General Terms and Conditions

Hairdreams Haarhandels GmbH, Floraquellweg 9, 8051 Graz, Austria

• 1 Applicability/general information

The following provisions regulate - in the version valid on the day of ordering - the contract relationship between Hairdreams Haarhandels GmbH (hereinafter “Hairdreams”) and you as the customer, in addition to the legal regulations.

With the sending of the ordered goods, you as a customer, not acting within the exertion of your commercial or independent professional activity but ordering goods for private use (“consumer” as defined by § 1 par. 1 Consumer Protection Act) are receiving the revocation information contained in these General Terms and Conditions once again as a separate document. On our homepage you also have the possibility to download and/or print out the contract provisions, including these General Terms and Conditions, as well as the consumer protection information, by clicking on the designated fields.

Deviating General Terms and Conditions of the customer are not recognised by Hairdreams, unless Hairdreams explicitly agrees to their validity beforehand in writing.
With your order, you as the customer acknowledge the following General Terms and Conditions.

• 2 Offers

(1) The products we sell and their significant characteristics can be viewed on our current product pages on our homepage under www.shop.hairdreams.com Depending on the quality and setting of your monitor, your graphics card, your printer and other hardware and software that you use to display the product pages of our homepage, the colour and the form of the displayed products may vary slightly from their actual appearance.

(2) The presentation of the product range on the product pages of our homepage does not constitute a legally binding offer. With the updating of our Internet offer, the previous products may no longer be available or not at the previously stated conditions.

(3) Until the legally binding acceptance of your order, we reserve the right to decline your offer in case of non-availability of the ordered goods. In this case, we will inform you without delay of the non-availability and immediately reimburse any payments already made. In case of item changes in terms of colour and design, printing mistakes and errors, as well as technical improvements, we reserve the right to offer you a product of equal value in quality and price.

• 3 Contract partner, order possibilities and contract conclusion

(1) Your contract partner is Hairdreams Haarhandels GmbH, Floraquellweg 9, 8051 Graz, Austria, telephone: +43/316-6057 1 + the 1st number of your postcode (Germany): +43/316-6057777 + the 1st number of your postcode, fax (Austria and Switzerland): +43/316/6057777 8, E-mail: crm@hairdreams.com, company register number: FN 109447b State Court for ZRS Graz, VAT ID number ATU37443101.

(2) The purchase contract between you and Hairdreams only comes into effect through the acceptance of your order on the part of Hairdreams. Orders are accepted only for deliveries to Austria, Germany, France, Belgium, Luxembourg, Spain, the Netherlands, Poland and the United Kingdom . Orders for delivery to other countries are not accepted. Your order can be placed online after prior registration on our homepage (www.shop.hairdreams.com) by filling in and sending the order form provided (for the possibilities of identifying and correcting entry errors before confirming the order, see § 4). Receipt of your order is confirmed to you electronically immediately.
We accept your order to deliver the goods as long as the ordered goods are available. If Hairdreams cannot accept your offer, you will be informed without delay and any payments you have already made will be reimbursed immediately.

(3) If the customer is purchasing our goods for the practice of their commercial or independent professional activity (“company” as defined by § 1 UGB), the risk is transferred to the customer upon conferral to the company providing the shipping.

• 4 Identification and correction of entry errors for online orders

When you have added all the required articles to your order, you access your article overview through the shopping basket symbol. Here there is the possibility to change the quantities or to remove articles completely from your order. In the next step, the personal data necessary for the order procedure is requested. By agreeing to the General Terms and Conditions, you reach the last step of the order procedure. Here you receive an overview of your selected articles, the total price of your order, as well as all the delivery and payment method details. Check all details carefully for any entering errors. For a correction, use the back button next to the details to be amended. If all the details are correct, click on “Order with payment liability”. The order procedure is then completed

• 5 Prices and shopping costs
• The prices stated on our current product pages on our homepage at the time of your order apply. The sums represent total prices that include all taxes and packaging costs. Price errors excepted. If the correct price is higher, you will be contacted; a contract is only concluded in such a case if you want to purchase at that price. If the correct price is lower, then this price is charged. For deliveries within the EU, turnover tax is only deducted when stating the turnover tax identification number of the customer, while for deliveries outside the EU it is generally deducted.

