AGB with customer information
§ 1 Scope of Application
(1) The following General Terms and Conditions apply to all orders placed by our customers via the online shop or – in the case of registration for a training course – submitted in writing to:
Hairoyal – Diana Berthold, Schlesischer Platz 2, 01097 Dresden, Germany
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
(3) With respect to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
§ 2 Conclusion of Contract via the Online Shop
(1) Please refer to the individual product descriptions within our online offering for the essential characteristics of the goods offered by us and the validity period of limited-time offers.
(2) By placing products in our online shop, we make a binding offer to conclude a contract regarding the respective items. By clicking the button “Add to Cart”, the customer can place the respective goods into the virtual shopping cart. This process is non-binding and does not yet constitute acceptance of the offer.
The customer may view the shopping cart at any time via the shopping cart button in the upper menu bar of our website and by clicking the button “View/Edit Cart”. The customer may remove products from the shopping cart by clicking the small cross button. Likewise, the customer may change the quantity in the “Quantity” field.
If the customer wishes to purchase the products in the shopping cart, they must initiate the ordering process by clicking the “Checkout” or “Direct to PayPal” button.
(3) After initiating the ordering process via the “Checkout” button, the customer will be asked to enter their details. Mandatory information is marked with an asterisk (). Optionally, the customer may register in our online shop and create a customer account. The required mandatory information for this purpose is also marked with an asterisk ().
For future purchases, the customer may place orders after entering their email address and password without having to re-enter their details. Before submitting an order, the contents of the order, including customer data, are summarized on an overview page. The customer may correct all order data there using the designated editing fields.
By clicking the “Order with Obligation to Pay” button, the customer accepts the offer regarding the goods contained in the shopping cart. The purchase contract is thereby concluded.
Immediately after submitting the order, the customer will receive a confirmation by email.
(4) After initiating the ordering process via the “Direct to PayPal” button, the customer must log in using their PayPal access data (email address and password). Entry of the customer's personal data is not required. Instead, the delivery address and payment method stored in the customer's PayPal account are automatically transferred and may be changed via the corresponding buttons.
The customer then reaches the final order page via the “Continue” button. There, the customer may correct all order data using the designated editing fields.
By clicking the “Order with Obligation to Pay” button, the customer accepts the offer regarding the goods contained in the shopping cart. The purchase contract is thereby concluded.
Immediately after submitting the order, the customer will receive another confirmation by email.
(5) The customer may access these General Terms and Conditions at any time via the link at the beginning of this page as a PDF file and save or print them.
The customer may save and/or print the contents of their order immediately after submitting it using the corresponding functions of their internet browser.
We provide the customer with the contractual provisions, including these General Terms and Conditions and customer information, in text form no later than upon delivery of the goods.
The contract text is stored on our internal systems but is only accessible to the customer via the internet after completion of the order if the customer has registered with us and created a customer account. In this case, previous orders can be viewed in the customer login area.
Otherwise, the contract text is no longer accessible to the customer via the internet.
However, the customer has the right to receive free information regarding their stored data. In this respect, we refer to the privacy policy available in our online offering.
(6) The customer assures that all information provided during the ordering process is truthful. Any changes must be communicated to us immediately.
(7) The contract language is exclusively German.
§ 3 Conclusion of Contract for Written Registration for Training Courses, Right of Withdrawal by the Provider
(1) The customer's written registration (by post or fax) constitutes a binding offer to conclude a service contract, which we may accept by sending a separate order confirmation within 7 days.
Please refer to the individual descriptions on our website for the essential characteristics of our training services.
(2) We are entitled to withdraw from the contract if the minimum number of participants of 4 persons is not reached for the respective training course.
In this case, we will inform the customer no later than 7 days before the scheduled training date and immediately refund any payments already made.
§ 4 Prices and Shipping Costs
(1) The prices stated on the product pages include statutory VAT and other price components and are exclusive of postage and shipping costs.
(2) An overview of shipping options and the resulting shipping costs can be found under the link “Delivery and Shipping Costs”. Shipping costs are also displayed to the customer on the overview page before the order is submitted.
(3) For deliveries to countries outside the EU, additional customs duties, taxes, and fees may apply.
These costs are neither charged nor assumed by us but must be borne by the customer as the recipient.
Please note that customs duties, taxes, and fees are levied by the customs authorities of your country and their amount depends on the applicable national regulations.
We therefore recommend that you obtain information about any potential charges from the relevant authorities in your country before placing an order.
