General Terms and Conditions
General Terms and Conditions
1.1 These General Terms and Conditions („GTC“) apply to all contracts and all distance selling transactions between us, that is to say Brigitte Hafner, Friseur & Sonnenstudio Hairpoint, and you, the „Purchaser“.
1.2 We hereby explicitly contradict any terms and conditions of the Purchaser. We do not acknowledge the terms and conditions of the Purchaser, even those governing subject matters that are not specified in our own General Terms and Conditions, unless we expressly agreed to them in writing. Our General Terms and Conditions also apply if we unconditionally transact the delivery to the Purchaser upon our knowledge of any conflicting terms or terms of the Purchaser differing from our General Terms and Conditions.
2. Coming into existence of the contract
2.1 The Purchaser orders the designated products centrally via our Web site. Orders can be submitted using the form available on the Web site.
2.2 By placing an order, the Purchaser submits a quote in the legal sense. The purchase contract comes into force upon our delivery of the ordered products to the Purchaser.
3. Order refusal
3.1 Brigitte Hafner, Friseur & Sonnenstudio Hairpoint may choose not to accept online orders. The final decision is at the sole discretion of Brigitte Hafner, Friseur & Sonnenstudio Hairpoint. If an online order cannot be executed, the Purchaser will be informed immediately.
3.2 Brigitte Hafner, Friseur & Sonnenstudio Hairpoint reserves the right to send only household quantities. The Purchaser is notified immediately if his/her order exceeds this amount.
4.1 The Purchaser is entitled to cancel the distance selling contract within seven days – without stating any reasons – or to withdraw any distance selling contract declaration, where Saturday does not count as a business day. The withdrawal time limit begins on the day the ordered products are received by the Purchaser. Punctual dispatch of the notice of withdrawal or cancellation suffices to comply with the time limit. The notice of withdrawal must be addressed to: email@example.com
4.2 We are entitled to withdraw from the contract in case of delivery problems of our supplier. This will be communicated to the Purchaser immediately.
4.3 In the case of a valid withdrawal by one of the parties, any supplies received by either party are to be reimbursed and any benefit derived (e.g. interest) is to be returned if need be. The Purchaser shall have no right of retention. Furthermore, the Purchaser must carry any direct expenses for the return of the ordered products.
If an order is carried out on Monday to Friday before 12 o’clock (noon), the products will generally be dispatched on the same day. If the order is placed outside the indicated time or on a Saturday, Sunday or a public holiday, the products will generally be dispatched on the next business day. The ordered products are delivered at the latest within 30 days after receipt of order. We are under no obligation to deliver the ordered products if they are not part of our product range at the time of ordering. Any claims of the Purchaser due to the impossibility to fulfil the contract are excluded. If ordered products belonging to our portfolio are not in stock, either in part or in whole, the delivery time shall be extended by the time needed to buy the products.
6. Consideration and payment methods
6.1 All list prices are specified in euros including value added tax.
6.2 Payments can be made by credit card or in advance.
6.3 The Purchaser undertakes to ensure timely and full payment of the products. Any setoff of Purchaser claims against Brigitte Hafner, Friseur & Sonnenstudio Hairpoint is not admissible.
6.4 In case of default, we reserve the right to charge default interest at the statutory rate as well as reminder charges.
7. Reservation of title
All delivered products remain the property of Brigitte Hafner, Friseur & Sonnenstudio Hairpoint until full payment of the purchase price, including all extra charges, and until fulfilment of all other obligations arising from the overall business relationship.
8. Privacy statement
The Purchaser hereby agrees that Brigitte Hafner, Friseur & Sonnenstudio Hairpoint and her agents may use his/her personal data, like first name, last name, postcode, address, telephone number, fax number, e-mail address, Internet address, date of birth, and bank details for the purpose of completing the transaction and performing contractual obligations, and that his/her personal data may be determined electronically, stored, processed and otherwise used to send him/her electronic mail for advertising purposes; the Purchaser may withdraw his/her consent at any time.
9. Warranty and liability
9.1 Brigitte Hafner, Friseur & Sonnenstudio Hairpoint shall be liable within the frame of legal requirements for any defects existing at delivery of the products. For consumers as defined under the Consumer Protection Act, the warranty period is 2 years from the date of surrender of the products. In case of defects, we shall have the right, at the Purchaser’s option, to remedy the defects twice or to perform additional delivery. The Purchaser shall only be entitled to a price reduction after fruitless expiry of a reasonable additional time for improvement. The Purchaser must return any defective products immediately.
9.2 For any additional claims, especially for damage claims of any kind (consequential harm caused by a defect), including loss of profits, damage caused by delay, etc., Birgit Hafner, Friseur & Sonnenstudio Hairpoint, shall only be liable in case of wilful intent or gross negligence.
9.3 Within the admissible legal framework, this liability disclaimer shall also apply to any liability under the Austrian Product Liability Act as well as to any claims against employees, organs, or agents of Brigitte Hafner, Friseur & Sonnenstudio Hairpoint.
9.4 Complaints shall not entitle the Purchaser to withhold due payments.
9.5 If the Purchaser returns contested products with damage that was caused by the Purchaser, or if the contested products are still tagged upon their return, we reserve the right to charge a processing fee of 10% of the product value. This shall not affect the right of the Purchaser to prove that lesser damage was caused.
9.6 Brigitte Hafner, Friseur & Sonnenstudio Hairpoint shall not accept liability for technical disruptions while operating the online shop. We also reserve the right to suspend operations, without prejudice to the proper processing of already completed transactions.
10. Selective distribution
Completed deliveries shall not result in any future delivery obligations on our part.
11. Shipping costs
11.1 A flat shipping cost of EUR 4.50 is charged for a net order value below EUR 30.00 in Austria and Germany; shipping is free from and above a net order value of EUR 30.00 in Austria and Germany