 

2) For delivery to your delivery address, we charge the following shipping costs in addition to the purchase price. The flat-rate delivery charge for Austria, Germany, France, Italy, Belgium, Poland and Luxembourg is € 9.90 (free delivery from an order value of € 75).

The delivery charge for Spain, the Netherlands and the United Kingdom is € 13.90 (free delivery for orders over € 90).

(3) For deliveries in Switzerland, you bear all taxes and customs dues.

• 6 Delivery conditions

(1) Unless agreed otherwise, the delivery is to the address you have stated.

(2) The delivery time is around 24 hours (express delivery), if your order is received by Hairdreams by 12.00. For payments by prepayment, the delivery term starts one day after issuing the payment order to the transferring credit institute. In other cases, the delivery term starts one day after the legally binding acceptance of the order.

(3) In case of damage to the goods during transport, you must notify the damage immediately to the transport company and make the damage claim to them. Hairdreams is not liable for the culpable behaviour of third parties. This does not apply if the goods are delivered to Austria and you are a consumer.

(4) Hairdreams bears no responsibility for delivery obstructions caused by external suppliers or manufacturers. If the delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Hairdreams is not accountable, Hairdreams is entitled to withdraw fully or partially from the contract. Hairdreams will inform you of this without delay. Damage compensation claims are excluded in this case. You are informed before the start of the order process of any existing supply restrictions.

• 7 Payment

(1) We accept payment by means of credit card (Mastercard/VISA). Other means of payment are unfortunately not possible.

(2) The purchase price and the applicable shipment costs (see § 5) are due upon concluding the contract.

• 8 Retention of title

Hairdreams retains ownership of the supplied goods until full payment of the purchase price (retention of title).

• 9 Cost of returning the goods

You bear the direct costs of returning the goods, unless the supplied goods do not correspond to what you ordered

• 10 Right of revocation

If you as our customer are not acting as part of your commercial or independent professional activity but are ordering goods for private use (“consumer” as defined by § 1 par. 1 Consumer Protection Act), you are entitled to the following right of revocation:

Right of revocation

You have the right to revoke this contract within fourteen days without stating grounds.

The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken ownership of the goods or - in the case of a contract for several goods, that you (as a consumer) have ordered as part of a joint order and that are delivered separately - from the day on which you or a third party designated by you, who is not the carrier, took ownership of the last goods.

To exert your right to revocation, you must inform us,
Hairdreams Haarhandels GmbH, Floraquellweg 9, 8051 Graz, Austria, Fax (Germany): +43/316-6057777 + the 1st number of your postcode, fax (Austria and Switzerland): +43/316/6057777 E-mail: crm@hairdreams.com

by means of a clear declaration (for example a letter sent by post, a fax or an e-mail) about your decision to revoke this contract. You can use the sample template for this, but it is not mandatory.

To comply with the revocation deadline, it is sufficient that you send the notification of the exertion of the right to revocation before expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we must reimburse all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from your choosing a different means of delivery than the lowest price standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we use the same payment method you used for the original transaction, unless explicitly agreed otherwise; in no case are fees charged for this repayment. We can refuse the repayment until we have received the returned goods or until you have submitted proof that you have returned the goods, depending which is earlier.

The goods should be returned in an unused, new and resaleable condition and in their original packaging. For articles that are compromised through traces of use or whose packaging is damaged, we will charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing when returning the goods.

You must only compensate for any reduction in value of the goods if this loss in value was caused by unnecessary handling on your part for checking the quality, properties and functioning of the goods.

The right of revocation does not apply to products that were made according to specific customer wishes, that are not suitable for return due to their properties, that can spoil quickly or whose expiry date has been exceeded, as well as goods that are delivered sealed and for reasons of health protection or hygiene reasons are not suitable for return, if the seal was removed after delivery.

You must return the goods to us (Hairdreams Haarhandels GmbH, Floraquellweg 9, 8051 Graz, Austria) without delay and in any case at the latest within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before expiry of the period of fourteen days.

You bear the direct cost of returning the goods.

. - End of the revocation information -

• 11 Warranty / liability

(1) Hairdreams is liable for justified defect claims within the legal warranty framework.

It is explicitly stated that there is no warranty or liability for the achievement of a particular success or usage result of the HAIRDREAMS Stop & Grow products, as the effectiveness of the products varies from person to person. Irregular use of the HAIRDREAMS Stop & Grow products can have a negative influence on the individual usage result. It is therefore urgently recommended to use the HAIRDREAMS Stop & Grow products daily. Any warranty and damage compensation claims by the customer for damage caused by improper use of the HAIRDREAMS Stop & Grow products are excluded.