Further information can be obtained, for example, from the following links:
or
https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp
Please also note that delays caused by customs clearance procedures are beyond our control.
§ 5 Payment
(1) Payment shall be made, at the customer’s choice, by advance payment, cash on delivery (where available), PayPal, or direct debit (for entrepreneurs only).
In addition, via the payment service providers Unzer and Stripe, customers may choose payment by Klarna invoice purchase, Sofortüberweisung (instant bank transfer), credit card, Giropay, EPS (Electronic Payment Standard – only for customers of participating Austrian banks), or debit card.
Finally, customers may pay the purchase price in cash or by EC card upon collection.
(2) If advance payment is selected, we will provide our bank details in the order confirmation and dispatch the goods after receipt of payment.
The invoice amount must be transferred to the specified account within 10 days.
If no payment has been received within 10 days after conclusion of the contract, we shall be entitled to withdraw from the contract without issuing a reminder.
(3) If payment by cash on delivery is selected, payment shall be made directly to the delivery agent (plus EUR 5.95 within Germany and EUR 10.00 for deliveries to Austria, Hungary, and the Czech Republic).
When selecting cash on delivery, the customer pays the purchase price directly to the delivery agent. Additional cash-on-delivery fees apply, which are to be borne by the customer and are indicated during the ordering process and under the link “Delivery and Shipping Costs.”
(4) If payment via PayPal is selected, you will be redirected during the ordering process to the website of the online provider PayPal.
In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login credentials, and confirm the payment instruction to us.
After submitting the order in the online shop, we request PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal after dispatch of the goods.
If PayPal is selected as the payment method, the customer will be redirected after placing the order to the website of the payment service provider PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg).
To make payment via PayPal, the customer must be registered there or register first, authenticate themselves using their login credentials, and confirm the payment instruction to us as the seller.
PayPal may offer additional payment options within the customer account to registered customers selected according to PayPal’s own criteria. However, we have no influence over the availability of such options.
Any additional payment methods offered individually concern only the legal relationship between the customer and PayPal.
The payment transaction is carried out by PayPal immediately after the order is submitted.
(5) If payment by direct debit (entrepreneurs only) is selected, your account will be debited when the goods are shipped.
(6) If payment by invoice purchase is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”).
The technical integration of Klarna is provided through the payment service provider Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H285, Ireland (“Stripe”).
By selecting this payment method, the customer agrees that the personal data required for payment processing (e.g., name, address, contact details, and order data) will be transmitted to Stripe and Klarna.
The transfer of data takes place for the purpose of identity verification, credit assessment, and payment processing.
Klarna reserves the right to reject customers for invoice purchases. In such cases, another payment method offered during the ordering process will be suggested.
If the credit check is successful, the customer receives the ordered goods without advance payment and settles the invoice amount only after receiving a separate payment request from Klarna within the payment period specified therein.
Within the framework of invoice purchases, the seller assigns its claim arising from the purchase contract to Klarna.
Accordingly, payments can only be made to Klarna with debt-discharging effect.
In addition, the currently applicable terms and conditions and privacy notices of Stripe and Klarna apply.
If payment by invoice via Unzer is selected, the following applies:
To pay the invoice amount via Unzer, registration is not required.
Following successful address verification and credit assessment during the ordering process, we assign our claim to Unzer.
In this case, payment can only be made to Unzer with debt-discharging effect.
For payment processing through Unzer, the terms and conditions of Unzer apply in addition to our own Terms and Conditions.
(7) If payment via Sofortüberweisung (instant bank transfer) is selected, you will be redirected after submitting the order to the website of the online provider Unzer.
To pay the invoice amount via Sofortüberweisung, you must have an online banking account enabled for participation in Sofortüberweisung using the PIN/TAN procedure, authenticate yourself accordingly, and confirm the payment instruction to us.
Further information is provided during the ordering process.
The payment transaction is carried out by Unzer immediately thereafter and your account is debited.
The goods are shipped after completion of payment processing.
(8) If payment via Giropay is selected, you will be redirected after placing the order to your bank’s website.
To pay the invoice amount via Giropay, you must have an online banking account enabled for participation in Giropay using the PIN/TAN procedure, authenticate yourself accordingly, and confirm the payment instruction to us.
Further information is provided during the ordering process.
The payment transaction is carried out immediately thereafter and your account is debited.
The goods are shipped after completion of payment processing.
If payment by credit card is selected, payment processing is carried out through the payment service provider Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H285, Ireland (“Stripe”).
