Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Max Hoch e.K.) via the website www.hair2heart.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A trader is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) By listing the respective product on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system under the terms stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or a similar designation) and entering your personal data as well as the payment and shipping terms, the order details will finally be displayed to you as an order summary.
If you use an instant payment system as the payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order summary page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order details will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review and change the information in the order summary again (including by using the "back" function of your internet browser) or to cancel the order.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by email, partly in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, is not prevented by spam filters.
§ 3 Special Agreements on the Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:
- Invoice (“Pay Later”): Klarna’s invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
- Instalment purchase (“Financing”): Further information on instalment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms for the “Pay in 3 instalments” payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
- Direct debit („Pay Now“)
- Credit card ("Pay Now")
- Instant bank transfer („Pay Now“)
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit assessment. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit assessment.
Further information about Klarna and Klarna’s terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal"). The individual payment methods available via "PayPal" are displayed under a correspondingly labelled button on our website and during the online ordering process. "PayPal" may use other payment services to process the payment; where special payment terms apply, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via "Mollie"
§ 4 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a trader, the following additionally applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring ownership by way of security is not permitted before title to the goods subject to retention of title has passed.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total that arise for you from the resale, and we accept the assignment. You remain authorised to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) At your request, we undertake to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory rights relating to defects apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if we informed you of it before you submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are a trader, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty performance by repair or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy shall be deemed to have failed after an unsuccessful second attempt unless, in particular, the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
- to damage attributable to us and culpably caused by injury to life, limb or health, or to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their customary use and have caused the building to be defective;
- to statutory rights of recourse that you have against us in connection with rights relating to defects.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time legal proceedings are instituted. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Max Hoch e.K.
Flugplatzstraße 12b
97437 Haßfurt
Germany
Telephone: 095216229132
Email: info@hair2heart.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correcting entries are carried out in accordance with the provisions entitled "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German .
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system the contract data can be printed using the browser’s print function or saved electronically. After we receive the order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange-rate fees charged by financial institutions), which must be borne by you.
6.4. Costs incurred for transferring money (bank transfer or exchange-rate fees charged by financial institutions) must be borne by you in cases where delivery is made to an EU Member State but payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for immediate payment.
7. Delivery Terms
7.1. The delivery terms, delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not designated by the trader or another person appointed to carry out the shipment.
If you are a trader, delivery and shipment are made at your risk.
8. Statutory Rights Relating to Defects
Liability for defects is governed by the provision entitled "Warranty" in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by lawyers specialising in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist notices. Further information can be found at: https://www.haendlerbund.de/