Terms of service

Introduction

Welcome to Avino! The terms “we”, “us”, and “our” refer to Tim Luca Konradt (sole proprietor), trading under the brand name “Avino”. Avino operates this online store and the associated website, including all information, content, features, tools, products, and services to provide you, the customer, with a carefully curated shopping experience (collectively referred to as “Services”).

This shop is powered by Shopify, which enables us to offer our Services to you.

The following Terms and Conditions (“Terms”) and any referenced policies govern your rights and obligations when using our Services.
Please read these Terms carefully, as they contain important legal information, particularly regarding warranty rights and limitations of liability.

By accessing, browsing, or interacting with our Services, you agree to these Terms and our Privacy Policy.
If you do not agree to these Terms or our Privacy Policy, you may not use our Services.

§1 – Access and Customer Account

By agreeing to these Terms, you confirm that you are at least 18 years old or have reached the legal age of majority in your country of residence and are legally able to enter into binding contracts.

To use the Services — including browsing our shop, viewing products, or making purchases — you may be required to provide personal details such as your email address, billing and shipping information, and payment details.
You confirm that the information you provide is accurate, current, and complete and that you are authorized to use such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
Transferring, selling, or licensing your account to third parties is strictly prohibited.

§2 – Our Products

We make every effort to provide accurate product descriptions and images. However, due to different screen settings and device configurations, slight variations in colors or textures may occur.

All product descriptions and specifications are subject to change without prior notice. Product availability may be limited and is not guaranteed.

Avino aroma diffusers are designed to be used with your own perfume. Scent intensity and duration may vary depending on the type and amount of perfume used.
Please follow the included product instructions for optimal use.

Statutory Warranty (EU Customers Only)

If you are a consumer residing in the European Union, you are entitled to a 2-year statutory warranty under applicable EU consumer protection laws.
This warranty covers defects that already existed at the time of delivery.
It does not cover normal wear and tear or damage caused by improper use, incorrect installation, or unauthorized modifications.

Voluntary Manufacturer’s Warranty

In addition to your statutory rights, we provide a 1-year voluntary manufacturer’s warranty on Avino aroma diffusers.
This warranty covers material and workmanship defects under normal, intended use.

If a defect covered by this warranty occurs within one year of purchase, we will, at our discretion, repair or replace the product.

To make a warranty claim, please contact us at Information.avino@gmail.com and provide your order number, proof of purchase, and a description of the defect.

This voluntary warranty does not affect your statutory rights under applicable EU consumer protection laws.

§3 – Orders

Your purchases are subject exclusively to our Right of Withdrawal and the statutory warranty described in §2.
Please review these provisions carefully.
Returns or warranty claims must be processed according to §2.

§4 – Returns

In the event of a withdrawal, we will provide a prepaid return label upon request.
The cost of this EU return label is €6.99 and will be deducted from your refund.

Alternatively, you may choose to arrange the return shipment at your own expense using a carrier of your choice.

Note for international customers:
The statutory right of withdrawal applies only to consumers residing within the European Union.
Customers outside the EU may not automatically be entitled to the same rights and must contact us directly to arrange returns.

§5 – Prices and Billing

All prices in our online shop are displayed inclusive or exclusive of VAT, depending on your delivery country, and are subject to change without prior notice.

For orders delivered outside the European Union, additional import duties, taxes, or fees may apply.
These costs are not included in our prices and must be paid by you.
We accept no responsibility for such charges.

§6 – Shipping and Delivery

Displayed delivery times are for reference only and are not guaranteed.
We are not liable for delays caused by shipping providers, customs processes, holidays, or circumstances beyond our control.

Ownership and risk of loss transfer to you once the products are handed over to the shipping carrier.
If you receive a damaged item, please contact us within 3 days of receipt and include clear photos of the damage.

§7 – Intellectual Property

All content provided through our Services — including brands, texts, images, videos, graphics, reviews, audio files, design, and layout — is the property of Avino or our partners and is protected by German and international copyright and trademark laws.

You may use our Services only for personal, non-commercial purposes.
Copying, distributing, modifying, publicly displaying, downloading, or otherwise exploiting our content is prohibited unless you have obtained prior written consent from us.

