General Terms and Conditions with Customer Information
Status 17. June 2021
Table of contents
- Scope of the General Terms and Conditions
- Order process and conclusion of contract
- Contract text and contract language
- Information on prices and shipping costs
- Payment methods and terms
- Retention of title
- Delivery, availability of goods
- Production and processing according to customer's specifications
- Promotional vouchers
- Cancellation policy
- Warranty and liability
- Dispute resolution and consumer dispute resolvement
2. Bestellvorgang und Vertragsschluss
For the business relationship between Glückssträhnen Haarteile und Perücken, owner Julia Eschke (hereinafter referred to as "Seller") and the purchaser of the products and services of the Seller (hereinafter referred to as "Products" or "Goods") referred to as "Buyer", the following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively.
Deviating terms and conditions of the Customer shall not be recognized, even if the Seller provides its services without objection, unless the Seller expressly agrees to the validity of the deviating terms and conditions of the Customer.
"Consumer" in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
"Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Ordering process and conclusion of contract
- The presentation of the products in the store, on websites and in digital printed brochures, or catalogs or comparable product presentations of the seller does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the customer.
- The customer can select from the products offered in the assortment of the seller to the customer and collect them in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the ordering process.
- The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the completion of the order process by the customer in the store (or, if designated, by means of other communication channels) and ends with the expiration of its last day. The Seller may accept the Customer's offer by explicitly accepting the contract, including by e-mail. The acceptance can also be made by the shipment of the goods and their receipt by the Customer within the acceptance period, as well as by a request for payment sent by the Seller to the Customer. In the event of several acceptance procedures, the earliest acceptance date shall be decisive. If the Seller does not accept the Customer's offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by its offer.
- By clicking on the button that concludes the ordering process, the customer makes a binding offer to purchase the products in the shopping cart from the seller.
- Customers are requested to carefully read and observe the instructions in the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information shall be marked by the Seller as such in a manner reasonably recognizable to the Customer (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, customers can change and view the product selection and their entries at any time, as well as return to the shopping cart or cancel the ordering process altogether. For this purpose, the customers can use the available and usual functions of their software and/or the end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices).
- Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to Seller if they are necessary for Seller's performance of the contract. In particular, customers are responsible for ensuring that the e-mail and delivery addresses provided are accurate and that any obstacles to receipt for which customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the e-mail software used).
3. Contract Text and Contract Language
- The seller saves the contract text and provides it to the customer in text form (e.g. by e-mail or printed with the delivery of the order). The customer can print the contract text before submitting the order to the seller by using the print function of his browser or the save function for websites in the last step of the order process.
- If customers have created a customer account, they can view the orders placed in their profile area.
- The contract languages are German and English, contracts can be concluded in these languages.
4. Information about prices and shipping costs
- Unless otherwise stated, all prices are total prices including the applicable statutory value-added tax (VAT).
- The delivery and shipping charges in addition to the sales price will be notified to the customer in the respective product description and before the order is completed, or linked.
- In case of delivery to countries outside the European Union (EU), or the European Economic Area (EEA), additional taxes (e.g. import duties) or expenses (e.g. bank charges) may be incurred. These expenses will not be paid through the Seller, but are to be paid by the Customer to the relevant tax or customs authorities. The seller recommends the customer to inform himself about the possible further costs at the responsible authorities and on the basis of the country regulations applicable to the customer in each case.
- In addition to the indicated prices, the Seller charges the following shipping costs for the delivery: Shipping costs flat rate: Within Germany 10 Euro, other countries 17 Euro.
5. Methods of Payment and Terms of Payment
- Unless otherwise agreed, payments shall be made without discounts, cash discounts or other rebates.
- When using financial institutions and other payment service providers, the terms and conditions and privacy notices of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment process may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
- The Customer shall ensure that he/she fulfills the requirements incumbent upon him/her that are necessary for successful payment by means of the selected payment method. These include, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services, and confirmation of transactions.
- If a payment is not made or reversed due to insufficient funds in the customer's account, the provision of incorrect bank details or an unjustified objection by the customer, then the customer shall bear the fees incurred as a result, provided that the customer is responsible for the failed or reversed booking and, in the case of a SEPA transfer, was informed of the transfer in good time (so-called "pre-notification").
- If the seller assigns his payment claim against the customer to payment service providers, the payment with a debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the seller to the customer, in particular the performance and warranty obligations, compliance with revocations, and contractual collateral obligations are not affected by the assignment.
- The following payment methods are available to the customer:
- Prepayment - If payment in advance by means of a bank transfer has been agreed upon, the payment amount shall already be due upon the conclusion of the contract, subject to an express agreement to the contrary. The seller will inform the customer of his bank details. Delivery will be made after receipt of payment. If the advance payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the customer and the seller without any further consequences.
- Credit Card Payment - When placing an order, customers provide their credit card information. The customer's credit card is charged immediately after the order is completed and the customer is authorized as the legitimate cardholder.
- Klarna PayNow Credit Card - Customer must identify himself/herself as a legitimate cardholder in order to make the payment before the payment transaction is carried out and Customer's account is automatically debited.
- Klarna PayNow Direct Debit - The customer issues a SEPA direct debit mandate to Klarna. By issuing the SEPA Direct Debit Mandate, Klarna is authorized to initiate the payment transaction, which will automatically debit the Customer's bank account. The Customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").
- Klarna Invoice - Prerequisite is a successful verification of the customer's address and creditworthiness by Klarna. In the case of an invoice purchase, customers receive the goods first. The payment term is 14 days, unless otherwise agreed in the payment process. The seller assigns his claim for payment to Klarna. A debt-discharging payment can only be made to Klarna according to Klarna's conditions.
