General Terms And Conditions

General Terms and Conditions (GTC) of Essenza Nobile GmbH
for Online Goods Orders on www.essenza-nobile.de

Date: 18.07.2025

1. General, Scope, Language

(1) All offers, purchase contracts, and deliveries resulting from orders by our customers via our internet presentation www.essenza-nobile.de or by telephone at the number +49 (0)621 178 9404 0 unless this deprives you of further consumer protection at your place of residence - are subject exclusively to the following General Terms and Conditions of Essenza Nobile GmbH, Hebelstraße 13, 68161 Mannheim, Germany (fax: 0049 (0) 621 -122 08 75, email: [email protected]) in their valid version at the time of the order.

(2) The product offering in our online shop is aimed at consumers and businesses alike, but exclusively at end users. For these General Terms and Conditions, a consumer is defined as any natural person who enters into a contract for a purpose that cannot be attributed to their commercial or self-employed professional activity. A business is a natural or legal person, or a legal partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when concluding a contract.

(3) Customer terms and conditions do not apply, even if we do not expressly object to their applicability in individual cases.

(4) Contracts with the customer are concluded exclusively in German or English, depending on whether the customer orders via our online shop's German or English-language version. If the customer orders through our German-language website, only the German version of these General Terms and Conditions is authoritative. If the order is placed through our English-language website, only the English version of these General Terms and Conditions is authoritative.

2. Accessibility

(1) By § 14 Para. 1 No. 2, in conjunction with Annex 3 No. 1 BFSG, we provide information on how our website and services in electronic commerce fulfill the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g., "Accessibility Statement" or similar) on our website and includes the following points in particular: 

-  a description of the applicable accessibility requirements; 
-  a general description of the service in an accessible format; 
-  descriptions and explanations necessary to understand how the service is provided; 
- A description of how the service fulfils the relevant accessibility requirements. (2) The contact details of the competent market surveillance authority are as follows: 

MLBF (in Errichtung) c/o Ministerium für Arbeit, Soziales, Gesundheit und Gleichstellung Sachsen-Anhalt Postfach 39 11 55 39135 Magdeburg 
Telephone: 0391 567-4530
Email [email protected]
(3) We may use artificial intelligence (AI) and specialised tools to implement accessibility requirements on our website. This is intended to account for a range of possible disabilities, including visual, auditory, physical, linguistic, cognitive, and neurological impairments. Further details can be found under the separate, appropriately labelled button on our website referred to in paragraph 1.

(4) Our Internet presence or our services in electronic business transactions are barrier-free if they can be found, accessed, and used by people with disabilities in the generally customary manner, without particular difficulty and in principle without outside help.

(5) The measures for implementing the accessibility requirements include, for example, clearly recognisable font sizes and sufficient colour contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are integrated on the website), easy-to-read and understandable language, compatibility with all standard screen readers (screen reading aids), adaptable display options for different end devices (smartphones, tablets, desktop computers, etc.).

3. Conclusion of Contract

According to the General Terms and Conditions (GTC) of Essenza Nobile GmbH for online goods orders on www.essenza-nobile.de, the conclusion of the contract is regulated as follows:

(1) Non-binding and non-committal offers
- The offers in Essenza Nobile's online shop are non-binding and non-committal.

(2) Binding offer from the customer
- By placing an order in the online shop, the customer makes a binding offer to purchase the product. Essenza Nobile can accept the offer within three working days following the day of the offer. Essenza Nobile is not obligated to accept the purchase offer.

(3) Confirmation of the offer
- Essenza Nobile will promptly send the customer a confirmation of the receipt of the offer, which does not constitute acceptance. The offer is only considered accepted when Essenza Nobile declares acceptance to the customer or dispatches the goods.

(4) Right of withdrawal for consumers
- A consumer is entitled to withdraw the offer and return the goods according to the special withdrawal instructions provided as part of the order on the website.

(5) Password and orders
- The password required for ordering must not be passed on to third parties. In the event of disclosure, the customer is liable for orders made by the third party and any resulting claims or liabilities that may arise.

(6) Storage of the contract text
- Essenza Nobile does not store the contract text. Before submitting the order, the contract data can be printed or electronically saved using the browser's print function. Essenza Nobile will email the order data and the GTC to the customer.

