TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
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scope
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conclusion of contract
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right of withdrawal
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Prices and terms of payment
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Delivery and shipping conditions
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liability for defects
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Liability
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Governing Law, Jurisdiction
1. APPLICATION AREA
1.1 These terms and conditions of NYCE HAIR GmbH (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the seller’s online shop goods and/or services shown. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
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by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
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by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
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by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) sent. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 German, Italian, English and French are available for the conclusion of the contract.
2.8 Order processing and contact are made via email and automated order processing. The customer must ensure that the e-mail address provided by him 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 to process the order can be delivered.
3. RIGHT OF WITHDRAWAL
In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.
4. PRICES AND PAYMENT TERMS
4.1 The seller's prices include statutory sales tax and other price components. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 Various payment options are available to the customer, which are specified in the seller's online shop.
4.3 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
4.4 If you select the "PayPal" payment method, the payment will be processed via the payment service provider PayPal (Europe) S.àr.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This presupposes, among other things, that the customer opens a PayPal account or already has such an account.
5. DELIVERY AND SHIPPING CONDITIONS
5.1 The delivery of goods takes place regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
5.3 Basically, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are handed over for shipping or when they are handed over to the transport person commissioned.
5.4 "Click and Care pickup" The customer even has the option at HAIRCARESTORE.CH (after receiving the confirmation email that the goods are ready) on the same Pick up the popular hair care product on the day and take it with you immediately to enjoy PerfectHair on the same day!
6. LIABILITY FOR DEFECTS
Warranty claims against the seller are excluded.
7. LIABILITY
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
7.1 The seller is fully liable for any legal reason
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in the event of intent or gross negligence,
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in the event of negligent or intentional injury to life, limb or health,
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on the basis of a guarantee promise, unless otherwise agreed in this regard,
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due to mandatory liability such as under the Product Liability Act.
7.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited according to Section 6.1. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
7.3 Moreover, the seller's liability is excluded.
7.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
8. APPLICABLE LAW, JURISDICTION
8.1 If the customer acts as a consumer within the meaning of Section 1.2, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods and is the exclusive place of jurisdiction for all disputes arising from this Contract of the customer's place of residence.
8.2 If the customer acts as an entrepreneur within the meaning of Section 1.2, the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller.
Geroldswil/ ZH, July 2019. _cc781905-5cde-3194 -bb3b-136bad5cf58d_ _cc781905- 5cde-3194-bb3b-136bad5cf58d_ Copyright © 2019 Copyright © 2019_cc781905-5cde-3194-bb3b-136bad5cf58d.