Terms of service
legal@avolie.de
Responsible contact:
GF-Ges. Damian Jordan
Terms and Conditions
These terms and conditions govern access to our website and the purchase of our products. By accessing our website and using our services, you agree to these terms. If you do not agree to any part of these terms, we ask that you refrain from using our website.
1. Use of the Website
1.1. By placing an order, you confirm that you are at least 18 years old. Persons aged 16 and above may place orders provided that the consent of their legal guardians has been obtained or that the order is fully paid with their own funds.
1.2. You are responsible for ensuring that the information you provide is accurate, complete, and up-to-date.
1.3. You may not use our website for illegal or unauthorized purposes, including but not limited to fraudulent activities or violation of copyrights or other applicable laws.
2. Products and Orders
2.1. All products displayed on our website are subject to availability. We reserve the right to modify or remove products at any time.
2.2. By placing an order, you agree to pay the specified price for the products, including taxes and shipping costs.
2.3. We reserve the right to reject or cancel orders for reasons such as product availability, pricing errors, or suspicion of fraudulent or illegal activities.
3. Returns, Refunds, and Exchanges
3.1. In the case of a defective product, we require photos of the damaged product as well as the order number.
3.2. Cancellations are only possible if you contact us immediately after placing the order. Return shipping costs for non-defective products are borne by the customer, unless otherwise agreed.
3.3. For more information about returns and refunds, please refer to our Right of Withdrawal.
4. Payment
4.1. Payments must be made using the payment methods specified on our website.
4.2. By providing your payment information, you authorize us to charge the full amount of the order.
4.3. An order in our online store constitutes a binding offer to conclude a purchase contract. Acceptance by us occurs only upon the dispatch of an order confirmation or the goods. Until that time, we reserve the right to reject orders without providing reasons.
4.4. If a chargeback occurs without a valid reason (e.g., unjustified cancellation with the bank or credit card), we reserve the following actions:
- Bank fees incurred and a processing fee of 50 EUR will be charged to the customer.
- The affected customer account will be permanently blocked, and future orders will no longer be accepted.
- In cases of intentional fraud or abusive chargebacks, we reserve the right to take legal action according to § 823 of the German Civil Code (damages) and § 263 of the German Penal Code (fraud).
5. Shipping and Delivery
5.1. Our partners are responsible for the production and shipping of the products. The average delivery time is 3-7 business days.
5.2. If an order is lost or delayed, we will work to resolve the issue.
5.3. The risk of loss or damage to the products passes to the customer upon delivery to the specified address, unless the loss or damage is due to our fault or that of the shipping partner.
6. Data Protection
6.1. We protect your personal data according to our Privacy Policy.
6.2. Your payment data is securely encrypted and used only for processing the transaction.
7. Intellectual Property
7.1. All content on our website is protected by copyrights and other intellectual property rights.
7.2. You may not use any content from our website without our written permission.
8. Limitation of Liability
8.1. We are not liable for indirect or incidental damages related to the use of our website or products.
8.2. Since we source the products through an external partner, we are not liable for the quality, defects, or delayed delivery of the products. Our liability is limited to the sale of the products. Any damages caused by intentional misconduct or gross negligence on our part will be covered according to legal provisions. For damages caused by the supplier, the supplier is solely responsible.
8.3. We are also liable for damages resulting from injury to life, body, or health, even in cases of simple negligence. However, this applies only to the extent that we are responsible for the damage.
8.4. We are only liable for breaches of essential contractual obligations, but this is limited to typical, foreseeable damages. Liability for consequential or unforeseeable damages is excluded, unless these result from intentional or grossly negligent behavior on our part.
9. Choice of Law
9.1. These terms are governed by German law. For consumers outside of Germany, the applicable consumer protection laws of their country apply.
9.2. For merchants, legal entities under public law, or special public funds, the exclusive place of jurisdiction is our place of business.
9.3. For consumers, the statutory place of jurisdiction is the customer's place of residence.
10. Review Function Rules
10.1. Reviews must be written in a respectful and appropriate manner.
10.2. Reviews are accepted exclusively in German or English.
10.3. Only customers who have purchased the product are permitted to submit a review. Submission is possible via the customer account or in response to the automated review request email sent after purchase.
10.4 All reviews are subject to moderation and approval prior to publication. We reserve the right to reject, edit, or remove any review that violates these rules or contains offensive, defamatory, misleading, or irrelevant content. This is done in accordance with our duty of care under Article 14(1) of the EU Digital Services Act (DSA) and § 7(2) of the German Telemedia Act (TMG), which obligate us to remove or disable access to unlawful content once we become aware of it.
11. Extras
11.1.a. The optional service “Postal Invoice” constitutes a paid additional service covering the administrative effort required for the review, processing, preparation, and postal handling of the invoice. The amount of the service fee depends on the delivery country. The delivery address provided during the ordering process shall be decisive.
11.1.b. If, after completion of the order, it becomes apparent that the information provided regarding the delivery address is incorrect or inconsistent, we reserve the right to refrain from sending the invoice by post.
In such a case, the service fee shall remain payable as compensation for the administrative effort incurred.
Any statutory rights of the customer shall remain unaffected.
11.2. Any information, processing, or services exceeding the contractually owed performance (e.g. special evaluations, investigations, document creation, or other individual additional requests) that are provided at the customer’s request do not form part of the regular contractual performance.
11.3. If such services are performed following an explicit agreement with the customer, we are entitled to charge a reasonable fee. The amount will be based on the actual effort incurred and will be communicated to the customer before execution.
12. Reminders and Payment Default
12.1. The invoice amount is due immediately upon conclusion of the purchase agreement. Since orders are only processed and dispatched after full payment has been received, default in payment will generally not occur.
