Terms & Conditions
ARKAIA – Sebastian Schmuck
Version: 31 July 2026
1. Scope
(1) These Terms & Conditions (“Terms”) apply to all contracts for the purchase of goods and gift cards concluded between the provider and the customer via the website www.arkaia-experience.com.
(2) The version of these Terms in force at the time the contract is concluded shall apply.
(3) The customer’s own differing terms are hereby rejected. They become part of the contract only if the provider has expressly agreed to their application in text form.
(4) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code). A trader is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of their trade, business or profession (Section 14 German Civil Code).
2. Contract partner
The contract is concluded with:
Sebastian Schmuck
Gerolfinger Strasse 78a
85049 Ingolstadt
Germany
Email: info@arkaia-experience.com
VAT identification number: DE368474787
“ARKAIA” is the brand under which the products are offered.
3. Offer and conclusion of contract
(1) The presentation of products on the website does not constitute a legally binding offer, but a non-binding invitation to place an order.
(2) The customer may add products to the shopping cart and correct their entries at any time before submitting the order. Before submission, all order details are shown in a summary; input errors can be identified and corrected there using the usual keyboard and mouse functions as well as the browser’s back function.
(3) By clicking the “Buy now” or “Order with obligation to pay” button, the customer submits a binding offer to conclude a purchase contract for the products in the shopping cart.
(4) The provider confirms receipt of the order without undue delay by email. This acknowledgement of receipt does not yet constitute acceptance of the offer unless acceptance is declared in it at the same time.
(5) The contract is concluded once the provider accepts the order by way of a separate order confirmation or dispatches the goods. Where payment is made via a payment service provider with immediate debiting, the contract is concluded upon execution of the payment.
4. Contract language and storage of the contract text
(1) German and English are available for concluding the contract.
(2) The provider stores the contract text and sends the customer the order details together with these Terms in text form by email. The customer may view, print and save these Terms on the website at any time.
5. Subject matter of the contract
(1) The provider offers handcrafted natural products, in particular balms, soaps and incense, as well as gift cards for redemption in the online shop.
(2) The balms and soaps offered are cosmetic products within the meaning of Regulation (EC) No 1223/2009. No therapeutic, medical or healing services are provided. Further information is set out in section 16.
(3) Product descriptions, availability and prices may change at any time. The information stated at the time of the order shall be decisive.
(4) The products are made by hand in small batches from wild-harvested plants. Composition and availability may therefore vary depending on the season.
6. Prices, shipping costs and VAT
(1) All prices are stated in euros (EUR) and are final prices including statutory value added tax, where applicable.
(2) For deliveries within the European Union, VAT may be charged in accordance with the applicable EU rules depending on the place of destination.
(3) Shipping costs are charged in addition to the product prices. Their amount is stated separately on the relevant product page and, at the latest, during the order process before the order is submitted.
(4) For deliveries to countries outside the European Union, additional customs duties, import charges and taxes may apply, which are to be borne by the customer. These are not paid to the provider but to the competent customs or tax authorities.
(5) No shipping costs apply to gift cards delivered by email.
7. Payment terms
(1) The payment methods offered during the order process are available. Payments are processed via Wix Payments, Stripe or PayPal.
(2) The purchase price is due for payment immediately and without deduction upon conclusion of the contract, unless otherwise agreed.
(3) The terms and privacy notices of the respective payment service provider apply in addition to the processing of payments.
(4) If the customer is in default of payment, the provider is entitled to charge default interest at the statutory rate. The right to claim further damages caused by default is reserved.
8. Delivery
(1) Delivery is made to the delivery address specified by the customer. Delivery areas, processing times and delivery times are set out on the product page and in the shipping information.
(2) Unless stated otherwise, delivery takes place within the period stated on the product page, calculated from conclusion of the contract or — in the case of advance payment — from the day after the payment order is issued to the transferring bank.
(3) Gift cards are sent by email to the address provided by the customer without undue delay after payment has been received in full.
(4) If an ordered product is unavailable, the provider will inform the customer without undue delay. Any payments already made will be refunded without undue delay in this case.
(5) If delivery is delayed for reasons beyond the provider’s control (for example force majeure, delays on the part of transport service providers or in customs clearance), the provider will inform the customer without undue delay. The customer’s statutory rights remain unaffected.
(6) In contracts with consumers, the risk of accidental loss and accidental deterioration of the goods passes to the consumer only upon handover. In contracts with traders, the risk passes upon handover to the transport service provider.
9. Retention of title
(1) Delivered goods remain the property of the provider until payment has been made in full.
(2) In relation to traders, the provider retains title until all claims arising from the ongoing business relationship have been settled in full.
10. Right of withdrawal for consumers
Consumers have a statutory right of withdrawal in accordance with the following withdrawal instructions.
Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
— on which you, or a third party other than the carrier indicated by you, acquires physical possession of the goods;
— in the case of a contract for several goods ordered in a single order and delivered separately: on which you, or a third party other than the carrier indicated by you, acquires physical possession of the last item;
— in the case of gift cards delivered by email: of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
Sebastian Schmuck, Gerolfinger Strasse 78a, 85049 Ingolstadt, Germany, email: info@arkaia-experience.com
of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
— End of withdrawal instructions —
11. Model withdrawal form
(If you wish to withdraw from the contract, please complete and return this form.)