4. Right of Withdrawal

Cancellation Policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire fourteen days from the day you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Essenza Nobile GmbH, Hebelstrasse 13, 68161, Mannheim, [email protected], +49 (0)621 - 17894040,   +49(0)621 - 1220875) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or eemail. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (except 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 fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In such cases, you will not incur any fees due to the reimbursement. We may withhold reimbursement until we receive the goods back or you provide evidence of their return, whichever occurs first.

You shall send back the goods or hand them over to us without undue delay and, in any event, not later than fourteen days from the day you communicate your withdrawal from this contract to us. The deadline is met if you return the goods before the fourteen-day period has expired. You will be responsible for the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the goods' nature, characteristics, and functioning.

For a full refund, it is necessary to return the entire order, along with promotional items such as free samples or gifts with purchased goods (Gift with Purchase offers). Missing samples might be deducted from the refunded amount.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of goods where individual selection or determination by the consumer is decisive or tailored to the consumer's personal needs. The right of withdrawal also does not apply to the delivery of goods that can spoil quickly or whose expiration date would be exceeded, as well as to the delivery of sealed goods which are not suitable for return due to reasons of health protection or hygiene if their seal has been removed after delivery.

The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

Sample Cancellation Form

If you want to withdraw from the contract, please complete all the information in this form and return it to us.

To: Essenza Nobile GmbH
Hebelstrasse 13
68161 Mannheim
[email protected]
0621 - 17894040
0621 - 1220875

I / We (*) hereby withdraw from the contract signed by me/us for the purchase of goods / the rendering of services as listed below:

Date of Order:_______________
Date of Receipt:______________
Consumer(s) Name(s): _________
Consumer(s) Address:__________
Consumer(s) Signature(s) (forms returned on paper only)
Date: ___________________

(*) Please delete where inapplicable.

End of cancellation policy

5. Cost Allocation Agreement

The buyer is responsible for the cost of the return shipment. Therefore, it is not free of cost for you.

6. Prices and Payment

(1) Our prices include the statutory value-added tax, not shipping costs. For deliveries to countries outside the European Union, additional fees may be incurred in individual cases. These are not the seller's responsibility but must be borne by the customer. These may include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees), as well as customs duties or taxes. Such costs may also arise with money transfers, even if the delivery does not occur outside the European Economic Area (EEA). Still, the customer is from a country outside the European Union. The customer is responsible for customs duties, customs clearance fees from the shipping service provider, and similar charges.

(2) The following payment methods are available in our shop:

Advance Payment
When selecting the advance payment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment. Payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.

Credit Card
Your credit card will be charged upon completion of the order.

PayPal
You pay the invoice amount via the online provider PayPal. You must generally be registered there or register first, authenticate yourself with your access data, and confirm the payment instruction to us (except for guest access).

Sofortüberweisung (Instant Bank Transfer)
We also offer instant bank transfers. With this, we receive the credit transfer immediately. This accelerates the entire ordering process. You only need your account number, bank code, PIN, and TAN. Sofortüberweisung facilitates a real-time transfer using the secure, non-accessible payment form provided by Sofort AG. The purchase amount is immediately and directly transferred to the merchant's bank account. When choosing the payment method "Sofortüberweisung," a pre-filled form will open at the end of the ordering process. This already contains our bank details.

Additionally, the transfer amount and purpose are already displayed on the form. You must now select the country where you have your online banking account and enter the bank code. Then, enter the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. The transaction will then be confirmed immediately.

Purchase on Account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the option to make purchases on account and pay in instalments as a payment method. Please note that Klarna's invoice and Installment purchase are only available to consumers and must be paid directly to Klarna.

Klarna Installment Purchase
With Klarna's financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (astarting from t least €6.95). For more information on Klarna instalment purchase, including the general terms and conditions and the European standard information for consumer credit, please visit: [Klarna Installment Purchase Terms](https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account)

Klarna Invoice
When purchasing on account with Klarna, you receive the goods first and always have a 14-day payment period. You can find the complete terms and conditions for invoice purchase here: [Klarna Invoice Terms](https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0).

7. Shipment of Goods

(1) Compliance with the shipping date is solely determined by the day we transfer the goods to the shipping company.

(2) If goods are designated as "in stock" on the order form, we are entitled to sell off such goods at any time if the order form indicates limited availability of the goods or if the delivery is made against advance payment and the payment is not received within five working days after we accept the offer. In these cases, shipment will only occur within the agreed or specified period as long as supplies last.

