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Conditions of Use

§ 1 Scope of Validity

(1) These general terms and conditions apply between the purchaser (hereinafter referred to as “customer“) and Alexander Seidel Coiffure GmbH & Co. KG, represented by managing director Alexander Seidel (hereinafter referred to as “seller“) only, unless they have been changed by deviating agreement between the contracting parties. Deviating conditions imposed by the customer shall be of no effect. This also applies if suchlike are referred to upon conclusion of the contract and are not expressly contradicted by the seller.

 

(2) Contractional declarations of intention shall be submitted to the seller by persons who are at least 18 years old.

 

(3) Changes to these general terms and conditions are communicated to the customer in writing, by telefax or via e-mail. Should the customer not object to the alterations within 4 weeks then the alterations are regarded as accepted. The purchaser will be informed in specific writing of the right of revocation and the legal consequences of not objecting.



§ 2 Conclusion of Contract at the Online Shop

(1)The offering of goods on the seller's websites does not represent any obligatory offer. Only by placing an oder of a good a firm offer is created by the customer in accordance with § 145 BGB (German Civil Code).

 

(2) The contract comes into existence upon receipt of the e-mail confirmation.

 

(3) The seller saves the text of the contract and e-mails the order data as well as these general terms and conditions to the customer. The GTC may be viewed here (Our GTC) by the customer at any time. The customer can view his or her orders at the login area.



§ 3 Prices

(1) The prices of the respective goods are final prices and include the statutory value-added tax (19%) and other price components.

 

(2) The mentioned prices do not include packaging and shipping costs. These are additional costs and are to be payed by the customer. The amount of packaging and shipping costs is based upon the statements given in connection with the specific offer. We would like to point out that for shipment abroad there may be higher costs, customs dues, commissions and other such items.



§ 4 Terms of Payment

(1) The payment options available to the customer are (unless expressly agreed otherwise) the ones stated in the specific offer: bank payment in advance, via PayPal, by credit card, by cash on delivery (plus stated COD charge).

 

(2) The purchase price is due at the time of the conclusion of the contract. In case of payment by direct debit transfer or by credit card the payment is being charged to the customer's acount upon conclusion of the order. If payment on delivery is selected, the customer is obliged to pay the purchase price upon delivery of goods. In case of refusing this, the customer gets automatically into delay of payment. In case of payment by bank transfer, the customer receives a request for payment by the seller. If the purchase price is not or not completely credited to the seller's account within 10 days after receipt of the request for payment, the customer gets into delay of payment without further explanation.

 

(3) In the case of delay of payment, interest on arrears will be charged at 5 % per year (for consumers) above the applicable base rate published in the Bundesanzeiger. The seller retains the right to prove and assert a higher loss due to delay of payment.

 

(4) The customer is not entitled to withhold payments because of counterclaims or offset it against counterclaims, unless these counterclaims have been accepted by the seller or have been established by court.



§ 5 Terms of Delivery

(1) Delivery of goods will be made to the delivery address stated by the costumer - if not agreed upon otherwise. The customer assures to have stated the correct and complete delivery address when placing the order. In the case of incorrect statements, the customer has to bear the resulting additional costs.

 

(2) Insofar as there are no other statements made in connection with the specific offer, the time of delivery will be 1 to 3 workdays after complete payment of the purchase price plus packaging and shipping costs.

 

(3) Events of force majeure entitle the seller to postpone the shipment for the duration of the obstruction. If these events permanently, however for a minimum period of 3 months, prevent the seller from delivering the goods, the seller will be released from its obligation to deliver. In this case, the customer will be informed immediately and all payments, that possibly have been made in advance, will be returned. Included in the concept of force majeure are all circumstances which the seller does not have to account for and which make delivering the goods impossible or significantly impede it, e. g. legal strike or legal lockout, war, prohibitions on imports or exports, shortage of energy or raw materials as well as non-punctual self supply which the seller does not have to account for - providing that the seller has concluded a specific hedging transaction.

 

(4) If delivery of the goods is not made or not made according to the terms of the contract, the customer has to allow the seller a grace period of at least two weeks. Following the futile expiration of such grace period, the customer shall be entitled to rescind the contract.



§ 6 Reservation of Ownership

(1) The goods delivered remain property of the seller until full payment has been received. Until then, the customer is obligated to take proper care of the goods and all accompanying materials.

 

(2) In the case of the customer reselling the goods before payment has been made in full, receivables against a third party are assigned to the seller until settlement of receivables. The seller accepts this assignment.



§ 7 Cancellation Policy

(1) Right of Revocation:

You have the right to cancel your declaration of contract without stating a reason within 14 days in written form (e. g. letter, fax, e-mail) or - if you received the goods before expiry of the term - by returning the goods. The period begins upon receipt of this instruction in text form, but not before receipt of the goods at the receiver (in the recurring supply of similar goods before receipt of the first partial delivery) nor before the fulfilment of our duties to furnish information according to article 246 § 2 in conjunction with § 1 section 1 and 2 EGBGB and our duties according to § 312e section 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be addressed to:

Alexander Seidel Coiffure GmbH & Co.KG
Poststraße 10
09599 Freiberg
Fax: +49 3731 22014
E-Mail: shop@alexanderseidel.com



(2) Consequences of Revocation:

In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued (e. g. interest) shall be released. Should you be partially or wholly unable to return the goods received from us – or only to do so in a deteriorated condition – you shall to this extent provide compensation accordingly. This does not apply if such deterioration is entirely attributable to their inspection – as it would have been possible for you in, for instance, a retail outlet. The duty to provide compensation can also be avoided by not making proprietary use of the goods and refraining from any action which may impair their value. Goods which can be sent by parcel shipment are to be returned at our risk. You have to bear the cost of returning if the goods ordered are in conformity with those ordered, and if the price of the items returned does not exceed an amount of 40 Euros or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In all other cases return delivery is free of charge for you. Goods that cannot be shipped as a parcel will be picked up at your premises. You shall meet any obligation prerequisite for the reimbursement of payments within 30 days. For you, the period begins upon dispatch of your statement of revocation or of the goods, for us, upon reception thereof.

