General Terms and Conditions

1. Scope and contracting party

These terms and conditions apply to all contracts you conclude through our online shop at arbach-perfumes.at. Your contracting party is Perfumes Arbach, proprietor Belal Arbach, Quellenstrasse 99, 1100 Vienna, Austria, VAT number ATU82439924, email management@arbach-perfumes.at, telephone +43 681 10639298. ARBACH Luxury Perfumes is a brand of Perfumes Arbach. A consumer within the meaning of these terms is any natural person for whom the transaction does not form part of the operation of their business (§ 1 KSchG). The version of these terms published in the shop at the time of your order applies. Differing or supplementary terms on your part do not become part of the contract unless we have expressly agreed to them in text form.

2. Formation of the contract

The presentation of goods in our shop is not a legally binding offer but an invitation for you to place an order. You place a binding order by going through the ordering process and clicking the final button by which you submit the order subject to payment. Before submitting, you can review your entries on the order summary and change them using the correction functions of your browser and the cart.

After your order reaches us you will immediately receive an automatic confirmation of its receipt. This acknowledgement under § 10 (2) ECG merely documents that your order has reached us and does not yet constitute acceptance. The contract is concluded as soon as we expressly accept the order, dispatch the goods, or make the goods available to you for collection. If we do not accept your order within five working days, you are no longer bound by it. With the order confirmation we send you these terms and the notice on the right of withdrawal together with the model withdrawal form by email on a durable medium.

3. Prices and shipping costs

All prices stated in the shop are final prices in euros and include statutory VAT. Shipping costs are added to the price of the goods; they are shown separately during the ordering process and displayed to you in the total before you submit the order. Within Austria shipping costs are 6.90 euros; for deliveries to the countries outside Austria selectable during the ordering process they are 13.90 euros. From three fragrances ordered we deliver free of shipping costs. No shipping costs arise when you collect from our shop. Where a discount or a free item is granted, the total price shown in the cart applies. For deliveries to countries outside the European Union, customs duties, import VAT and fees charged by the customs or postal service provider may arise; you bear these in addition and we cannot quantify them in advance.

4. Payment

Payment is made using the payment methods offered during the ordering process. Cash payment is not possible, including on collection from the shop. The purchase price falls due for payment on completion of the ordering process. If you choose a third-party payment method, that provider's terms additionally apply to the processing of the payment.

5. Delivery, delivery period and passing of risk

We deliver within Austria and to the further countries shown to you for selection during the ordering process. You can see which countries these are during the ordering process before submitting your order; delivery to other countries is not possible. We dispatch on working days from Monday to Friday. We deliver without undue delay, in any event within 30 days of conclusion of the contract. If we do not deliver on time, you may set us a reasonable additional period and withdraw from the contract once it has expired (§ 7b KSchG). For consumers, the risk of loss of or damage to the goods passes only once you or a third party named by you, other than the carrier, has taken possession of the goods.

Perfumes are alcohol-based products and are subject to dangerous goods restrictions in transport, so individual shipping routes, in particular air freight, may be excluded. If for this reason we cannot deliver to the address you have given, we will inform you without undue delay; in that case we withdraw from the contract and refund any payments already made in full without undue delay. We are entitled to make partial deliveries where this is reasonable for you; no additional shipping costs arise for you as a result.

6. Collection from the shop

You may collect your order from our shop at Quellenstrasse 99, 1100 Vienna, by choosing this option during the ordering process. Collection is free of charge. We usually make the order ready within 24 hours and notify you as soon as it is ready for collection. Please bring the order confirmation with you. The goods are held for you for 14 days from notification; if you do not collect them within this period we will set you a further reasonable period and are entitled, once it has expired, to withdraw from the contract and refund the purchase price. Even when collecting from the shop you conclude the contract through our online shop, which is why as a consumer you have the full right of withdrawal under § 7 of these terms.

7. Right of withdrawal for consumers

If you are a consumer you have a right of withdrawal of 14 days which you may exercise without giving reasons. The details, in particular the start of the period, the form of the declaration and the consequences of withdrawal, are set out in our notice on the right of withdrawal, which forms part of these terms. We provide a model withdrawal form for you; you are not obliged to use it. There is no right of withdrawal for goods which, for reasons of health protection or hygiene, are not suitable for return where their seal has been removed after delivery (§ 18 (1) no. 5 FAGG); further details are in the notice on the right of withdrawal.

8. Warranty

The statutory warranty provisions apply, for consumers those of the Consumer Warranty Act and the ABGB. The warranty period for movable goods is two years from handover of the goods. No limitation or shortening of these rights takes place vis-à-vis consumers. Please address complaints to management@arbach-perfumes.at or to the address given in § 1. We assume a guarantee going beyond the statutory warranty only where we expressly declare it in writing in an individual case. There is no defect where fragrance notes change after a longer period within the usual shelf life and under proper storage.

9. Liability

We are liable to you in accordance with the statutory provisions. Our liability for personal injury and for damage caused intentionally or through gross negligence is not limited in amount and is not excluded. For property damage caused through slight negligence we are liable only in the event of a breach of a material contractual obligation. Liability under the Product Liability Act remains unaffected in any case.

10. Dispute resolution

We are not obliged to take part in alternative dispute resolution proceedings before a conciliation body and do not take part in such proceedings (§ 19 AStG). Your right to bring proceedings before the courts remains unaffected.

11. Applicable law, contract language and place of jurisdiction

Austrian law applies to contracts under these terms; the application of the UN Convention on Contracts for the International Sale of Goods is excluded. If you are a consumer habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected by this choice of law. The contract language is German; versions of these terms in other languages are translations provided for ease of understanding. For actions against consumers domiciled, habitually resident or employed in Austria, the court of that place has exclusive jurisdiction (§ 14 (1) KSchG). If you are an entrepreneur, the court with subject-matter jurisdiction for 1100 Vienna has jurisdiction for all disputes arising from this contract.

12. Version of these terms

These terms apply in the version of [insert date of publication].