General Terms and conditions in the context of sales contracts concluded via the platform
between
Christina Berger, Rumersham 9a in 83119 Obing, (+49) 08624-891379, registered in the commercial register of the district court of Traunstein under HRA 11446, VAT identification no.: DE 179 152 860
- hereinafter referred to as "Provider" –
and
the customers referred to in no.1 of the contract
- hereinafter referred to as "Customer" –
1. General, Customers, Language
(1) All offers, sales contracts and deliveries made on the basis of orders by our Customers through the Providers Online Shop www.hairtex.de shall be governed by these general terms and conditions of sale in the version valid at the time of the order.
(2) The product offerings in the Online Shop are directed to both Consumers and Business Customers. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not the Provider expressly objects to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Conclusion of Contract
(1) The offers of the Provider in the Online Shop are non-binding.
(2) The Customer can select products from the Provider's range of goods and collect them in a so-called shopping basket by clicking on the button "ADD TO BASKET". By clicking the button "ORDER PAYMENT" the Customer submits a binding offer to purchase the goods in the shopping cart. However, the offer can only be submitted and transmitted if the Customer has accepted these contractual terms and conditions by clicking on the button "I have read and agree with the General Terms and Conditions" and thereby included them in his offer. The Provider can accept the offer until the end of the third working day following the day of the offer.
(3) Without undue delay upon receipt of the order, the Provider will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. In the confirmation of receipt, the Customer's order is listed again and can be printed by the Customer using the "Print" function. The automatic confirmation of receipt only documents that the order of the Customer has been received by the Provider and does not constitute an acceptance of the offer. The contract is only concluded when the Provider submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) is sent to the Customer by the Provider on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection.
(4) Any Customer, who is a Consumer, shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website during the ordering process.
3. Prices and Shipping costs
(1) All prices quoted on the website of the provider include the valid legal sales tax, but not shipping costs. The Customer shall bear customs duties and similar charges.
(2) The corresponding shipping costs are indicated to the Customer in the order form. The Customer shall bear the shipping cost, unless the Customer exercises his right of revocation.
(3) The goods are dispatched by post.
(4) In the event of a revocation, the customer shall bear the costs of the return shipment in the amount of € 8.90, provided that the goods are capable of being sent by parcel post. The return of hairtex caps is free of charge.
(5) The Customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
4. Terms of payment
(1) The Customer may pay by PayPal or by the credit card accepted by the Provider at the time of conclusion of the contract. The Customer can also make payment in advance.
(2) The Customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer as a consumer shall pay the Provider default interest for the year at a rate of five percentage points above the respective base rate. If the Customer is an entrepreneur, he shall pay the Provider default interest for the year at a rate of nine percentage points above the respective base rate.
(4) The Customer's obligation to pay interest on arrears does not preclude the Provider from asserting further damages caused by default.
5. Date of Dispatch of the Product, Sell off
(1) Any period for the dispatch of the product, specified by the Provider at the time of the order or as otherwise mutually agreed upon, shall begin (a) upon receipt by the Provider of the full purchase price (including VAT and shipping costs) if payment in advance has been agreed (b) upon conclusion of the sales contract if cash on delivery or payment after delivery has been agreed upon. The date of dispatch shall be such day on which the product is handed over by the Provider to the carrier.
(2) Any time period for the dispatch of the product specified by the Provider shall only be approximate and may therefore be exceeded by up to two business days, except if a fixed date of dispatch has been agreed upon. Unless a time period or date of dispatch has been specified or agreed upon, the Provider shall be required to dispatch the product within a period of five business days.
(3) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case a contract is not concluded.
(4) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately in the order confirmation.
(5) Regardless of whether any product is indicated on the order form as „in stock“, the Provider may sell such product at any time, provided that an agreed advance payment is not received by the Provider within a period of five business days upon our acceptance of the order. In such case, the Provider shall only be obligated to dispatch the product within the relevant time period (as agreed upon or specified by the Provider) as long as stock lasts; otherwise, a three-week period shall apply.
