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Terms and Conditions as PDF for download

§ 1 Scope

(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 - in writing

Hairoyal - Diana Berthold, Schlesischer Platz 2, 01097 Dresden

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(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur 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.

(3) The following applies to companies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if we have expressly consented to this.

§ 2 Conclusion of contract via the online shop

(1) The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions on our website.

(2) By placing the products in our online shop, we make a binding offer to conclude a contract for the respective articles. By clicking on the "Add to cart" button, the customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute acceptance of the contract. The customer can view the shopping cart at any time via the shopping cart button in the top menu bar of our websites and by clicking on the "Edit shopping cart" button. Subsequently, the customer can remove the products from the shopping cart by clicking on the button with the small cross. Likewise, the customer can change the quantity in the "Quantity" field. If the customer wants to buy the products in the shopping cart, he must initiate the ordering process by clicking on the button "Checkout" or "Directly to PayPal".

(3) After initiating the order process via the button "Checkout", the customer is asked to enter his data. The mandatory fields are marked with a *. Optionally, the customer can register in our online shop and open a customer account. The mandatory information required for this is marked with a *. For future purchases, the customer can order after entering his e-mail address and password without having to enter his data again. Before placing an order, the content of the order, including the customer data, is summarized on an overview page. The customer can correct all order data there using the change fields provided. By clicking on the button "Order with obligation to pay", the customer accepts the offer for the goods contained in the shopping cart. This concludes the purchase contract. Immediately after sending the order, the customer will receive another confirmation by e-mail.

(4) Close to initiating the order process via the button "Direct to PayPal", the customer must log in with his PayPal access data (e-mail address and password). There is no need to enter the customer's personal data. Rather, the data stored by the customer in his PayPal account on the delivery address and payment method are automatically transferred and can be changed using the corresponding buttons. The customer then clicks on the "Continue" button to go to the final order page. The customer can correct all order data there using the change fields provided. By clicking on the button "Order with obligation to pay", the customer accepts the offer for the goods contained in the shopping cart. This concludes the purchase contract. Immediately after sending the order, the customer will receive another confirmation by e-mail.

(5) The customer can 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 out. The customer can save and/or print out the content of his order immediately after placing his order using the corresponding functions of his Internet browser. We shall provide the customer with the contractual provisions, including these General Terms and Conditions, together with customer information after placing his order at the latest upon delivery of the goods in text form. The text of the contract is stored on our internal systems, but is only accessible to the customer via the Internet after completion of the order if he has registered with us, i.e. opened a customer account. In this case, the past orders can be viewed via the customer's login area. Otherwise, the text of the contract will no longer be accessible to the customer via the Internet. However, the customer has a right to free information about his stored data. In this respect, we refer to the privacy policy available on our website.

(6) The customer assures that all information provided by him when placing the order is truthful. Changes must be communicated to us immediately.

(7) The contract language is exclusively German.

§ 3 Conclusion of contract in the event of written registration for the training, reservation of withdrawal

(1) The written (by post or fax) registration of the customer represents a binding offer to conclude a service contract, which we accept by sending a separate order confirmation within 7 days. The essential characteristics of our training services can be found in the individual descriptions on our website.

(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. In this case, we will inform the customer of this at least 7 days before the planned training date and immediately reimburse any payments already made.

§ 4 Prices, shipping costs

(1) The prices stated on the article pages include the statutory value added tax and other price components and do not include postage.

(2) An overview of the shipping options and the resulting shipping costs can be found under the link "Delivery and shipping costs". The shipping costs are also displayed to the customer on the overview page before the order is placed.

§ 5 Payment

(1) Payment shall be made at the customer's discretion by prepayment, cash on delivery, PayPal or direct debit (entrepreneurs only). Furthermore, the customer can choose to pay on account via the payment service provider Unzer by purchase on account, instant transfer, credit card, giropay or debit card. Finally, the customer can pay the purchase price in cash upon collection.

(2) If you choose to pay in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. The invoice amount must be transferred to the specified account within 10 days.

(3) In the case of payment by cash on delivery, payment (plus EUR 5.95 costs within Germany and EUR 10 to AT, HU and CZ) shall be made directly to the deliverer.

(4) If you choose to pay by PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the online shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal after the goods have been shipped.

(5) In the case of payment by direct debit (entrepreneurs only), your account will be debited when the goods are shipped.

(6) If payment on account is selected, the following applies: In order to be able to pay the invoice amount via Unzer, you do not have to be registered there. After a successful address and credit check as part of the ordering process, we assign our claim to Unzer . In this case, you can only pay to Unzer with debt-discharging effect. In addition to our terms and conditions , the terms and conditions of Unzer apply to payment processing via Unzer.

(7) If you select the payment Sofortüberweisung, you will be redirected to the website of the online provider Unzer after placing the order . In order to be able to pay the invoice amount via Sofortüberweisung, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofortüberweisung, identify yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be carried out by Unzer immediately afterwards and your account will be debited. The goods will be shipped after the payment has been processed.

(8) If you choose to pay with Giropay, you will be redirected to your bank's website after placing your order. In order to be able to pay the invoice amount via Giropay, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Giropay, identify yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be executed immediately afterwards and your account will be debited. The goods will be shipped after the payment has been processed.

