TERMS & CONDITIONS – SMILVA

1. Scope of Application

These Terms apply to all purchases from Smilva GbR via smilva.com. By ordering, you accept them exclusively. Other customer terms do not apply unless agreed in writing.
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2. Contracting Party & Contact Information

The contract is with Smilva GbR, represented by Baraa and Serjane. Smilva GbR is online-only and has no physical store. All official inquiries must be sent to smilva.official@gmail.com . Messages via other channels are not binding. Replies may take up to 10 days.


3. Age Restriction

You must be at least 18 years old and legally capable to place an order. Orders from minors, persons under guardianship, or unauthorized third parties are invalid and may be cancelled. Any damages or costs from false declarations are the sole responsibility of the customer or their legal guardian.


4. Formation of the Contract

Products shown on our website are not binding offers but an invitation to order. By clicking “Buy now” or “Pay now,” you submit a binding offer. You will first receive an order confirmation email (not yet acceptance). The contract is concluded only when we explicitly confirm or dispatch the goods. We may refuse orders in justified cases (e.g., errors, unavailability, fraud suspicion, or age restrictions). Any payments already made will be fully refunded.

5. Prices, Taxes & Customs Duties

All prices are in Euro (€) and VAT is not charged (§19 UStG). The final price = product price + shown shipping costs. Within the EU no extra fees apply. For deliveries outside the EU, customs duties or taxes may apply and must be paid by the customer upon delivery. Unpaid duties may lead to the parcel being held, returned, or destroyed at the customer’s expense.

6. Payment Methods & Terms
We accept Visa, MasterCard, PayPal, Apple Pay, Klarna Invoice, and Shop Pay. By choosing a method, you authorize the provider to process payment. Credit cards are charged immediately; Klarna terms apply separately. Payment is due upon order confirmation. If payment is declined or reversed without reason, Smilva GbR may charge fees and take legal action.


7. Delivery, Processing & Availability

Orders are processed within 1–2 business days after payment. Standard shipping takes approx. 7–13 business days, Express 3–7 business days. Times are estimates and may be delayed by customs, courier issues, strikes, or other external factors. We will inform you of major delays but are not liable for them. Product availability shown online is not guaranteed; if an item becomes unavailable, the order may be cancelled and you will be refunded in full.

8. Order Acceptance & Customer Responsibility

Customers must provide correct and complete details at checkout. Smilva GbR is not responsible for delays or costs caused by wrong information. If a parcel is returned due to wrong address, non-collection, or refusal, the customer pays re-shipping costs. We may refuse, cancel, or limit orders at our discretion (e.g., pricing errors, suspicious activity, repeated returns). Final contract depends on our acceptance.


9. Right of Withdrawal (Returns)

You may cancel your order within 14 days of receiving the goods without giving a reason. To do so, send a notice to smilva.official@gmail.com within this period. After cancellation, you must return the goods within 14 days. We will refund the purchase price (including standard shipping) within 14 days of receiving the goods or proof of return, using the original payment method. If the return is due to our mistake (defective or wrong item), we cover the return shipping; otherwise, the customer pays. Please note: sealed hygiene or personal-care products (e.g., toothbrushes, oral care tools) cannot be returned once opened.


10. Warranty

Customers have a 24-month legal warranty under German law. Defective goods may first be repaired or replaced; if this fails, a refund or price reduction may be requested. For the first 12 months, the seller must prove the defect did not exist; after that, the burden shifts to the customer. Warranty does not cover misuse, normal wear, or damage caused by the customer.

11. Limitation of Liability

Smilva GbR shall not be liable for indirect or consequential damages such as lost profits, loss of data, business interruptions, or emotional distress arising from delays, failed deliveries, or minor breaches of duty. Liability for damages caused by intent or gross negligence, as well as liability for injury to life, body, or health, remains unaffected by this limitation. Furthermore, liability under the German Product Liability Act (ProdHaftG) remains intact. To the extent permitted by law, our liability is limited to the foreseeable damage typical for this type of contract.


12. Use of Products & Prohibition of Resale

All products sold by Smilva GbR are intended strictly for private, personal use by consumers. Any commercial resale, distribution, or professional use without our prior written consent is prohibited. Customers who violate this provision may face cancellation of their orders, exclusion from future purchases, and, where appropriate, legal claims for damages.


13. Force Majeure

Smilva GbR is not responsible for delays or failures caused by circumstances beyond our control (such as natural disasters, pandemics, strikes, or customs issues). In such cases, obligations are paused and deadlines extended. If the situation lasts more than 60 days, either party may withdraw from the contract without claims for damages.

14. Intellectual Property Rights

All website content (texts, images, logos, designs, trademarks) is legally protected. Any reproduction, distribution, or public use requires prior written consent. Unauthorized use may result in legal action. Content may only be downloaded or printed for private, non-commercial use related to a purchase.

15. Communication

All legally relevant notices (e.g., returns, complaints, warranty claims) must be sent to smilva.official@gmail.com . Messages via social media, phone, or other channels are not binding and may not be processed. Please allow up to 10 days for a response — this does not count as a contract breach.

16.Payment Failures & Chargebacks

Unjustified payment reversals or chargebacks may result in administrative fees, bank costs, and legal expenses charged to the customer. Fraudulent or repeated chargebacks can lead to contract termination and legal action. Customers should always contact us first at smilva.official@gmail.com to resolve issues before requesting a chargeback

17. Severability Clause

Should any provision of these Terms be deemed invalid or unenforceable by a competent court or authority, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by one that comes closest in legal and economic intent to the original.


18. Dispute Resolution

The European Online Dispute Resolution (ODR) platform previously available at ec.europa.eu has been discontinued as of July 2025 under Regulation (EU) 2024/3228. Customers are therefore encouraged to contact us directly in case of complaints or disputes. In addition, they may turn to recognized national alternative dispute resolution (ADR) bodies within Germany or the EU for assistance. Smilva GbR is not obliged, nor generally willing, to participate in formal consumer arbitration proceedings.


19.Governing Law & Jurisdiction

All contracts are governed by German law, excluding the CISG. The place of jurisdiction is Cologne, Germany, if the customer has no general jurisdiction in Germany or moved abroad after the contract. Statutory consumer jurisdiction rights remain unaffected.

20. Language Priority

These Terms are provided in multiple languages for customer convenience. In the event of discrepancies, contradictions, or uncertainties of interpretation, the German-language version shall prevail as the sole legally binding text.