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Terms of service

These Terms of Service are issued by Folie Imposée UG (haftungsbeschränkt), Mittenwalderstraße 44, 10961 Berlin, Germany, trading as Moth and Rabbit Perfumes (referred to as "we," "us," or "the Company"). They govern your use of our website and any purchase you make through it.

These Terms apply worldwide. Customers in the European Union and United Kingdom have additional statutory rights described below, which these Terms do not reduce; customers elsewhere retain whatever rights their own local law provides, in addition to what's described here.

Acceptance of These Terms

By placing an order on our website, you accept these Terms in full. If you do not agree with them, please do not use our website or place an order.

Who Can Order

Our website is intended for private, personal use. By placing an order, you confirm that you are acting on your own behalf, for personal use or as a gift, and not for resale or commercial purposes, and that you have the legal capacity to enter into a contract under the law of your country of residence.

We reserve the right to refuse or cancel any order that appears, in our reasonable judgment, to exceed ordinary personal/household quantities, to be intended for resale, or to be fraudulent or abnormal in nature.

Products

We make every reasonable effort to describe and depict our fragrances accurately. As natural materials are used in perfumery, minor variations in colour or scent between batches are normal and do not constitute a defect. Product availability is not guaranteed until your order is confirmed.

Prices and Payment

Prices are displayed in the currency shown at checkout and include VAT where applicable, unless stated otherwise. We reserve the right to correct any pricing error before an order is confirmed. Payment is processed through our payment providers at the time of order; see our Privacy Policy for how payment data is handled.

Order Process

Your order constitutes an offer to purchase. A contract is formed once we send you an order confirmation email. We reserve the right to decline any order prior to confirmation, including for the reasons described above.

Delivery

Delivery terms, timeframes, and costs are described in our Shipping Policy, available on our website.

Right of Withdrawal and Returns

Customers in the European Union and United Kingdom have a statutory right of withdrawal, and all customers worldwide are covered by our goodwill return policy. The full terms — including the hygiene/seal exception for opened perfumes, return shipping responsibility, and the withdrawal function on our website — are set out in our Returns, Withdrawal & Refund Policy, which forms part of these Terms.

Legal Warranty (Faulty or Non-Conforming Goods)

Independently of the right of withdrawal, you are entitled to a legal warranty against defects and non-conformity under the law applicable to you — for EU customers, under Directive (EU) 2019/771; for UK customers, under the Consumer Rights Act 2015; for customers elsewhere, under your own local law. This is described further in our Returns, Withdrawal & Refund Policy and cannot be excluded by these Terms.

Intellectual Property

All content on our website — including text, images, the MAR Diary, product names, and branding — is the property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or use this content for commercial purposes without our prior written consent.

Limitation of Liability

We are liable without limitation for damages caused by intent or gross negligence, for liability under mandatory product liability law, and for death, personal injury, or damage to health caused by our negligence.

For damages caused by simple negligence in the breach of a cardinal obligation — an obligation essential to the proper performance of the contract and on whose fulfilment you may reasonably rely — our liability is limited to the foreseeable damage typical for this type of contract.

For damages caused by simple negligence in the breach of any other obligation, our liability is excluded.

Nothing in this section limits any statutory right you have as a consumer that cannot be excluded by agreement.

Force Majeure

We are not liable for any delay or failure to perform our obligations caused by circumstances beyond our reasonable control, including but not limited to natural disasters, transport disruptions, or government action.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be replaced by one that most closely reflects its original intent.

Governing Law and Jurisdiction

These Terms are governed by German law. If you are a consumer, this does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence, where that law provides a higher level of consumer protection.

If you are a consumer resident in the EU or UK, you may bring proceedings against us either in the courts of Germany or in the courts of your own country of residence; we may only bring proceedings against you in the courts of your country of residence.

Alternative Dispute Resolution

The European Union's Online Dispute Resolution platform was discontinued in 2025 and is no longer in operation; no reference or link to it applies.

In accordance with Section 36 of the German Consumer Dispute Resolution Act (VSBG): as a business with fewer than ten employees, we are not legally obliged to participate in proceedings before a consumer arbitration board, and we do not currently do so voluntarily.

Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, products, or legal requirements. The version in effect at the time you place an order applies to that order.

Contact

Folie Imposée UG (haftungsbeschränkt), trading as Moth and Rabbit Perfumes
MittenwalderstraĂźe 44, 10961 Berlin, Germany
info@moth-rabbit.com