(9) If you choose to pay by credit card and debit card, you enter your credit card details after placing the order and the credit card company will carry out an authorization check. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged. The goods will be shipped via Unzer after completion of the payment processing.

(10) In the event of default in payment by the customer, we shall be entitled to charge interest on arrears at the statutory rate. We reserve the right to prove higher damages.

(11) The customer is only entitled to set-off rights with undisputed or legally established claims. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. In the event of defects in the delivery, the customer's counter-rights shall remain unaffected.

§ 6 Delivery

(1) Unless otherwise stated on the item page of the offer, the delivery time is 1 to 5 days. In principle, the customer has the option of picking up at the shop Schlesischer Platz 2, 01097 Dresden, Monday-Friday: 09:00 - 18:00.

(2) If an ordered item is not available because we are not supplied by our supplier through no fault of our own despite his contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are not available and, after offering a comparable replacement product, we will immediately reimburse any payments already made.

(3) If the customer is an entrepreneur (§ 1 para. 2), the risk of accidental loss and accidental deterioration shall pass to the customer at the latest when the goods are handed over (whereby the start of the loading process is decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment.

§ 7 Right of withdrawal for the delivery of goods

(1) Consumers have a 100-day right of withdrawal.

Cancellation

Withdrawal

You have the right to revoke this contract within 100 days without giving any reason.

The revocation period is 100 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (Hairoyal - Diana Berthold, Schlesischer Platz 2, 01097 Dresden, telephone: 0351/8106212, fax: 0351/8106214, e-mail: info@hairoyal.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your revocation of 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 provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than 100 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of 100 days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functioning of the goods.

(2) The right of revocation does not apply to the delivery of goods,

- which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

- that can spoil quickly or whose expiration date would be quickly exceeded,

- which 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,

- nor in the case of the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

§ 8 Right of withdrawal for the provision of services

Consumers have a 100-day right of withdrawal.

Cancellation

Withdrawal

You have the right to revoke this contract within 100 days without giving any reason.

The withdrawal period is 100 days from the date of conclusion of the contract.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you have requested that the service should begin during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of revocation with regard to this contract compared to the total scope of the 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 of any access by third parties to the reserved goods immediately after becoming aware of them. The customer shall be liable for all costs incurred for the cancellation of such access, in particular by filing a third-party objection action, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.

(2) For customers who are entrepreneurs (§ 1 para. 2), the following shall continue to apply: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined 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, but we may also collect claims ourselves if you do not meet your payment obligations.

§ 10 Defect rights of the consumer

(1) In the event of a material defect in the purchased item, the statutory provisions shall apply in principle. This means that the customer can primarily demand subsequent performance, i.e. subsequent delivery or rectification of defects at his discretion. If the other legal requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages due to a defect in the goods, the conditions set out in § 11 shall apply - in addition to the statutory requirements.

(2) In the case of the delivery of new items, all warranty claims shall become statute-barred two years after delivery. In the case of the delivery of used goods, the limitation period for warranty claims is one year from handover. By way of derogation, the limitation period of two years from handover shall also apply to the delivery of used goods for claims for damages due to damage resulting from injury to life, limb 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 vis-à-vis consumers

The following exclusions and limitations of liability shall apply to our liability for damages, without prejudice to the other statutory eligibility requirements:

(1) We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely. In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for fault at the time of conclusion of the contract, is excluded.

(2) If we are liable for simple negligence in accordance with paragraph 1, our liability shall be limited to the damage that we typically had to expect to occur under the circumstances known at the time of conclusion of the contract.

(3) The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor for damages to be compensated under the Product Liability Act, nor for damages to life, limb 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 Warranty rights and damages in other cases

With regard to entrepreneurs (§ 1 para. 2), the above §§ 10 and 11 shall apply accordingly with the following proviso:

(1) The prerequisite for any warranty rights is that you duly fulfill all obligations to inspect and give notice of defects owed in accordance with § 377 of the German Commercial Code (HGB).

(2) We shall have the right to choose the type of supplementary performance.

(3) The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - 1 year from handover.

(4) In the event of liability for simple 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 necessary for the business transaction. When processing the customer's personal data, we comply with the statutory provisions. Further details can be found in the privacy policy available on our website.

(2) Upon request, the customer will receive information about the data stored about him at any time.

§ 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 to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CSIG). Mandatory consumer protection provisions of the state in which the consumer has his habitual residence remain unaffected.

(2) If the customer is a registered trader, a legal entity under public law or a special fund under public law or has its registered office abroad, the sole place of jurisdiction for all disputes arising from or in connection with this contract shall be our registered office in Dresden or the registered office of the customer, at our discretion. In all other respects, 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. In place of the invalid provision, the relevant statutory provisions shall apply.

§ 16 Provider identification, summonable address

Our address for complaints and other declarations of intent as well as our summonable address 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 a.m. and 18:00 p.m. on 0351/ 810 62 12 and by e-mail on info@hairoyal.de.

§ 17 Online dispute resolution, consumer arbitration

The European Commission provides a platform for ODR dispute resolution (OS), which the customer can find at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.