To: Sebastian Schmuck, Gerolfinger Strasse 78a, 85049 Ingolstadt, Germany, email: info@arkaia-experience.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
12. Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery (Section 312g(2) no. 3 German Civil Code). This concerns in particular balms and soaps, provided they are delivered sealed and the seal has been opened. As long as the seal is intact, the right of withdrawal applies without restriction.
(2) The right of withdrawal also does not apply to contracts for the supply of goods which, after delivery, are inseparably mixed with other items by virtue of their nature (Section 312g(2) no. 4 German Civil Code).
(3) The right of withdrawal for gift cards expires as soon as the gift card has been redeemed.
13. Gift cards
(1) Gift cards can be redeemed exclusively for the provider’s range of products in the online shop.
(2) Gift cards are transferable. Cash payment of the gift card value or of any remaining balance is excluded. No interest is paid.
(3) If the gift card value exceeds the order value, the remaining balance is retained for further redemption. If the order value exceeds the gift card value, the difference must be settled using one of the payment methods offered.
(4) Claims arising from a gift card become time-barred in accordance with statutory provisions after three years, calculated from the end of the year in which the gift card was purchased (Sections 195, 199 German Civil Code).
(5) No replacement is provided in the event of loss, theft or unauthorised use of a gift card code, unless the provider is responsible for the loss.
14. Liability for defects (warranty)
(1) The statutory rules on liability for defects under Sections 434 et seq. German Civil Code apply.
(2) In relation to consumers, the limitation period for claims based on defects in new goods is two years from delivery of the goods.
(3) In relation to traders, the limitation period for claims based on defects is one year from delivery of the goods. The statutory duties of inspection and notification under Section 377 German Commercial Code remain unaffected.
(4) The above reductions of the limitation period do not apply to claims for damages arising from injury to life, body or health, to other damages based on intentional or grossly negligent breach of duty, in cases of fraudulent concealment of a defect, or where a guarantee has been given.
(5) Our products are made by hand in small batches. Minor variations in colour, scent, consistency, shape or weight are inherent to the materials and production method and do not constitute a defect, provided they do not impair fitness for use.
(6) The durability dates stated on the packaging must be observed. There is no defect if the product changes after the stated durability has expired or as a result of improper storage by the customer.
(7) The provider does not give any guarantee in the legal sense unless expressly agreed otherwise.
15. Liability
(1) The provider is liable without limitation for intent and gross negligence as well as under the provisions of the German Product Liability Act.
(2) In the case of a slightly negligent breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential to the proper performance of the contract and on the observance of which the customer may regularly rely, liability is limited to the damage foreseeable at the time the contract was concluded and typical for this type of contract.
(3) In all other respects, liability for slight negligence is excluded.
(4) Liability for damages arising from injury to life, body or health and in cases where a guarantee has been given remains unaffected by the above limitations.
(5) The above limitations of liability also apply for the benefit of the provider’s legal representatives and vicarious agents.
16. Information about our products
(1) The balms and soaps offered are cosmetic products within the meaning of Regulation (EC) No 1223/2009 and are intended exclusively for external use. They are not medicinal products and are not intended to treat, alleviate or prevent any disease. The provider does not provide any therapeutic, medical or healing services and does not make any healing claims.
(2) Incense is intended exclusively for scenting rooms. When burning, ensure adequate ventilation and use a fireproof base; burning incense must not be left unattended.
(3) The products contain natural plant-based ingredients which may cause allergic reactions in individual cases. Customers are asked to read the list of ingredients before use and, if in doubt, to first test the product on a small area of skin. In the case of known allergies or intolerances, and during pregnancy and breastfeeding, medical advice should be sought before use.
(4) Products must be kept out of the reach of children, kept away from the eyes and are not intended for consumption. Discontinue use if skin irritation occurs.
(5) Statements about effect and application relate exclusively to the feel and appearance of the skin.
17. Copyright and website content
(1) All content on the website — in particular texts, images, video and audio recordings, graphics and designs — is protected by copyright and remains the property of Sebastian Schmuck / ARKAIA.
(2) Reproduction, distribution, communication to the public or any other exploitation of this content is not permitted without the provider’s prior written consent, insofar as it goes beyond legally permitted private use.
(3) The “ARKAIA” brand as well as logos and product names may not be used without prior written consent.
18. Set-off and right of retention
(1) The customer may only set off against counterclaims that are undisputed or have been established by a final court decision.
(2) The customer has a right of retention only to the extent that it is based on claims arising from the same contractual relationship.
19. Consumer dispute resolution
(1) The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
(2) The Online Dispute Resolution platform operated by the European Commission was discontinued on 20 July 2025 and is no longer available.
20. Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a consumer with habitual residence in the European Union, the mandatory consumer protection provisions of the country of their habitual residence remain unaffected by this choice of law.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Ingolstadt, Germany.
21. Final provisions
(1) Amendments or additions to this contract must be made in text form. This also applies to any waiver of this text form requirement.
(2) Should individual provisions of these Terms be or become wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision.
22. Contact
Sebastian Schmuck
Gerolfinger Strasse 78a
85049 Ingolstadt
Germany
Email: info@arkaia-experience.com