table of contents

  1. scope
  2. con­clu­sion of con­tract
  3. right of with­draw­al
  4. Prices and terms of pay­ment
  5. Delivery and ship­ping con­di­tions
  6. Contract dura­tion and con­tract ter­mi­na­tion for sub­scrip­tion con­tracts
  7. reten­tion of title
  8. Liability for defects (war­ran­ty)
  9. Applicable law
  10. Alternative dis­pute res­o­lu­tion

1) Scope of appli­ca­tion 1.1 These General Terms and Conditions (here­inafter referred to as “GTC”) of Auda Invest GmbH & Co. KG, trad­ing under “Factor Hair” (here­inafter “Seller”), shall apply to all con­tracts for the deliv­ery of goods which a con­sumer or entre­pre­neur (here­inafter “Customer”) con­cludes with the Seller with regard to the goods pre­sent­ed by the Seller in his online shop. The inclu­sion of the cus­tomer’s own con­di­tions is here­by object­ed to, unless oth­er­wise agreed. 1.2 A con­sumer with­in the mean­ing of these General Terms and Conditions is any nat­ur­al per­son who con­cludes a legal trans­ac­tion for pur­pos­es which can pre­dom­i­nant­ly nei­ther be attrib­uted to his com­mer­cial nor his self-employed pro­fes­sion­al activ­i­ty. Entrepreneur in the sense of these GTC is a nat­ur­al or legal per­son or a part­ner­ship with legal capac­i­ty, which acts in the exer­cise of its com­mer­cial or inde­pen­dent pro­fes­sion­al activ­i­ty when con­clud­ing a legal trans­ac­tion. 1.3 Depending on the sell­er’s prod­uct descrip­tion, the object of the con­tract may be both the pur­chase of goods by way of a one-off deliv­ery and the pur­chase of goods by way of a per­ma­nent deliv­ery (here­inafter referred to as “sub­scrip­tion con­tract”). In a sub­scrip­tion agree­ment, the Seller under­takes to sup­ply the Customer with the con­trac­tu­al­ly owed goods for the dura­tion of the agreed con­trac­tu­al term in the con­trac­tu­al­ly owed time inter­vals.

2) Conclusion of 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 serve to sub­mit a bind­ing offer by the cus­tomer. 2.2 The cus­tomer can sub­mit the offer via the online order form inte­grat­ed into the sell­er’s online shop. After plac­ing the select­ed goods in the vir­tu­al shop­ping bas­ket and com­plet­ing the elec­tron­ic order­ing process, the cus­tomer sub­mits a legal­ly bind­ing con­trac­tu­al offer with regard to the goods con­tained in the shop­ping bas­ket by click­ing the but­ton com­plet­ing the order­ing process. 2.3 The Seller may accept the Customer’s offer with­in five days,

3) Right of revo­ca­tion 3.1 In prin­ci­ple, con­sumers are enti­tled to a right of with­draw­al. 3.2 Further infor­ma­tion on the right of revo­ca­tion can be found in the sell­er’s revo­ca­tion instruc­tions. 3.3 The right of revo­ca­tion does not apply to con­sumers who do not belong to a mem­ber state of the European Union at the time the con­tract is con­clud­ed and whose sole place of res­i­dence and deliv­ery address are out­side the European Union at the time the con­tract is con­clud­ed.

4) Prices and terms of pay­ment 4.1 Unless oth­er­wise stat­ed in the Seller’s prod­uct descrip­tion, the prices quot­ed are total prices which include the statu­to­ry val­ue added tax. Any addi­tion­al deliv­ery and ship­ping costs will be stat­ed sep­a­rate­ly in the respec­tive prod­uct descrip­tion. 4.2 For deliv­er­ies to coun­tries out­side the European Union, addi­tion­al costs may be incurred in indi­vid­ual cas­es for which the sell­er is not respon­si­ble and which are to be borne by the cus­tomer. These include, for exam­ple, costs for the trans­fer of mon­ey by cred­it insti­tu­tions (e.g. trans­fer fees, exchange rate fees) or import duties or tax­es (e.g. cus­toms duties). Such costs may also be incurred in rela­tion to the trans­fer of funds if the deliv­ery is not made to a coun­try out­side the European Union but the cus­tomer makes the pay­ment from a coun­try out­side the European Union. 4.3 The pay­ment option(s) will be com­mu­ni­cat­ed to the cus­tomer in the sell­er’s online shop. 4.4 If pre­pay­ment by bank trans­fer has been agreed, pay­ment is due imme­di­ate­ly after con­clu­sion of the con­tract, unless the par­ties have agreed on a lat­er due date. 4.5 If pay­ment is made by means of a pay­ment method offered by PayPal, the pay­ment shall be processed by the pay­ment ser­vice provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L‑2449 Luxembourg (here­inafter referred to as “PayPal”), in accor­dance with the PayPal Terms of Use, avail­able at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or — if the cus­tomer does not have a PayPal account — in accor­dance with the Terms of Payment with­out a PayPal account, avail­able at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. 4.6 If the cred­it card pay­ment method is select­ed via Stripe, the invoice amount is due imme­di­ate­ly upon con­clu­sion of the con­tract. Payment shall be processed by the pay­ment ser­vice provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (here­inafter referred to as “Stripe”). Stripe reserves the right to car­ry out a cred­it check and to refuse this method of pay­ment in the event of a neg­a­tive cred­it check.