End of Cancellation Policy

(3) In the case that you make use of your right of revocation (see cancellation policy), you shall bear the regular costs for the return of the goods if the delivered goods match with the ordered goods and if the value of the goods to be returned does not exceed 40,- Euro or if you at a higher price of the good have not rendered the trade-off or the contractual agreed partial payment at the time of the countermand. Otherwise, returning the goods is free of charge for you.



§ 8 Warranty

(1) The statutory warranty period is 2 years. It commences upon delivery of the goods to the customer. During this time, deficiencies within the scope of statutory warranty will be remedied free of charge. Claim is initially limited to subsequent performance. In derogation of this provision, in case of delivery of used goods, there also is a statutory period of limitation of two years from the date of delivery for claims for damages resulting from a violation of life, body or health, as well as claims for damages caused by a violation of duty committed in an intentional or grossly negligent way by ourselves or auxiliary persons of ours.

 

(2) If the goods turn out to be deficient the customer is entitled at his own option to demand subsequent performance by rectification of the deficiency or the delivery of faultless goods. The seller may refuse the selected type of supplementary performance if it is only possible at disproportionate expense.

 

(3) If a supplementary performance by the seller fails twice, the seller refuses both alternatives of subsequent performance or if the seller fails to fulfil the supplementary performance within a reasonable term fixed by the customer, the customer shall be entitled to rescind the contract, reduce the purchase price, claim damages or to demand compensation for his/her futile expenditure. In case of the customer claiming damages, the limitation of liability of the seller stipulated in § 9 of these general terms and conditions shall apply.

 

(4) Excluded from the warranty are damages resulting from natural wear and tear, improper use or handling or lack of care resp. incorrect care.



§ 9 Liability

(1) The seller is only liable for intention and negligence; this also applies with respect to subcontractors and legal representatives. This restriction shall not apply as far as rights are affected which, according to contents and purpose of the contract, are precisely to be granted to the customer as well as obligations with which compliance is required in order to make due performance of the contract initially possible and with which the customer can usually expect compliance.

 

(2) In case of slight negligence, a liability of the seller and/or its subcontractors and legal representatives for financial damages regarding indirect damage, particularly consequential harm caused by a defect, unforeseeable damages or untypical damages shall be ruled out. The regulation set out in § 9 section 1 sentence 2 apply here likewise.

 

(3) A legally prescribed no-fault liability - in particular a liability resulting from product liability law – or a liability resulting from warranty is not affected by the above restrictions of liability in accordance with § 9 section 1 sentence 2. These regulations also do not apply to the seller in case of culpable violation of life, body or health by the seller and/or its to subcontractors and legal representatives.

 

(4) The regulations form § 9 section 1 to § 9 section 3 cover all contractual and non-contractual claims which result from this agreement and/or the use of the delivered goods.

 

(5) Neither error-free nor uninterrupted data communication via the Internet can be guaranteed given the current state of technology. Therefore the seller is not liable for the continuous and uninterrupted availability of the online trading system, nor for technical and electronic errors during a sales event, on which the seller has no bearing, in particular not for a delay in processing or acceptance of offers.



§ 10 Data Privacy

(1) The seller handles the personal data of customers confidential and provides such data to third parties only insofar as it is legally allowed under the data protection law or insofar the customer itself has agreed with the dissemination.

 

(2) The seller points out that personal data of its customers are electronically processed. The data will be used solely for the purpose of performance of a contract, unless otherwise agreed.

 

(3) After performance of the contract, the data will be deleted immediately, unless its further storage is required by legislation or is agreed upon.



§ 11 Final Provisions

(1) The law of the Federal Republic of Germany under exclusion of the UN sales law applies exclusively. Imperative requirements of the state where the user has his usual residence remain unaffected.

 

(2) If the customer does not have a general place of jurisdiction in the domestic country, if the customer changes his domicile from the domestic country after having concluded the contract or if his usual residence is not known in the moment of lawsuit, the official tribunal for all controversies shall be the seller's head office in Dresden.

 

(3) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the validity of the remaining parts of these terms and conditions shall not be affected. In place of an invalid provision, a valid provision is presumed to be agreed upon by the contracting parties which corresponds closest to the economic sense and purpose of the invalid provision and has legal effect. The abovementioned regulatio shall also apply if the provisions of these terms and conditions should be found to be incomplete.





Frequently Asked Questions (FAQ)

How does the shopping cart system work?

You can non-bindingly book products by clicking on the “ADD TO SHOPPING CART“ button. Also you may view your shopping cart at any time and, should the occasion arise, remove products from your shopping cart by clicking on the “TO SHOPPING CART“ button. If you want to buy the  products in your shopping cart, click on the “CASH BOX“ button.



Do I have to register?

After choosing the products you (as a new customer) will be asked to register an to open an account. You will be requested to enter your data, whereby the mandatory fields are marked with a *. As a registered customer, you will only need to enter your e-mail address and your password for future orders.



When does my order become binding?

On the order page, you may recheck your entries. By clicking the “ORDER“ button, the order process will be completed. The process can be terminated at any time by closing the browser window. Further information, e. g. regarding methods of correction, can be found on the individual pages.



Is the text of the contract going to be saved?

We save the text of the contract. The order data and the GTC will be sent to you via e-mail. You may view your past orders in our customer login area by clicking on the “YOUR ACCOUNT“ button. You may also view the GTC at any time by visting the link “OUR GTC“.

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