Terms and Conditions
General terms and conditions with customer information.
table of Contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and payment conditions.
- Delivery and shipping conditions
- Retention of Title
- Liability for defects (warranty)
- Applicable law
- Alternative dispute resolution
1 Scope
1.1 These general terms and conditions (hereinafter "GTC") of Bey The Time Traveler SL, operating under the name "Hairfluencer" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the Seller regarding the products presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to either his commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a company with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her independent commercial or professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer on the part of the customer.
2.2 The Customer can submit the offer using the online order form integrated into the Seller's online shop. After placing the selected products in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process.
2.3 The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), the receipt of the order confirmation by the customer being decisive, or
- by delivering the ordered goods to the customer, the receipt of the goods by the customer being decisive, or
- asking the customer to pay after placing their order.
If several of the aforementioned alternatives are presented, the contract will be concluded at the time one of the aforementioned alternatives is presented first. The offer acceptance period begins the day after the customer submits the offer and ends at the end of the fifth day following the offer submission. If the seller does not accept the customer's offer within the aforementioned period, this will be considered a rejection of the offer, and the customer will no longer be bound by their declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the Seller saves the contract text after the contract has been concluded and sends it to the Customer in text form (e.g., by email, fax, or letter) after submitting the order. The Seller will not provide the contract text beyond this point.
2.5 Before placing a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the Customer can correct their input using the usual keyboard and mouse functions until they click the button that completes the order process.
2.6 German is available for the conclusion of the contract.
2.7 Order processing and contact are generally carried out via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have the right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment conditions
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices and include the statutory sales tax. Any additional delivery and shipping costs that may arise will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online store.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer actually exercises their right of withdrawal. If the Customer actually exercises their right of withdrawal, the return shipping costs will be subject to the Seller's cancellation policy.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has handed the item over to the carrier, the forwarder, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only transfers when the goods are delivered to the customer or a person authorized to accept them. On the other hand, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has handed the thing over to the carrier, the forwarder, or the person or institution otherwise designated to carry out the shipment, if the customer instructs the freight forwarder, the forwarder, or the other person or institution designated to carry out the shipment and the seller has not previously appointed this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or inadequate delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has entered into a specific hedging transaction with the Supplier with due care. The Seller will make every reasonable effort to acquire the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Reservation of ownership
If the seller makes advance payments, ownership of the delivered goods is reserved until the full purchase price due has been paid.
7) Liability for defects (warranty)
Unless otherwise stated in the following rules, the statutory provisions on liability for defects apply. In contrast, the following applies to contracts for the delivery of goods:
7.1 If the client acts as an entrepreneur,
- The seller has the option of choosing the type of additional service;
- For new goods, the limitation period for defects is one year from the date of delivery of the goods;
- In the case of used goods, rights and claims for defects are excluded;
- The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and reduction of deadlines regulated above do not apply.
- for claims for damages and reimbursement of expenses by the customer,
- if the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with its normal use and have caused its defects,
- for any obligation of the seller to provide updates to digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal remedies will not be affected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and file complaints in accordance with § 377 HGB. If the customer fails to comply with the information obligations regulated therein, the goods will be deemed to have been approved.
7.5 If the Customer acts as a consumer, they must file a complaint with the delivery person regarding goods delivered with obvious damage during transport and inform the Seller. Failure to do so will not affect their legal or contractual claims for defects.
8) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not waived by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.