1. Scope of Validity
The following General Terms and Conditions regulate the legal relationships between Skyline GmbH and customers who order goods through the Internet online shop. The Terms and Conditions of Skyline GmbH as well as, limited to the relevant scope of validity, the special and additional terms and conditions agreed to be integrated in the contractual relationship with the Orderer shall apply exclusively. The terms and conditions valid at the time of conclusion of contract shall be decisive for integration in the relevant contract. Any terms and conditions by the Orderer deviating from these shall not be valid. Consumers within the meaning of the following regulations shall be natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent occupation.
2. Offers, Prices and Conclusion of Contract
2.1 In order to make purchases through the online shop you must be of full legal capacity and at least 18 years old. Any offers placed by us shall be subject to these Terms and Conditions.
2.2 The list prices valid on the date of the order shall be binding for price quotation. All prices are quoted exclusive of VAT plus shipping costs. Skyline GmbH reserves the right to make price adjustments.
2.3 The details on our website merely represent product and price information. After verification of your basket, entry of your personal details, selection of the shipping and payment method, you shall submit a binding offer to the Vendor (Skyline GmbH) by clicking on the "Order" button. Our shop system shall confirm the receipt of your order automatically. However, this shall not result in a conclusion of contract. The contract shall not be concluded until the goods are shipped or a separate e-mail is sent, in which the processing or shipment of your ordered goods is confirmed.
2.4 Minimum order Euro 200
An order confirmation shall be sent by e-mail after verification of the order details.
All in our shop offered aromas (misleadingly defined as poppers) are sold as room fragrances and are original articles produced by different manufacturers.
We guarantee the purity of our aromas, which are produced according to the EU norms.
However, we do not endorse in any way the abuse of our products as aphrodisiacs and sex stimulants or any other improper handling.
Every single liquid aroma sold on our Sky-Reseller shop is a room fragrance and is absolutely not to be inhaled directly from the bottle.
The use of liquid aromas is legal in many nations, however, there may be restrictions on trade in various countries. Based on different national legislation, it may be possible that you are not allowed to import some of the offered products into your country. It's your own responsibility to inform yourself prior to your order. Please make sure to check the current legislation in your country before buying or importing any product. By proceeding with your order, you declare to be at least 18 years old, to be properly informed about the use and side effects of the products you are buying and to have read carefully and accepted our Terms of Business. You hereby relieve the Skyline GmbH, their employees, suppliers and all connected persons of all responsibility for any damage due to misuse of products shipped by us.
Deliveries shall be sent by mail or using parcel services. The ordered goods shall be delivered in stable, neutral packaging with discreet sender details. Deliveries shall generally be made after 48 hours. We reserve the right to cancel the contract in the case that the delivery is not made, not made in due time or made incorrectly due to the reason that we ourselves were not supplied in due time and/or incorrectly and are not responsible for lacking availability of the goods.
5. Vendor's Lien
The delivered goods shall remain our property until full payment is received.
6. Transfer of Risks
Insofar as you are a consumer, the risk of accidental loss or accidental deterioration of the sold object during shipment shall not transfer to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. If you are not a consumer, the delivery and shipment shall be at your risk.
7. Warranty Obligation/Return/Complaint/Exchange
7.1 Despite of all precautions, damages during transportation may occur in the delivery. In this case we shall of course refund the damaged articles to you free of charge. If you wish to return the goods, please inform us in advance by e-mail.
7.2 Skyline GmbH makes no guarantee, warranty, exchange or redemption of the items offered by us. We only sell to retailers, the right of withdrawal is therefore excluded.
7.3 Skyline GmbH shall not accept any guarantee for marketability or suitability of the goods offered for a specific purpose.
Any claims for damages and reimbursement of expenses by the customer, for whatever legal reason and in particular for the violation of duties under the contractual obligation and for actionable tort, shall be ruled out.
This shall apply, inasmuch as there is no peremptory liability, e.g. under the Product Liability Act, in cases of wilful intent, gross negligence, harm to life, body or health, or due to breach of major contractual obligations. The entitlement to damages for breach of major contractual obligations shall however be limited to foreseeable damage typical of the contract, inasmuch as there is no liability on the grounds of wilful intent or gross negligence, or due to harm to life, body and health. The above regulations are not associated with a reversal of the burden of proof to the customer's disadvantage. The above provisions also apply to the benefit of our employees and vicarious agents.
The Vendor explicitly points out that all goods delivered must be used only as intended, and that any special instructions for use provided in the package insert must be observed in order to exclude any risk of harm to body and life. Any unauthorised modifications to the goods, namely to electrical items, can lead to an increased risk of harm to body and life.
The Vendor's products may only be used with the consent of the persons using them and must never be used against the will of any person. Items delivered by the Vendor must not be given to minors. All articles have been inspected carefully in terms of safety aspects; nonetheless use of the products is at the user's own peril. The Vendor accepts no responsibility whatsoever for any harm to body, health or otherwise that is caused by improper use.
7.5 Sex toys, lube gel, condoms and underwear cannot be exchanged for hygienic reasons.
7.6 DVDs cannot be exchanged for reasons of data law. Should a DVD, CD or video cassette be damaged, the Buyer can only exchange it for the same item.
8. Data Protection
Skyline GmbH is obliged to handle the Orderer's personal details with strictest confidentiality in accordance with the Data Protection Act.
For more information about data protection, click on the menu item "Privacy" in the online shop.
9. Exclusion of Liability for Third-party Links
The Vendor's website pages contain links to other sites on the Internet. The Vendor explicitly declares that he has no influence whatsoever on the design and content of the linked websites. Therefore the Vendor explicitly disassociates himself from the contents of all linked third-party websites and declares that their content is not his own content. This declaration applies to all the links on the website and to the contents of all pages to which these links point.
10. Governing Law/Written Form Agreement
These Terms and Conditions as well as the entire legal relationship between Skyline GmbH and the Orderer shall be governed by law to the exclusion of the UN Convention on the Sale of Goods (CISG). The place of fulfilment for all services resulting from the business relationships with the Vendor and the venue shall be the seat of the Vendor. Any side agreements or amendments on conclusion of the contract must be made in writing.
11. Escape Clause
The validity of the remaining provisions shall not be prejudiced, should individual provisions of the contract be invalid or unenforceable. The invalid or unenforceable provision shall be replaced by the statutory provisions.