5) Delivery and ship­ping con­di­tions 5.1 Unless oth­er­wise agreed, goods shall be deliv­ered by ship­ment to the deliv­ery address spec­i­fied by the cus­tomer. The deliv­ery address stat­ed in the Seller’s order pro­cess­ing is deci­sive for the trans­ac­tion. 5.2 If the trans­port com­pa­ny returns the shipped goods to the sell­er because deliv­ery to the cus­tomer was not pos­si­ble, the cus­tomer shall bear the costs for the unsuc­cess­ful ship­ment. This does not apply if the cus­tomer is not respon­si­ble for the cir­cum­stance that led to the impos­si­bil­i­ty of deliv­ery or if he was tem­porar­i­ly pre­vent­ed from accept­ing the ser­vice offered, unless the sell­er had giv­en him a rea­son­able notice of the ser­vice in advance. Furthermore, this does not apply with regard to the costs for the ship­ment if the cus­tomer exer­cis­es his right of revo­ca­tion effec­tive­ly. In the event that the cus­tomer exer­cis­es the right of revo­ca­tion effec­tive­ly, the pro­vi­sion of the sell­er’s revo­ca­tion pol­i­cy shall apply to the return costs. 5.3 Self-col­lec­tion is not pos­si­ble for logis­ti­cal rea­sons.

6) Duration and ter­mi­na­tion of sub­scrip­tion con­tracts 6.1 Subscription con­tracts are con­clud­ed for a lim­it­ed peri­od of time, for the con­tract term indi­cat­ed in the respec­tive prod­uct descrip­tion in the sell­er’s online shop and end auto­mat­i­cal­ly after expiry of the con­tract term. 6.2 The right to extra­or­di­nary ter­mi­na­tion for good cause remains unaf­fect­ed. An impor­tant rea­son exists if the ter­mi­nat­ing par­ty can­not rea­son­ably be expect­ed to con­tin­ue the con­trac­tu­al rela­tion­ship until the agreed ter­mi­na­tion or until the expiry of a peri­od of notice, tak­ing into account all cir­cum­stances of the indi­vid­ual case and weigh­ing the inter­ests of both par­ties. 6.3 Notices of ter­mi­na­tion shall be giv­en in writ­ing or in text form (e.g. by e‑mail).

7) Retention of title If the sell­er makes an advance pay­ment, he shall retain title to the deliv­ered goods until the pur­chase price owed has been paid in full.

8) Liability for defects (war­ran­ty) 8.1 If the pur­chased item is defec­tive, the pro­vi­sions of statu­to­ry lia­bil­i­ty for defects shall apply. 8.2 The cus­tomer is request­ed to com­plain to the deliv­er­er about deliv­ered goods with obvi­ous trans­port dam­age and to inform the sell­er of this. If the cus­tomer does not com­ply with this, this has no effect on his statu­to­ry or con­trac­tu­al war­ran­ty claims.

9) Applicable law 9.1 All legal rela­tion­ships between the par­ties shall be gov­erned by the laws of the Federal Republic of Germany to the exclu­sion of the laws gov­ern­ing the inter­na­tion­al sale of mov­able goods. In the case of con­sumers, this choice of law shall only apply inso­far as the pro­tec­tion grant­ed is not with­drawn by manda­to­ry pro­vi­sions of the law of the coun­try in which the con­sumer has his habit­u­al res­i­dence. 9.2 Furthermore, this choice of law does not apply to con­sumers who do not belong to a mem­ber state of the European Union at the time the con­tract is con­clud­ed and whose sole place of res­i­dence and deliv­ery address are out­side the European Union at the time the con­tract is con­clud­ed.

10) Alternative dis­pute res­o­lu­tion 10.1 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 con­tact point for out-of-court set­tle­ment of dis­putes aris­ing from online sales or ser­vice con­tracts in which a con­sumer is involved. 10.2 The sell­er is nei­ther oblig­ed nor will­ing to par­tic­i­pate in a dis­pute res­o­lu­tion pro­ce­dure before a con­sumer arbi­tra­tion board.

[gzd_complaints]