase the products in the shopping cart. Before sending the order, the customer can change and view the data at any time.

(2) The Provider shall then send the Customer an automatic confirmation of receipt with the subject “Confirmation of your order” by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. The order of the customer (1) represents the offer to conclude the contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. In this the content of the order is summarized. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent by us to the customer on a durable medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection. Downloadable products are made available for immediate download.

Downloadable products: With the confirmation of receipt sent immediately by e-mail, the acceptance of the offer is also declared at the same time and the purchase contract is thus concluded. The products are then made available for immediate download.

(3) The contract shall be concluded in the languages: German.

§ 3 Delivery, availability of goods, payment modalities

(1) Delivery times stated by us shall be calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also notify the Customer thereof without undue delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

(3) The following delivery restrictions apply: The Provider shall only deliver to Customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Australia, Austria, Belgium, Canada, Croatia, Denmark, Finland, France, Germany, Greece, Republic of Ireland, Hungary, Iceland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, United Arab Emirates, United Kingdom, United States of America (USA).

(4) The customer can make payment by direct bank transfer, Sofortüberweisung (Klarna) or PayPal.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline.

§ 4 Reservation of title

Until full payment of the purchase price, the delivered goods remain the property of the supplier.

§ 5 Prices and shipping costs

(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer unless the customer exercises any right of revocation.

(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.

§ 6 Warranty for material defects

(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

§ 7 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.

(3) The restrictions of paras. 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act shall remain unaffected.

§ 8 Notes on data processing

(1) The Provider collects data from the Customer in the course of processing contracts. In particular, it shall observe the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the Customer’s consent, the Provider shall not use the Customer’s data for the purposes of advertising, market or opinion research.

§ 9 Intellectual property

(1) The entire content of the web store and website operated by the Provider at https://aloha-senses.com is the exclusive property of the Provider or third parties supplying content or making it available on the website with regard to intellectual property rights.

(2) The use, editing, copying or distribution of content of the webshop and website operated by the Provider at https://aloha-senses.com is prohibited without the prior written consent of the Provider and (if applicable) the respective third party. All intellectual property rights to the works, designs, samples, texts, graphics, logos, button icons, sound, animations, videos, images and models as well as trademarks distributed via the web store and website, at public events or in person are the exclusive property of the provider (or, if applicable, the respective third party). Any form of reproduction or commercial use, explicitly also on original works, is prohibited without the express written consent of the provider (or, if applicable, the respective third party).

§ 10 Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must contact us (Corinna Kuhnert, Yorckstr. 8, 24105 Kiel, Tel: +49 (0)431 9088 9891, E-Mail: aloha(at)aloha-senses.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) about your decision to revoke this contract.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

When exercising the right of withdrawal, the buyer is obliged to return the complete and unopened goods in the original packaging. In any case, the return must be made in packaging suitable for safe transport and exclusively to the address of the supplier. Otherwise, the supplier reserves the right to a reduction in value due to the use of the goods when refunding the purchase price.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

End of the cancellation policy.

§ 11 Exclusion of revocation

The customer has no right of withdrawal for contracts for the delivery of goods with pump or spray closure and goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, as well as goods that are made to customer specifications, clearly tailored to personal needs (for example, if you have ordered a custom-made), which due to their nature are not suitable for return, which may spoil quickly or whose expiration date would be exceeded, and also not in the case of delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery.

In the event that the Customer should have requested that services already commence during the revocation period, the Customer shall pay the Provider a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which the Customer notifies the Provider of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.

The right of revocation expires prematurely if the contract has been completely fulfilled by both parties at the express request of the customer before the customer has exercised his right of revocation.

If the customer is an entrepreneur, the statutory warranty is excluded.

§ 12 Final provisions

(1) Contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) 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 shall be the Provider’s registered office.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Terms and conditions for events

The following terms and conditions apply to all workshops, seminars, trainings, retreats and other events with the organizer Corinna Kuhnert; as well as all events led by Corinna Kuhnert and/ or Jörn Klaas. By registering, you agree to these terms and conditions.