- Klarna installment payment - Prerequisite for Klarna installment purchase is a successful verification of the address and creditworthiness of the customer by Klarna. The seller assigns his payment claim against the customer to Klarna. A debt-discharging payment can only be made to Klarna according to Klarna's terms and conditions. More information about European standard information for consumer credit, financing through Klarna, especially the installments, and minimum amount of installment payment and Klarna's terms and conditions: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account.
- Klarna Immediate transfer (Immediate) - payment is made using online banking data through the provider Sofort GmbH immediately after the order is placed according to the terms and conditions of Klarna Sofortüberweisung (which are also communicated to the customer during the ordering process). Further information: https://www.klarna.com/sofort/.
- PayPal Express - The customer pays the amount owed by means of the PayPal transaction.
- PayPal Plus (PayPal) - The customer must have a PayPal account and pays by means of the Paypal transaction the amount owed.
- PayPal Plus (direct debit) - The customer can pay by means of PayPal's direct debit procedure even if he does not have a PayPal account. The customer grants PayPal a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, which automatically debits the customer's bank account. The customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").
- PayPal Plus (Credit Card) - The Customer may pay by credit card via PayPal even if the Customer does not have a PayPal account. The customer must identify himself/herself as a legitimate cardholder in order to make the payment before the payment transaction is carried out and the customer's account is automatically debited.
- PayPal installment payment - Prerequisite for an installment payment via PayPal is a successful verification of the address and creditworthiness of the customer by PayPal. The seller assigns its payment claim against the customer to PayPal. A debt-discharging payment can only be made to PayPal according to the conditions of PayPal.
- Costs incurred by reminders of due receivables will be charged to the customer. The customer reserves the right to prove no or lower costs.
- In the event of late payment, the Seller is entitled to charge default interest at the statutory rate as well as other consequences and costs determined by law to the defaulting customers. The customer's obligation to pay default interest does not preclude the seller from asserting further default damages. Damages caused by default include costs of legal enforcement, such as costs for legal advice, dunning proceedings, or debt collection.
6. Retention of title
If the seller makes advance payments, the delivered products remain the property of the seller until full payment has been made.
7. Delivery, Availability of goods
- The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
- If a payment service provider is used, with which a delivery address is deposited and through the use of the payment method by the customer, the seller is informed of this delivery address as decisive for the ordered delivery, the goods will be delivered to the deviating delivery address.
- If the delivery of the goods fails through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
- If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller shall immediately refund to the customer any consideration already paid.
Manufacturing and processing according to customer's specifications
- If the contractual agreement between the contracting parties includes that the Seller manufactures or processes the product to be delivered according to the Customer's specifications, the Customer shall be obliged to provide the Seller with the information and materials required for the performance of the service and to offer acts of cooperation (hereinafter collectively referred to as "Cooperation").
- The customer will be informed about his required cooperation in the context of the product description, or the ordering process.
- In fulfilling its duties to cooperate, the customer must observe the agreed format, the agreed transmission route and other agreed technical specifications and deadlines, in particular when providing information and materials.
- The customer undertakes to provide only such information and materials as well as to perform cooperative acts whose processing by the seller in accordance with the contract does not violate the applicable law or the property rights of third parties. In particular, the Customer undertakes to ensure that it has the necessary rights of use and disposal for processing by the Seller. The Seller shall not be obliged to verify the lawfulness of the processing of the Customer's cooperation.
- The Seller shall not bear any costs for the Customer's cooperation.
- Customer shall indemnify and hold Seller, its employees and agents harmless from any liability and/or claims of authorities or third parties arising in connection with Customer's Involvement for which Customer is responsible. The indemnification shall also include all necessary and reasonable legal defense costs. Furthermore, the customer shall support the seller in this case in the defense against the claims by reasonable and necessary cooperation actions as well as information.
- On the basis of proper consideration, the Seller shall be entitled to reject processing orders, even after conclusion of the contract, in which the Seller may assume, on the basis of objective indications, a violation of the applicable legal situation, rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).
- Promotion vouchers" are vouchers that are issued free of charge by the seller as part of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, promotional vouchers do not represent vouchers that embody a specific monetary or material value and are purchased by the customer as a product.
- Promotion vouchers can only be taken into account under the notified conditions, subject to restrictions, e.g. the validity for certain product groups, frequency of use and in particular only within the specified period.
- Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.
- Unless otherwise stated, the promotional vouchers issued to recipients may not be transferred to third parties.
- Promotional vouchers issued by the Seller may only be redeemed at the Seller's premises.
- Unless otherwise specified, promotional vouchers may only be redeemed prior to completion of the order process.
- If any amount remains to be paid after a promotional voucher has been redeemed, it may be settled using the payment methods offered by the Seller.
- If a promotional voucher exceeds a value of goods, it will be taken into account only up to the amount of the value of goods, without payment of the remaining amount.
8. Cancellation Policy
Information on the right of withdrawal for consumers can be found in the seller's cancellation policy.
9 Warranty and Liability
- The warranty (liability for defects) is determined subject to the following provisions of law.
- The Seller shall not be liable for the Customer's Internet connection, the software and hardware used by the Customer or any disruptions caused by them to the formation or performance of the contract between the Customer and the Seller.
- The Seller shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and the observance of which the Customer regularly relies on (cardinal obligations) or in the case of agreed warranty promises. In this case, however, the Seller shall only be liable for the foreseeable, contract-typical and expectable damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the customer are excluded. The above liability provisions also apply to claims for damages by the customer under the statutory warranty of the seller.
10. Dispute resolution and Consumer dispute resolution
- The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for the resolution of their disputes.
- We are not willing and not obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.