General Terms and Conditions

§ 1 Scope of application and provider

1. These general terms and conditions apply to all orders that you place with the online shop of

Panagiota Marigkou, Friedenstr. 8, Solingen - Managing Director: Panagiota Marigkou.

2. The goods offered in our online shop are aimed exclusively at buyers who have reached the age of 18.

3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby rejected.

4. The contract language is exclusively German.

5. You can view the currently valid General Terms and Conditions on the website https://www.flavour-myths.com/en/allgemeine-geschaftsbedingungen/ and print them out.

§ 2 Conclusion of contract

1. The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

2. By clicking on the button ["order now with obligation to pay" / "buy"] you submit a binding purchase offer (§ 145 BGB).

3. After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

4. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you - without prior express declaration of acceptance.

§ 3 Prices

The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping information" / "Delivery conditions"].

§ 4 Terms of payment; default

1. Payment can be made either by:

Credit card or direct debit.

2. We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment.

3. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorisation). Your credit card account will actually be debited at the time we dispatch the goods to you.

4. In the case of payment by direct debit, you may have to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank details provided by you.

5. If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after default has occurred, unless lower or higher damages are proven in individual cases.

§ 5 Offsetting/right of retention

1. You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship to our claim.

2. You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; retention of title

1. unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.

2. the goods remain our property until the purchase price has been paid in full.

3. by way of exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction). The prerequisite for this is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will reimburse you immediately for any payments already made. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

4. if you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:

We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.

If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released is incumbent on us.

§ 7 Cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes that cannot be attributed primarily to your commercial or independent professional activity, you have a right of cancellation in accordance with the following provisions.

Right of cancellation

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

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

To exercise your right of cancellation, you must provide us with

Name or company name, address, e-mail, telephone

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 any fees for this repayment.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us or to [name and address of a person authorised by you to receive the goods, if applicable] immediately and in any case within fourteen days of the day on which you inform us of the cancellation of this contract at the latest. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample cancellation form

If you wish to cancel the contract, please complete this form and return it to us.

To:

Company: flavour myths - Panagiota Marigkou
Adress: Friedenstr. 8, 42699 Solingen - DE
E-Mail: administration@flavour-myths.com
Tel: +49(0)15207437345

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*): [.........]

Ordered on (*)/received on (*): [.........]

Name of the consumer(s): [.........]

Address of the consumer(s): [.........]

Signature of the consumer(s) (only for notification on paper)

Date [.........]

(*) Delete as appropriate.

End of the cancellation policy

1. The right of cancellation does not apply to the delivery of

of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer (e.g. T-shirts with your photo and your name),

sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

goods which, due to their nature, have been inseparably mixed with other goods after delivery,

sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,

newspapers, periodicals or magazines with the exception of subscription contracts.

2. Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging.

3. Please call us at +49(0)15207437345 before returning the goods to notify us of the return. This will enable us to allocate the products as quickly as possible.

4. Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of cancellation.

§ 8 Transport damages

1. If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.

2. Failure to lodge a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

§ 9 Warranty

1. Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).

2. If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is one year - in deviation from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), or to claims for other damages based on an intentional or grossly negligent breach of duty by the user or its vicarious agents.

3. In all other respects, the statutory provisions shall apply to the warranty.

4. If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:

Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods.

§ 10 Liability

1. Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.

2. Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

§ 11 Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be found at the external link https://ec.europa.eu/consumers/odr/erreichbar.

We endeavour to settle any disputes arising from our contract amicably. Beyond this, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.

§ 12 Final provisions

1. Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

2. contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.

3. if you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Status: June, 2024

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4