(2) If you are purchasing our goods to practice your commercial or independent professional activity (“company” as defined by § 1 UGB), Hairdreams is only liable for damages that are not to life, the body or health in the event of gross negligence or intent. The liability based on the product liability act as well as infringement of cardinal contractual duties remains unaffected.

(3) Complaints and warranty claims can be made to:
Hairdreams Haarhandels GmbH, Floraquellweg 9, 8051 Graz, fax (Germany): +43/316-6057777 + the 1st number of your postcode, fax (Austria and Switzerland): +43/316/6057777 E-mail: crm@hairdreams.com.

To facilitate our work, we kindly request a description as detailed as possible of the grounds for your claim.

• 12 Right of set-off, right of retention

(1) You may only set off if your claims have been legally confirmed and are undisputed.

(2) You are also entitled to set off against payments to us if you exert a notice of defects or counterclaims for the same purchase contract. You may only exert a right of retention if your counterclaim pertains to the same purchase contract.

 

• 13 Data privacy

The employees at Hairdreams Haarhandels GmbH are subject to the duty of confidentiality of data privacy law.

They acknowledge that the use of the data about you stated in the contract is stored and processed for the purposes of our accounting and customer evidence. The data privacy regulations of Hairdreams Haarhandels GmbH apply

The responsible party is Hairdreams Haarhandels GmbH, Floraquellweg 9, 8051 Graz, Austria. If necessary, we forward personal data to service partners and other companies involved with processing your order.

If you explicitly consent, offers specially tailored individually to your interests are set out in the customer area and/or your e-mail is used for sending such offers. You are not bound to your consent once granted and can revoke it at any time by e-mail to LD-M@hairdreams.com or by fax to: (+43) 316-6057-541.

• 14 Applicable law and place and jurisdiction for companies

If you purchase our goods within the practice of your commercial or independent professional activity (“company” as defined by § 1 UGB - Commercial Code), the contract concluded between you and Hairdreams is subject exclusively to the law of the Republic of Austria under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes resulting from and/or in connection with such a contract is Graz/Austria for both parties.

If you are a consumer in accordance with KSchG (EPA - Employment Protection Act) then the mandatory legal regulations of the state where you have your habitual residence apply to this contract.

If you are a consumer in accordance with KschG (EPA), the responsibility of the court in your place of habitual residence applies.

Alternative dispute settlement in accordance with Art. 14 par. 1 ODR-VO and § 19 AStG (Foreign Transaction Tax Act)

The European Commission provides a platform for online dispute settlement that you can find under http://ec.europa.eu/consumers/odr/. We are not obliged or willing to take part in a dispute settlement procedure before a consumer arbitration board.

• 15 Changes to the General Terms and Conditions / right to alterations

(1) Changes and additions to the contract concluded between Hairdreams and you must be in writing in order to be valid. This also applies to the waiving of the written form requirement.

(2) We are entitled to amend these General Terms and Conditions on our part insofar as it is necessary to eliminate any subsequent equivalence problems or adaptations to amended legal or technical framework conditions. We will inform you of any amendments with notification of the content of the amended provisions. The amendment becomes part of the contractual relationship if you do not object in a written or text form within six weeks of receipt of the amendment notification.

• 16 Severability clause

If one or more provisions of this business agreement is or becomes ineffective or unenforceable, the remaining provisions are unaffected. The respective provision(s) shall be replaced by effective and enforceable regulations that correspond the closest to the originally intended purpose.

• 17 Provider reference

Hairdreams Haarhandels GmbH
Floraquellweg 9, 8051 Graz, Austria
Tel: +43/316/ 60 57 1 +the 1st number of your postcode
Fax Germany: +43/316/ 605777 +the 1st number of your postcode
Fax Austria: + Switzerland: +43/316/ 605777 8
E-mail: crm@hairdreams.com

General Manager for Commercial Law: Michael Zenz

Purpose of the company: Wholesale trade in the hair cosmetics sector
Company register number: FN 109447b
State Court for ZRS Graz
Austrian Federal Economic Chamber, Styria, Austria
VAT ID: ATU 37443101