Terms of service

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of revocation
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for deficiencies (warranty)
  8. Applicable law
  9. Alternative dispute settlement

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Brigitte Kemkes, trading as "Brigitte Kemkes Hair&Beauty" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods presented in the seller’s online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller but serve for the submission of a binding offer by the customer.

2.2 The customer can submit the offer via the online order form implemented in the seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through 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 that concludes 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 e-mail), whereat the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at that time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by its declaration of intent.

2.4 If the customer chooses a payment method offered by PayPal, the payment will 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"), subject to 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 - subject to the Terms and Conditions for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract shall be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The seller does not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login data.

2.6 Before bindingly placing the order via the seller's online order form, the customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his or her entries via the usual keyboard and mouse functions until he/she clicks the button which completes the ordering process.

2.7 The German and English languages are available for conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of revocation

3.1 Consumers are generally entitled to a right of revocation.

3.2 Further information on the right of revocation may be found in the seller's revocation policy.

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 indicated separately in the respective product description.

4.2 The customer will be informed of the payment option(s) in the seller's online shop.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area stated by the seller to the delivery address stated by the customer, unless otherwise agreed. The delivery address stated in the seller's order processing shall be decisive in the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred. This shall not apply regarding the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the client is a consumer, the risk of accidental loss and accidental deterioration of the goods sold principally shall only pass to the customer upon handover of the goods to the customer or a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the client, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named 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 improper self-delivery. This shall only apply if the seller is not responsible for the non-delivery and the seller has, with due diligence, concluded a specific covering transaction with the supplier. The seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be immediately informed, and the payment will be refunded without delay.

5.5 Collection by the customer is not possible for logistical reasons.

6) Retention of title

If the seller makes advance performance, it shall retain title to the delivered goods until the purchase price owed is fully paid.

7) Liability for deficiencies (warranty)

7.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for deficiencies shall apply. Deviating hereof applies in case of contracts for the delivery of goods:

7.2 If the customer acts as entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • in the case of new goods, the limitation period for deficiencies is one year from delivery of goods;
  • in the case of used goods, the rights and claims for deficiencies are excluded;
  • the limitation period does not restart if a replacement delivery is made within the scope of liability for deficiencies.

7.3 The above-mentioned limitations of liability and time-limit reduction do not apply to

  • to claims for damages and reimbursement of customer’s expenses,
  • in the event that the seller fraudulently concealed a deficiency,
  • for goods which were used in accordance with their traditional use for a building and caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, it applies for entrepreneurs, the statutory limitation periods for any statutory recovery that may exist shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to be approved.

7.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with, it shall have no effect on his statutory or contractual claims for deficiencies.

8) Applicable law

The law of the Federal Republic of Germany applies to all legal relations between the parties excluding the laws on 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 state in which the consumer has his habitual residence.

9) Alternative dispute settlement

9.1 The EU Commission provides a platform for online dispute settlement at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the extrajudicial settlement 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 settlement process at a consumer arbitration board.

 

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