§8 – Third-Party Tools

We may provide access to third-party tools or functionalities over which we have no control.
Use of such tools is at your own risk and governed solely by the terms of the respective third-party provider.
We assume no liability for damages arising from your use of these tools.

§9 – Links to Third-Party Websites

Our Services may contain links to third-party websites or products.
We are not responsible for the content, privacy policies, or availability of these websites.
Your use of such sites is at your own risk, and their terms and policies will apply.

§10 – Relationship with Shopify

Our online shop is powered by Shopify.
However, all contracts of sale are concluded exclusively between you and Avino.
Shopify is not a party to the contract and assumes no responsibility for transactions, products, or damages arising from your interaction with our shop.

§11 – Data Protection

We process personal data in accordance with our Privacy Policy.
Some of your data may also be processed by Shopify to provide and optimize our Services.
Shopify’s privacy policy is available here: https://www.shopify.com/legal/privacy.

By using our Services, you consent to the processing of your data as described in these policies.
Please note that your data may also be transferred to recipients outside the EU.

§12 – User Reviews and Feedback

By submitting feedback, such as reviews, suggestions, or ideas, you grant us a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, publish, and adapt that feedback for purposes such as product improvements or marketing.

You confirm that you own all rights to your submitted content and that it does not infringe on third-party rights.
We reserve the right to remove or reject content that violates laws or our terms.

§13 – Errors and Corrections

Occasionally, there may be typographical errors, inaccuracies, or omissions regarding pricing, availability, or product descriptions.
We reserve the right to correct such errors at any time, including after an order has been placed, and to update or cancel affected orders if necessary.

§14 – Prohibited Uses

You agree not to use our Services for:

  • unlawful, fraudulent, or malicious purposes,

  • violating applicable laws or regulations,

  • infringing upon intellectual property rights,

  • harassing, threatening, or discriminating against others,

  • submitting false or misleading information,

  • uploading viruses or malicious code,

  • sending spam or unauthorized advertising,

  • impersonating other individuals or entities,

  • interfering with or disrupting our Services or networks.

We reserve the right to suspend or terminate your access if you violate these provisions.

§15 – Termination

We may terminate or suspend your access to the Services at any time without prior notice if you violate these Terms.

All provisions intended to survive termination — such as intellectual property rights, warranty disclaimers, and limitations of liability — will remain in effect.

§16 – Disclaimer

Unless expressly stated in our warranty or required by law, our Services and products are provided “as is” and “as available”, without any express or implied warranties.

EU Consumers:
This disclaimer does not affect your statutory rights under EU consumer protection laws.

§17 – Limitation of Liability

To the extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages, including lost profits, data, or business value arising from your use of our Services.

Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or other cases where liability cannot legally be excluded.

§18 – Indemnification

You agree to indemnify and hold harmless Avino, its affiliates, and service providers from any claims, damages, or expenses (including reasonable attorney fees) arising from:

  • your violation of these Terms,

  • your violation of applicable laws or third-party rights,

  • your use of our Services.

§19 – Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.

§20 – Entire Agreement

These Terms, together with our Privacy Policy and any referenced documents, constitute the entire agreement between you and Avino.

§21 – Assignment

You may not assign your rights or obligations under these Terms without our prior written consent.
We may assign our rights and obligations at any time without notice.

§22 – Governing Law & 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).

If you are an EU consumer, mandatory consumer protection laws of your country of residence remain unaffected.
For all disputes, the court at our registered business address shall have jurisdiction, unless you are an EU consumer — in which case you may also bring claims before the court of your residence.

§23 – Headings

Headings are for convenience only and have no legal or contractual effect.

§24 – Changes to These Terms

We reserve the right to update or modify these Terms at any time.
Significant changes will be announced via our website and, where possible, via email.

Continued use of our Services after such changes constitutes acceptance of the revised Terms.

§25 – Contact Information

Full Contact Details:

Questions regarding these Terms may be sent to: Information.avino@gmail.com


Tim Luca Konradt (trading under the brand “Avino”)
Schedener Weg 30
37127 Jühnde
Germany
VAT ID: DE454774917