(6) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as „not in stock“ or has been sold off in accordance with subsection 3 above, any applicable period for dispatch shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period exceeding three weeks; provided, in each case, that
- our supplier's failure to timely supply the products is not a result of our fault or negligence and
- the Provider has ordered the relevant product from the supplier prior to conclusion of the sales contract (or, in case of subsection 3, the time of the sell-off) in such a timely manner that under normal circumstances a timely delivery could reasonably be expected.
6. Shipping Method and duration, Transfer of Risk
(1) Unless expressly otherwise agreed upon, the Provider shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) The Provider shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit time (i. e. the time between the delivery by the Provider to the carrier and the delivery to the Customer) specified by the Provider shall therefore only be non-binding.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, if the Provider’s obligation is limited to the dispatch of the product, such risk shall pass to the Customer upon delivery of the product by the Provider to the carrier.
7. Retention of Title and Resale, Assignment
(1) The Provider retains legal title to any product supplied by the Provider until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to transfer title to any products delivered by the Provider which are under retention of title (“Retained Goods“), except with prior written consent of the Provider. The Customer may, however, dispose of its legal position (so called expectant) right in relation to the Retained Goods, provided that the third party is made aware of our title rights.
(3) The Customer shall treat the Retained Goods with due care.
(4) In the event of access by third parties - especially judicial officers - to the goods subject to retention of title, the Customer shall draw attention to the Provider's ownership and notify the Provider immediately so that the Provider can enforce his ownership rights.
(5) In case of a payment default by the Customer, the Provider may require the Customer to surrender the Retained Goods to the Provider, as soon as the Provider has terminated the contract.
(6) Claims from the purchase contract concluded between the Provider and the Customer may only be assigned with the consent of the Provider.
8. Warranty
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from the Provider to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, the Provider shall have the right to choose between any such remedies at his discretion, provided that such choice shall be made by the Provider by written notice (in „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect.
(2) If remediation pursuant to subsection 1 fails or cannot reasonably be expected from the Customer or the Provider refuses to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accord¬ance with applicable law; provided, how¬ever, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be 24 months upon delivery of the product. For Business Customers, the warranty period for items delivered by the Provider is 12 months.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of (five) business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
9. Liability
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages of the Customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the Provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the Provider's legal representatives and vicarious agents if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act shall remain unaffected.
10. Data Protection
The Provider may save and process any data relating to the relevant orders only to the extent permitted under applicable law. Details are set out in the privacy policy available on the Provider’s website.
11. Right of Withdrawal
(1) When concluding a distance selling transaction, Consumers generally have a legal right of withdrawal, which the Provider informs about in the following according to the legal model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
Right of revocation:
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party, other than a carrier and designated by you, took possession of the goods. In order to exercise your right of withdrawal, you must inform us hairtex e.K., Rumerham 9a, 83119 Obing, telephone (+49) 08624-891379, fax (+49) 08624-891383, retoure@hairtex.de by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal:
If you revoke this agreement, the Provider shall reimburse you for all payments the Provider has received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the low-cost standard delivery offered by us), immediately and at the latest within fourteen days from the day on which the Provider receives the notification of your revocation of this agreement. The Provider will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
The Provider may refuse to refund until the Provider has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
With the exception of returns from Germany and Austria, you shall bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functioning.
(2) The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(3) The Provider shall provide information on the model withdrawal form in accordance with the statutory provisions as follows:
Sample revocation form:
To
hairtex e.K.
Rumerham 9a
83119 Obing
fax: (+49) 08624-891383
retour@hairtex.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper averaging)
Date
(*) Delete as appropriate
12. Final Provisions
(1) The purchase contract between the Provider and the Customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions. However, if the Customer is a consumer and has his habitual residence in another state, he shall be protected under the relevant provisions of the state of residence, which may not be deviated from by agreement.
(2) If the Customer is a merchant as defined by § 1 para. 1 HGB (German Commercial Code), a legal entity under public law or a special fund under public law, the courts in Traunstein shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship concerned. In all other cases, the provider or the Customer may bring an action before any court having jurisdiction based on statutory provisions.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.