For payment processing, the customer enters their credit card details (cardholder name and number, expiration date, security code) into a secure and encrypted input form provided by Stripe (e.g., Stripe Elements or an embedded iFrame).
This data is transmitted directly to Stripe and is not routed through or stored on the seller’s servers.
By submitting the order, the customer instructs Stripe to collect payment through the respective card issuer.
The specified credit card account is charged immediately after submission of the order or, depending on the agreement, upon shipment of the goods.
The current terms of use and privacy notices of Stripe also apply.
(8) If EPS is selected as the payment method, the customer is redirected after placing the order via the payment service provider Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H285, Ireland (“Stripe”) to select their account-holding bank and subsequently to that bank’s online banking page.
To make payment via EPS, the customer must have an online banking account with an Austrian bank participating in the EPS system, authenticate themselves with their login credentials, and confirm the pre-filled transfer to the seller.
The payment transaction is executed immediately after confirmation by the customer and forwarded by Stripe to the seller.
The current terms of use and privacy notices of Stripe, as well as the conditions of the respective account-holding bank, shall apply.
(9) If payment by credit card or debit card is selected, the customer enters their card details after placing the order, and the card issuer carries out an authorization check.
Following successful authentication as the legitimate cardholder, the payment transaction is automatically executed and the card is charged.
The goods are shipped after completion of payment processing through Unzer.
If payment in cash or by EC card is selected, the customer may pay the purchase price directly upon collection of the ordered goods from our shop.
(10) In the event of late payment by the customer, we are entitled to charge default interest at the statutory rate.
We reserve the right to prove and claim higher damages.
(11) The customer may only exercise rights of set-off with claims that are undisputed or have been legally established.
The customer may only exercise a right of retention insofar as the counterclaim arises from the same contractual relationship.
In the event of defects in the delivered goods, the customer’s statutory rights remain unaffected.
§ 6 Delivery
(1) Unless otherwise specified on the product page, the delivery period is 1 to 5 days.
The customer also has the option of collecting the goods from our shop at:
Schlesischer Platz 2, 01097 Dresden, Germany
Monday to Friday: 09:00 a.m. – 06:00 p.m.
(2) If an ordered item is unavailable because we are not supplied by our own supplier despite that supplier’s contractual obligation and without fault on our part, we shall be entitled to withdraw from the contract.
In such a case, we will inform the customer immediately that the ordered goods are unavailable and, after offering comparable replacement goods, promptly refund any payments already made.
(3) If the customer is an entrepreneur (§ 1 para. 2), the risk of accidental loss and accidental deterioration passes to the customer no later than upon handover of the goods to the freight forwarder, carrier, or other person designated to carry out the shipment, whereby the commencement of the loading process shall be decisive.
§ 7 Right of Withdrawal for the Delivery of Goods
(1) Consumers have a 100-day right of withdrawal.
Withdrawal Policy – Right of Withdrawal
You have the right to withdraw from this contract within 100 days without giving any reason.
The withdrawal period shall be 100 days from the day on which you, or a third party named by you who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us:
Hairoyal – Diana Berthold
Schlesischer Platz 2
01097 Dresden
Germany
Telephone: 0351/8106212
Fax: 0351/8106214
Email: info@hairoyal.de
by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract.
You may use the attached model withdrawal form for this
purpose, although this is not mandatory.
You may also exercise your right of withdrawal online at: https://www.hairoyal.de/de/page/cms/019e87f4c1c67036b163fe1ec9191951 If you use this online option, we will promptly provide you with an acknowledgment of receipt on a durable medium (e.g. by email), including information about the content of your withdrawal declaration as well as the date and time it was received.
To meet the withdrawal deadline, it is sufficient that you send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than 100 days from the day on which you inform us of your withdrawal from this contract.
The deadline is met if you dispatch the goods before the expiry of the 100-day period.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this diminished value results from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning.
(2) The right of withdrawal does not exist in the case of the delivery of goods- that are not prefabricated and for the production of which an individual selection or specification by the consumer is decisive or which are clearly tailored to the consumer’s personal needs,
- that can spoil quickly or whose expiry date would be quickly exceeded,
- that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- if these have been inseparably mixed with other goods after delivery due to their nature,
- as well as in the case of the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Consumers have a 100-day right of withdrawal.
Instructions on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 100 days without giving any reason.