12.2. In exceptional cases - for example due to individual arrangements or technical disruptions – if payment is still outstanding, the reminder procedure is carried out as follows:
First Reminder (Payment Reminder):
This will be sent seven calendar days after the purchase has been concluded, provided that no payment has been received by that time. It serves purely as a friendly reminder and does not incur any additional fees.
Second Reminder:
This will be sent no earlier than seven calendar days after the first reminder. For the second reminder, we charge a flat reminder fee of five euros (€5). This fee covers the typical administrative and material costs such as postage, stationery, and processing.
Third Reminder:
This will be sent no earlier than seven calendar days after the second reminder. For the third reminder, we charge a flat reminder fee of ten euros (€10). This fee also serves to offset the additional administrative and processing costs incurred.
12.3. From the moment of default in payment, we are entitled pursuant to Section 288 of the German Civil Code to claim default interest at a rate of five percentage points (5%) above the applicable base interest rate of the European Central Bank.
12.4. Irrespective of the reminder fees stated above, we reserve the right to assert further damages caused by delay, provided these can be specifically demonstrated. This particularly includes additional expenses such as the cost of registered mail, the fees of a debt collection agency, lawyer’s fees, or court costs. All such additional costs shall be borne in full by the defaulting customer.
12.5. If the outstanding amount is not settled in full even after expiry of the payment deadline set in the third reminder, we reserve the right to transfer the matter without further notice to a debt collection agency or lawyer in order to enforce the claim through legal proceedings.
13. Circumvention of Technical Restrictions
13.1. To protect our systems and prevent misuse, we reserve the right to temporarily or permanently block certain customer accounts, IP addresses, or order attempts. This may occur particularly in cases of repeated misconduct, suspected fraud, or technical security risks.
13.2. The intentional circumvention of such restrictions (e.g. by using alternative email addresses, VPN services, guest checkouts, or false identities) is strictly prohibited.
13.3. If such circumvention is demonstrably identified, we reserve the right to take the following actions:
- Suspension of all related customer accounts, including future accounts if a personal connection can be established.
- Cancellation of all affected orders, including retroactively.
- Imposition of a flat administrative processing fee of €100 to cover internal expenses.
- Initiation of legal proceedings in the event of substantiated suspicion of deliberate manipulation, particularly under Section 263a of the German Criminal Code (Computer Fraud) and Section 280 of the German Civil Code (Breach of Contractual Duties).
13.4. The processing fee shall only apply if there is clear evidence of an intentional technical or personal attempt to bypass our restrictions. In justified cases of suspicion, we reserve the right to involve external IT forensics or legal consultation. Should the suspicion be confirmed, we reserve the right to claim compensation for the verifiable costs incurred on a case-by-case basis, provided that the customer is responsible for causing the additional effort.
13.5. Any attempt to bypass the technical safeguards of our system may be considered a serious breach of contract and result in a permanent ban from using our shop.
14. Gift Cards
14.1. All vouchers offered by Avolie are value-based gift cards with a fixed monetary amount.
14.2. Value-based gift cards may be redeemed exclusively in the online shop at www.avolie.de and may only be applied to the purchase price of products. Application to shipping costs or any other fees is excluded.
14.3. Value-based gift cards are valid for a period of two (2) years from the date of purchase. After expiry, any remaining balance shall lapse without compensation unless otherwise individually agreed.
14.4. Gift cards may be redeemed in full or in part. Any unused balance remains available until the end of the validity period.
14.5. Value-based gift cards may be combined with promotional discounts or other price reductions. Cash payment, payout, or reimbursement of the gift card value or any remaining balance is excluded.
14.6. Digital gift card codes are treated like cash. Avolie assumes no liability for loss, theft, or unauthorized use. Replacement or reimbursement is excluded. Value-based gift cards are freely transferable. Promotional or discount vouchers that differ from value-based gift cards may be subject to separate conditions, which are specified with the respective voucher.
15. Storage of Contract Text
15.1. We store the contract text. After the contract has been concluded, we will send you the order details and our Terms and Conditions by email.
15.2. Past orders can be viewed in your customer account, provided you have created one.
16. Dispute Resolution
16.1 The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Our email address can be found in the legal notice. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
17. Language of the Contract
17.1 The German version of these Terms and Conditions shall be solely binding for all legal transactions. Translations are provided for informational purposes only and are not legally binding.
18. Information on Skin Compatibility and Patch Testing
18.1. Our products are formulated with carefully selected ingredients of natural origin and are dermatologically tested for skin compatibility. Nevertheless, individual skin reactions may still occur, particularly in individuals with sensitive or allergy-prone skin.
18.2. We strongly advise conducting a patch test prior to initial use, especially if you have sensitive skin, pre-existing dermatological conditions, or known allergies (e.g. to fragrances, essential oils, or preservatives).
Recommended procedure for a patch test:
Apply a small amount of the product to a discreet area of skin (such as the inside of the forearm or behind the ear). Leave the product on the skin for 24 hours without washing the area. If no irritation such as redness, itching, or burning occurs within this period, the product may generally be used without concern.
18.3. In the event of any adverse skin reaction, discontinue use immediately and seek medical advice if necessary. We accept no liability for individual intolerance or allergic reactions unless caused by gross negligence or a proven product defect on our part.
19. Changes to Terms
19.1. We reserve the right to change these terms at any time. Changes will be posted on this page and take effect upon publication. We recommend that you review this page regularly to stay informed about any changes.
20. Severability Clause
20.1. If any provision of these terms and conditions is invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by the statutory regulation. If such a regulation is not available or would lead to unreasonable results, the parties shall reach an agreement that comes closest to the original economic purpose.