Terms of service

I. General Terms and Conditions

§ 1 Basic provisions

(1) These Terms and Conditions apply to contracts that you conclude with us as the supplier, Max Hoch e.K., via the website www.hair2heart.de. Unless otherwise agreed, we reject the incorporation of any terms and conditions of your own.

(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. An entrepreneur 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 a binding offer to conclude a contract via the online shopping-cart system under the conditions 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 open the shopping cart using the corresponding button in the navigation bar and make changes there at any time. After clicking “Checkout”, “Proceed to order” or a similarly labelled button and entering your personal data and the payment and shipping details, the order data is displayed in an order overview.

If you use an instant-payment system such as PayPal (Express/Plus/Checkout), Amazon Pay or Sofort, you will either be taken to the order overview in our online shop or redirected to the website of the instant-payment provider. If you are redirected, you make the relevant selections and enter your details there. The order data is then displayed as an order overview on the provider’s website or after you have been redirected back to our online shop.

Before submitting the order, you can review and change the information in the order overview, including by using your browser’s “Back” function, or cancel the order. By submitting the order using the corresponding button, such as “order with obligation to pay”, “buy”, “buy now”, “pay” or a similar designation, you legally accept the offer and the contract is concluded.

(4) Your requests for an offer are non-binding. We will send you a binding offer in text form, for example by email, which you may accept within five days unless a different period is stated in the offer.

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place partly automatically by email. You must therefore ensure that the email address you provide is correct, that receipt of emails is technically possible and, in particular, that emails are not blocked by spam filters.

§ 3 Special agreements concerning the offered payment methods

(1) Payment via Klarna
In cooperation with 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:

The use of invoice, financing and/or direct debit is subject to a positive credit assessment. For this purpose, we forward your data to Klarna during the initiation and processing of the purchase agreement for address and creditworthiness checks. We can offer only those payment methods that are available on the basis of the credit-assessment result. Further information about Klarna and Klarna’s terms of use for Germany is available 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 through PayPal or PayPal Checkout, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). The individual PayPal payment methods are displayed on our website and during checkout. PayPal may use additional payment services; where special payment terms apply, you will be informed separately. Further information is available at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via Mollie
If you select a payment method offered through Mollie, payment is processed by Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, the Netherlands (“Mollie”). The individual payment methods are displayed on our website and during checkout. Mollie may use additional payment services; where special payment terms apply, you will be informed separately. Further information is available at https://www.mollie.com/de.

§ 4 Right of retention and 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 an entrepreneur, 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. The goods subject to retention of title may not be pledged or transferred by way of security before ownership passes.

b) You may resell the goods in the ordinary course of business. You hereby assign to us all claims arising from the resale in the amount of the invoice value, and we accept the assignment. You remain authorised to collect the claim. 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 goods, 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 will release securities to which we are entitled insofar as their realisable value exceeds the secured claim by more than 10%. We determine which securities are released.

§ 5 Warranty

(1) The statutory rights relating to defects apply.

(2) As a consumer, you are requested to check 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 does not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is deemed agreed only if we informed you of it before you submitted your contractual declaration and the deviation was expressly and separately agreed between the parties.

(4) If you are an entrepreneur, the following applies in derogation from the above warranty provisions:

a) Only our own statements and the manufacturer’s product description are deemed agreed as the quality of the goods; other advertising, public statements and statements by the manufacturer are not.

b) In the event of defects, we provide subsequent performance at our discretion by repair or replacement. If subsequent performance fails, you may choose to demand a price reduction or withdraw from the contract. Subsequent performance is deemed to have failed after the second unsuccessful attempt unless the nature of the goods or defect or other circumstances indicate otherwise. In the event of repair, we are not required to bear additional costs caused by moving the goods to a place other than the place of performance unless this corresponds to the intended use of the goods.

c) The limitation period for defect claims is one year from delivery of the goods. This reduction does not apply to damage attributable to us resulting from injury to life, body or health, or to other damage caused intentionally or through gross negligence; where we fraudulently concealed the defect or assumed a guarantee for the quality of the item; to items used for a building in accordance with their customary purpose that caused the building to be defective; or to statutory rights of recourse that you have against us in connection with rights relating to defects.

§ 6 Choice of law, place of performance and jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of protection granted by mandatory provisions of the law of the country of their habitual residence.

(2) If you are not a consumer but a merchant, a legal entity under public law or a special fund under public law, our registered office is the place of performance and jurisdiction for all services arising from the business relationship. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual residence is unknown when proceedings are commenced. Our right to bring proceedings before another court having jurisdiction by law remains unaffected.

(3) The United Nations Convention on Contracts for the International Sale of Goods does 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 a consumer arbitration board.

2. Information on the conclusion of the contract

The technical steps leading to the conclusion of the contract, the conclusion itself and the available correction options are governed by the provisions on the “Conclusion of the contract” in Part I of these Terms and Conditions.

3. Contract language and 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, you can print or electronically save the contract data using your browser’s print function. After we receive the order, the order data, the information required by law for distance contracts and these Terms and Conditions are sent to you again by email.

3.3 For requests for offers made outside the online shopping-cart system, you receive all contract data as part of a binding offer in text form, for example by email, which you can print or save electronically.

4. Codes of conduct

4.1 We have submitted to the Händlerbund Management AG “Käufersiegel” quality criteria, available at https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services are stated in the respective offer.

6. Prices and payment terms

6.1 The prices and shipping costs stated in the respective offers are total prices and include all price components and applicable taxes.

6.2 Shipping costs are not included in the purchase price. They can be accessed using the correspondingly labelled button on our website or in the respective offer, are shown separately during checkout and must be paid by you unless free shipping has been promised.

6.3 For delivery to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or bank transfer and exchange-rate fees. These costs must be borne by you.

6.4 You must also bear bank transfer or exchange-rate fees if delivery is made to an EU Member State but payment is 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 specified for a payment method, claims for payment arising from the concluded contract are due immediately.

7. Delivery terms

7.1 The delivery terms, delivery date and any delivery restrictions are stated under a correspondingly labelled button on our website or in the respective offer.

7.2 If you are a consumer, the risk of accidental loss or accidental deterioration of the goods during shipment passes to you only when the goods are handed over to you, regardless of whether shipment is insured. This does not apply if you independently commission a carrier not designated by us or another person appointed to carry out shipment. If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the “Warranty” provisions in Part I of these Terms and Conditions.

These Terms and Conditions and Customer Information were prepared by lawyers specialising in IT law at Händlerbund and are continuously reviewed for legal compliance. Further information is available at https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.