table of contents
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Contract duration and contract termination for subscription contracts
- retention of title
- Liability for defects (warranty)
- Applicable law
- 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,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e‑mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
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.
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.