General Terms and Conditions

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of the company Afro American Hair & Cosmetic Shop Viossi Madja (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller in respect of the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

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

1.4 Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods in the form of a one-off delivery or the purchase of goods in the form of a permanent delivery (hereinafter “subscription contract”). In the case of a subscription contract, the Seller undertakes to deliver the goods owed under the contract to the Customer for the duration of the agreed contract term at the contractually owed intervals.

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 to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, in which case receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

Where several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end 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 a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “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 using a payment method offered by PayPal that can be selected in the online ordering process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller will not make the contract text available beyond this. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

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

2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address they provide for order processing is correct so that the 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 withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of money if delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The payment option(s) are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which it makes advance performance towards the Customer (e.g. purchase on account or payment by instalments), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check on the basis of the customer data transmitted. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credit notes, even in the event of an assignment of claims.

4.6 If a payment method offered via the payment service “Stripe” is selected, payment processing takes place via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, about which the Customer will be informed separately. Further information about Stripe can be found on the internet at https://stripe.com/de.

4.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method if the credit check is negative.

5) Delivery and shipping conditions

5.1 If the Seller offers shipment of the goods, delivery takes place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive. By way of derogation, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of return shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision in the Seller’s withdrawal policy applies to the return shipping costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold passes only upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer in the case of consumers as soon as the Seller has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, provided that the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated 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-supply. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will 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 informed without delay and the consideration reimbursed without delay.

5.5 Collection in person is not possible for logistical reasons.

6) Contract term and termination of contract for subscription contracts

6.1 Subscription contracts are concluded for an indefinite period and may be terminated by the Customer with effect from the end of any month.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Cancellation may be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation option provided by the Seller on its website (cancellation button).

7) Retention of title

If the Seller makes advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 Unless otherwise provided in the following provisions, the provisions of statutory liability for defects apply. By way of derogation from this, the following applies to contracts for the delivery of goods:

8.2 If the Customer acts as an entrepreneur,

• by sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, in which case receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

8.4 For entrepreneurs, the statutory limitation periods for any statutory rights of recourse that may exist remain unaffected.

8.5 If the Customer acts as a merchant within the meaning of Sec. 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects pursuant to Sec. 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

9) Applicable law

9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

10) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to bring proceedings before the court at the Customer’s registered office.

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

This English version is provided for convenience only. In the event of any discrepancy, the German version of these terms and conditions shall prevail.