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]