Terms of service

Terms and Conditions (AGB) of New Niche GmbH

(English Translation – for Convenience Only)

Note:

This English version of the Terms and Conditions is provided for convenience and ease of understanding.

In case of any discrepancies or conflicts between this translation and the original German version, the German version shall prevail and is legally binding.

1. Scope

These Terms and Conditions govern all purchases made by consumers through the online shop operated by New Niche GmbH at www.newniche.com.

For the purposes of these Terms, a consumer (“Verbraucher”) means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§13 BGB).

Sales via the website are made exclusively to end consumers (B2C). The resale of goods purchased from us is strictly prohibited without our express written consent. We reserve the right to refuse or cancel orders if there is reason to suspect that the goods are being purchased for commercial resale, or if the quantities ordered exceed what would typically be considered reasonable for private use.

2. Supplier / Contracting Party

The contracting party for all online purchases is:

New Niche GmbH

Wilhelmshöher Straße 2

12161 Berlin

Germany

Commercial Register: HRB 275673 B, Local Court of Berlin-Charlottenburg

Managing Director: Sebastian Graf

Email: info@newniche.com

(Please do not send returns to this email address; see section on withdrawal and returns below.)

3. Conclusion of Contract

The product presentations in our online shop are non-binding invitations to place an order and do not constitute a legally binding offer.

You may place our products in the virtual shopping cart without commitment and correct your entries at any time before submitting your order by using the correction tools provided during the order process.

By clicking the button “Buy Now” or “Place Order”, you submit a binding offer to purchase the goods in your cart.

Immediately after placing your order, you will receive an automatic confirmation email acknowledging receipt of your order. This confirmation does not constitute acceptance of your offer. The purchase contract becomes legally binding only when we explicitly accept your order by sending a separate order confirmation email or upon dispatch of the goods.

Pre-Orders and Limited Drops:

From time to time, we offer certain products as pre-orders or limited edition “drops.” For pre-orders, delivery will occur only once the item becomes available; the estimated shipping date will be displayed on the product page. Payment is taken upon order placement, even if delivery occurs later. Should any delays or unavailability arise, we will inform you promptly.

For limited releases, we may impose purchase limits per customer to ensure fair access. Orders placed via automated means (e.g., bots) or that appear to involve abuse (e.g., scalping) may be refused or cancelled.

4. Prices, VAT and Payment

All prices shown on our website are total prices in Euro (EUR) and include the applicable value added tax (VAT) of the destination country.

New Niche GmbH participates in the EU One-Stop-Shop (OSS) scheme. This means that for cross-border EU sales, the applicable VAT rate of the customer’s country of delivery is automatically applied and displayed.

Payments may be made by:

• Credit Card (Visa, MasterCard, American Express – via Shopify Payments)

• PayPal

• Klarna (e.g., invoice or instant transfer, where available)

Your card or PayPal account will generally be charged upon completion of the order.

For Klarna invoice payments, separate terms and payment deadlines from Klarna apply.

Set-off rights exist only for claims that are legally established, uncontested, or acknowledged by us.

5. Delivery, Shipping and Transfer of Risk

Delivery Area

We currently deliver to addresses within the European Union (EU) only. Shipping outside the EU is not available at this time. Any delivery restrictions (for example, due to hazardous goods regulations for perfumes) will be indicated on the product page or at checkout.

Shipping Methods and Costs

We ship primarily via DHL or equivalent carriers.

Shipping costs vary depending on product category and destination and are displayed during checkout.

• Free Shipping: Orders totalling €150 or more (including VAT) qualify for free shipping within Germany and the EU, provided they include full-size bottles.

• Germany: Orders below €150 are subject to a flat-rate shipping fee.

• EU (outside Germany): Orders below €150 incur a higher flat-rate fee (displayed at checkout).

• Samples: Orders consisting only of samples always incur a shipping fee. Customers may choose between standard letter shipping (uninsured, no tracking) and tracked parcel shipping (insured). Prices for both options are shown during checkout.