(3) If our supplier does not deliver the goods, which are indicated as "not in stock" on the order form or have been sold out following paragraph 4, to us promptly, the relevant delivery period is extended until the delivery by our supplier plus a period of three days, but not exceeding two weeks, provided that we are not responsible for the delay in delivery by our supplier and have promptly reordered the goods.

(4) If the goods are not or cannot be delivered promptly for any of the reasons above, we will promptly notify the customer. If the goods are unavailable from our suppliers for a foreseeable period, we reserve the right to withdraw from the purchase agreement. In the event of withdrawal, we will promptly refund the payments made by the customer to us. The provision above does not affect the customer's statutory rights in the event of a delivery delay. However, the customer can only claim damages under these General Terms and Conditions.

8. Delivery, Insurance, and Transfer of Risk

(1) We ship with the service providers Deutsche Post, DHL, and DHL EXPRESS.

(2) If the customer is a consumer, the risk of accidental loss, accidental damage, or accidental loss of the delivered goods passes to the customer when the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the carrier.

(3) The shipping costs are sent exclusively via DHL and DHL Express according to the shipping cost table on Essenza Nobile®. You can find it here: https://essenza-nobile.de/shipment-en
Note on possible customs duties and taxes: Additional customs duties and fees may apply for deliveries to non-EU countries. Further information can be found here.

(4) After a prior appointment, you generally can pick up the goods at Kurfürsten Parfümerie, P7, 24, 68161 Mannheim, Germany, during the following business hours: 9 am and 7 pm.

9. Retention of Title

(1) We reserve ownership of the goods we delivered until full payment of the purchase price (including VAT and shipping costs) for the respective goods.

(2) Without our prior written consent, the customer is not entitled to resell the goods we delivered and is still subject to the retention of title.

10. Claims for Defects

(1) The product images may not always correspond to the appearance of the delivered products. In particular, changes in the appearance and equipment of the products may occur after range renewals by the manufacturers. Claims for defects do not exist to the extent that the changes are reasonable for the customer.

(2) If the delivered goods are defective, the customer may initially request us to remedy the defect or deliver non-defective goods. However, if the customer is a business, we can choose between rectifying the defect or delivering a defect-free item, with our choice to be communicated in writing (including by fax or email to the customer within three working days upon receipt of notification of the defect. We may refuse the type of subsequent performance the buyer chooses if it can only be carried out at a disproportionate cost.

(3) If subsequent performance fails or is unreasonable for the customer, or if we refuse subsequent performance, the customer is entitled to rescind the purchase contract, reduce the purchase price, or claim damages or reimbursement of futile expenses under applicable law. Additionally, the customer's claims for damages are subject to the special provisions outlined in Clause 9 of these General Terms and Conditions.

(4) The warranty period is two years from delivery if the customer is a consumer; otherwise, it is twelve months from delivery.

(5) The following applies only to business customers: The customer must promptly inspect the goods upon receipt. The delivered goods are deemed approved by the customer if a defect is not reported within five working days after delivery in the case of apparent defects or otherwise within five working days after the defect is discovered.

(6) If goods are delivered with apparent transport damage, please report such errors to the carrier as soon as possible and promptly contact us. Failure to make a claim or contact us will not affect your statutory rights or their enforcement, notably your warranty rights. However, it helps us to assert our claims against the carrier or the transport insurance.

11. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies. For used goods, claims for defects are excluded if a defect occurs within one year of the date of delivery. Defects occurring within one year of the delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods. The limitations above and shortening of the period do not apply to claims for damages caused by us, our legal representatives, or vicarious agents.
- in case of injury to life, body, or health,
- in case of intentional or grossly negligent breach of duty as well as malice,
- in case of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal duties)
- within the scope of a guarantee promise, if agreed, or
- to the extent that the scope of the Product Liability Act is opened up.
Information about any applicable additional warranties and their exact conditions can be found for each product and on particular information pages in the online shop.

Customer Service: You can reach our customer service with questions, complaints, and objections on weekdays from 8:00 am to 5:00 pm at +49 (0)621 17894040, as well as via email at [email protected].

12. Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

13. Applicable Law and Jurisdiction

(1) Subject to mandatory international private law provisions, the purchase contract between us and the customer is governed by the Federal Republic of Germany law, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant within the meaning of § 1 para. Under the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Mannheim shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may file a lawsuit before any court with jurisdiction under statutory provisions.