1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Reservation of proprietary rights
7. Liability for defects (warranty)
8. Redemption of campaign vouchers
9. Applicable law
10. Alternative dispute resolution

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of Melisa Yarar, acting under "D'Aura Vie" (hereinafter "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.3. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2.1. The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2. The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking on the "order for a fee" button that concludes the ordering process.

2.3. The seller can accept the customer's offer within five days,

• By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• By delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• By requesting the customer to pay after placing his order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4. If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal, which can be selected in the online ordering process, the seller already declares the acceptance of the customer's offer at the time when the customer clicks on the button that completes the order process.

2.5. When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer after sending his order together with the present GTC in text form (e.g. B. E-mail, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account, stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.6. Before submitting the binding order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7. The German language is available for the conclusion of the contract.

2.8. Order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.

3.1. Consumers are generally entitled to a right of withdrawal.

3.2. Further information on the right of withdrawal can be found in the seller's cancellation policy.

4.1. Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs will be specified separately in the respective product description.

4.2. Various payment options are available to the customer, which are specified in the seller's online shop right at the beginning of the ordering process.

4.3. If prepayment is agreed, payment is due immediately after conclusion of the contract.

4.4. If the payment method "SOFORT" is selected, payment processing takes place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimise himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more information about the payment method "SOFORT" on the Internet at https://www.klarna.com/sofort/. 4.5 If you select the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment takes place in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorises to collect claims on his behalf. PAYONE GmbH collects the invoice amount from the customer's specified credit card account. The credit card is debited immediately after sending the customer order in the online shop. Even when selecting the payment method credit card payment via PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, revocation declarations and shipments or credits.

5.1. The delivery of goods takes place on the shipping route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address stored by the customer at the time of payment with PayPal is decisive.

5.2. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of sending there if the customer effectively exercises his right of withdrawal. The regulation made in the seller's cancellation policy applies to the return costs if the customer effectively exercises the right of withdrawal.

5.3. Self-collection is not possible for logistical reasons.

If the seller makes an advance payment, he reserves ownership of the delivered goods until full payment of the purchase price owed and all associated costs and expenses.

Unless otherwise stated in the following regulations, the provisions of the statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1. If the customer acts as an entrepreneur,

• The seller has the choice of the type of supplementary fulfilment;
• In the case of new goods, the limitation period for defects is one year from delivery of the goods;
• For used goods, the rights and claims due to defects are excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of the liability for defects.

7.2. The limitations of liability and shortening of the deadlines regulated above do not apply

• For claims for damages and reimbursement of expenses of the customer,
• In the event that the seller has fraudulently concealed the defect,
• For goods that have been used in accordance with their usual use for a structure and have caused its defectiveness,
• For any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3. In addition, for entrepreneurs, the statutory limitation periods for any existing legal right of recourse remain unaffected.

7.4. Is the contract for both parts a company-related business within the meaning of § 343 para. 2 AT-UGB, the customer is subject to the commercial inspection and complaint obligation in accordance with § 377 AT-UGB. If the customer fails to comply with the notification obligations regulated there, the goods are considered approved.

7.5. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8.1. Vouchers that are issued free of charge by the seller as part of promotions with a certain validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified promotional period.

8.2. Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

8.3. Promotional vouchers can only be redeemed before the order process is completed. Subsequent set-off is not possible.

8.4. Only one promotional voucher can be redeemed per order.

8.5. The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining balance will not be refunded by the seller.

8.6. If the value of the campaign voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

8.7. The credit of a campaign voucher is neither paid out in cash nor remunerated.

8.8. The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

8.9. The campaign voucher is transferrable. The seller can pay with liberating effect to the respective owner who redeems the campaign voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or the lack of representation authority of the respective owner.

The law of the Republic of Austria applies to all legal relationships between the parties to the exclusion of the laws on the international purchase of moveable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.