Delivery Times

Unless otherwise stated, goods in stock are shipped within 3 business days after receipt of payment. Delivery within Germany usually takes 1–3 business days, and within the EU 3–7 business days. For pre-orders, delivery timelines follow the product information.

Partial deliveries are permitted if reasonable; no additional shipping costs will be charged for them.

Transfer of Risk

For consumers, the risk of accidental loss or deterioration of the goods passes only upon handover to the customer or a designated recipient. This applies regardless of whether insured or uninsured shipping was selected.

For non-consumer customers (if applicable), the risk passes to the buyer upon delivery to the carrier (§447 BGB).

Transport Damage

Please check delivered packages upon receipt. If visible damage is found, report it immediately to the delivery agent and notify us. This will help us handle claims more efficiently. Your statutory warranty rights remain unaffected.

6. Retention of Title

The goods remain our property until full payment has been received. Prior to transfer of ownership, pledging, assignment as security, processing, or transformation without our consent is prohibited.

7. Warranty

Statutory warranty rights apply. Consumers are entitled to repair or replacement of defective goods and, if those remedies fail, to a price reduction or contract rescission as provided by law.

The warranty period for new goods is two years from receipt. Any manufacturer warranties or guarantees will be explicitly indicated on the product page where applicable.

8. Liability

We are liable for intent and gross negligence, as well as for damages arising from injury to life, body, or health, without limitation.

In cases of simple negligence, we are liable only for breaches of essential contractual obligations (cardinal obligations). In such cases, our liability is limited to the foreseeable, typical damage at the time of contract conclusion.

The above limitations do not affect claims arising from fraudulent concealment of defects, assumption of a guarantee, or under the Product Liability Act (ProdHaftG). The same applies to our employees, representatives, and agents.

9. Customer Reviews and User-Generated Content

Customers may submit reviews, images, or other content related to our products.

By submitting such content, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, and display such content on our website and official social media channels in connection with our products.

You warrant that you own the rights to the submitted content and that no third-party rights (including trademarks, copyrights, or personality rights) are infringed.

We reserve the right to remove or refuse to publish content that violates laws, these Terms, or our brand guidelines, including inappropriate or misleading representations of our products.

There is no obligation to publish any customer-submitted content.

10. Prohibition of Resale / Purchase for Personal Use Only

Our products are sold solely for personal use. Any commercial resale or distribution without prior written consent is prohibited.

We reserve the right to cancel or block orders or customer accounts if we suspect abuse, bulk purchases, or automated ordering.

11. Vouchers, Sample Credits and Discount Codes

Promotional vouchers or discount codes may be redeemed under the conditions stated during each promotion.

Only one code per order may be used. Vouchers are non-transferable and cannot be redeemed for cash.

Sample Credit:

When you purchase a sample (trial size), you will receive a voucher equal to the purchase price of that sample (excluding shipping), redeemable towards the purchase of a full-size bottle.

• The voucher code will be provided with your sample or via email.

• Validity: 12 months from issue.

• The voucher can only be redeemed by the same customer and cannot be combined with other discounts.

• No cash payout or credit for unused balances.

12. Applicable Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Mandatory consumer protection provisions of the country where you reside remain unaffected.

If you are a consumer residing in the EU, you may bring claims either in Germany or in your home country. For business customers, the exclusive place of jurisdiction is Berlin, Germany.

13. Changes to the Terms and Conditions

We reserve the right to modify these Terms for the future, provided there is a valid reason (e.g., changes in law, jurisprudence, or market conditions).

Significant amendments that materially affect the contractual balance will not be made without your consent.

Revised Terms apply only to future orders; existing contracts remain subject to the version valid at the time of purchase.

14. Final Provisions

Should any provision of these Terms be or become invalid, the remaining provisions shall remain unaffected.

In such cases, the statutory provision shall apply.

Version: October 2025

Company: New Niche GmbH

Website: www.newniche.com