The withdrawal period is 100 days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Hairoyal - Diana Berthold, Schlesischer Platz 2, 01097 Dresden, telephone: 0351/8106212, fax: 0351/8106214, email: info@hairoyal.de) by means of an unambiguous declaration (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification regarding the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment.
If you have requested that the service begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract, compared with the total scope of services provided for in the contract.
§ 9 Retention of title
(1) The delivered goods remain our property until they have been paid for in full. The customer must notify us immediately upon becoming aware of any third-party access to the goods subject to retention of title. The customer shall be liable for all costs incurred in removing such access, in particular through the filing of a third-party opposition action, insofar as reimbursement of the costs cannot be obtained from the respective third party.
(2) The following also applies to customers who are entrepreneurs (§ 1 para. 2): We retain ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You are entitled to resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale, regardless of whether the goods subject to retention of title are connected with or mixed with a new item, in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves insofar as you fail to meet your payment obligations.
§ 10 Consumer rights in the event of defects
(1) In the event of a defect in the purchased item, the statutory provisions shall generally apply. This means that the customer may primarily demand subsequent performance, i.e. at the customer’s choice, either delivery of a replacement item or rectification of the defect. If the further statutory requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. Claims for damages due to a defect in the goods shall, in addition to the statutory requirements, be subject to the requirements set out in § 11.
(2) In the case of delivery of new goods, all warranty claims shall become time-barred two years after handover. In the case of delivery of used goods, the limitation period for warranty claims shall be one year after handover. By way of derogation, in the case of delivery of used goods, the limitation period of two years after handover shall also apply to claims for damages resulting from injury to life, body or health, as well as to claims for other damages based on an intentional or grossly negligent breach of duty by us or our vicarious agents.
§ 11 Liability for damages towards consumers
Our liability for damages shall, irrespective of the other statutory requirements for claims, be subject to the following exclusions and limitations of liability:
(1) We shall be liable if we are guilty of intent or gross negligence. In the case of ordinary negligence, we shall only be liable for breaches of an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely. Otherwise, liability for damages of any kind, irrespective of the legal basis of the claim, including liability for fault at the conclusion of the contract, shall be excluded.
(2) If we are liable for ordinary negligence pursuant to paragraph 1, our liability shall be limited to the damage that we had to reasonably expect to arise under the circumstances known at the time the contract was concluded.
(3) The above exclusions and limitations of liability shall not apply if we have assumed a guarantee regarding the quality of the goods, nor to damages to be compensated under the Product Liability Act, nor to damages resulting from injury to life, body or health.
(4) The above exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties whom we use to fulfil the contract.
§ 12 Rights in the event of defects and damages in other cases
With regard to entrepreneurs (§ 1 para. 2), the above §§ 10 and 11 shall apply accordingly with the following provisions:
(1) A prerequisite for any warranty rights is that you properly fulfil all inspection and notification obligations owed under § 377 of the German Commercial Code (HGB).
(2) We shall have the right to choose the type of subsequent performance.
(3) The limitation period for warranty claims regarding the delivered goods shall be – except in the case of claims for damages – one year from handover.
(4) In the event of liability for ordinary negligence, this shall be limited to the foreseeable damage typical for the contract.
§ 13 Data protection
(1) We collect and store the customer’s data required for processing the business transaction. When processing the customer’s personal data, we comply with the statutory provisions. Further details are set out in the privacy policy available in our online offer.
(2) Upon request, the customer shall at any time receive information about the data stored concerning their person.
§ 14 Applicable law, place of jurisdiction
(1) These terms and conditions and the entire legal relationship between us and our contractual partners shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state in which the consumer has their habitual residence shall remain unaffected.
(2) The sole place of jurisdiction for all disputes arising from or in connection with this contract shall be, if the customer is a registered merchant, a legal entity under public law, a special fund under public law, or has its registered office abroad, at our discretion either our registered office in Dresden or the customer’s registered office. Otherwise, the statutory provisions shall apply.
§ 15 Final provisions
Should individual provisions of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall replace the invalid provision.
§ 16 Provider identification, address for service of legal documents
Our address for complaints and other declarations of intent, as well as our address for service of legal documents, is:
Hairoyal - Diana Berthold, Schlesischer Platz 2, 01097 Dresden.
You can reach our customer service for questions, complaints and objections from Monday to Friday between 09:00 and 18:00 at telephone number 0351/ 810 62 12 and by email at info@hairoyal.de.
§ 17 Online dispute resolution, consumer arbitration
The European Commission provides a platform for online dispute resolution (ODR), which the customer can find at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.