Registration

Registration is in writing via the online registration form or via our paper registration form. We will then send you a confirmation of registration and an invoice by e-mail. Only after receipt of the full event fee (in case of payment by installments upon receipt of the first installment) your registration is bindingly valid.

Cancellation conditions

The cancellation period for events is fourteen days from the day of the conclusion of the contract. Events are refundable from a gross sales price of EUR 45.00. All cancellations must be received by the provider in writing – by email to aloha(at)aloha-senses.com or by letter to Corinna Kuhnert, Yorckstr. 8, 24105 Kiel. Please provide us with your bank details (IBAN and BIC) for a possible return transfer.

Cancellation conditions day events

For cancellations up to 30 days prior to the start of the event, we charge a flat cancellation fee of EUR 45.00. We will transfer the remaining amount back to your account. For later cancellations, early termination of the event, or if you do not attend the event without cancellation, the full rate for the booked event is due.

Rebooking is possible only with the agreement of the organization in exceptions. For rebooking up to 30 days before the start of the event we charge a rebooking fee of EUR 45,00. A later rebooking is not possible for organizational reasons.

Cancellation conditions multi-day events

For cancellations up to two months prior to the start of the event, we charge a flat cancellation fee of 10% of the event fee. We will transfer the remaining amount back to your account. Cancellation up to six weeks before the start of the event will incur a cancellation fee of 50%. We will transfer the remaining amount back to your account. For later cancellations, early termination of the event, or if you do not attend the event without cancellation, the full rate for the booked event is due.

Cancellation Policy Trainings & Retreats

Special cancellation conditions apply to trainings and retreats, which are shown in our registration form for the respective events.

Accommodation & catering during an event

The costs for accommodation and catering are not included in the event prices, unless these are explicitly shown in the associated event description and declared as part of the event price. The participants themselves are obliged and responsible for booking their accommodation and meals.

Cancellation of an event by the organizer

If the minimum number of participants is not reached, in case of illness or other adverse circumstances, an event can be cancelled or postponed to another date by the organizer within a reasonable period of time. All payments already made will be fully refunded to you. Beyond that, there are no claims for damages against the organizer, e.g. for possibly booked flights, tickets or hotel costs.

Intellectual property

The copyright to the training and educational materials, CDs, DVDs, and all other written materials used in the events issued and provided by the organizer shall be owned by the organizer, unless another copyright owner is indicated on the work itself. The participant is prohibited from publishing, reproducing or distributing data from the above materials in any form without the express consent of the organizer.

Legal notice

Corinna Kuhnert’s offer serves to improve the quality of life, increase motivation as well as relaxation. Any existing mental and / or infectious disease must be notified to the organizer before registration. Participation in our events in no way replace a visit to a doctor, alternative practitioner or psychologist and their diagnoses, treatments and therapies. No medical purpose is expressed or implied.

Disclaimer

By registering for an event, each participant declares that he/she is fully responsible for him/herself, his/her actions and health during an event as well as during the preparation and follow-up. The organizer is free from any insurance and other claims. For damages caused by the participant to himself and / or other persons or things, as well as for any risk he takes, he is solely liable.

This declaration is legally binding. The place of jurisdiction is Kiel.

Privacy policy

(1) During the initiation, conclusion, processing and reversal of a purchase contract, data is collected, stored and processed within the framework of the statutory provisions.

(2) The personal data provided by the customer, e.g. when placing an order or by e-mail, shall only be processed for correspondence with the customer and only for the purpose for which the customer provided the data to the provider.

(3) It is assured that the personal data of the customer will not be disclosed to third parties.

(4) If the customer no longer agrees to the storage of personal data, the deletion will be initiated.

(5) For questions regarding the collection, processing or use of personal data, for information, correction, blocking or deletion please contact:

aloha(at)aloha-senses.com

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

Terms and Conditions Aloha Senses Perfumes.