GENERAL TERMS AND CONDITIONS
OF UNITED SALON TECHNOLOGIES GMBH FOR THE UST ONLINE SHOPS
Status: July 1, 2018
1 SCOPE OF APPLICATION
1.1 For the business relationship between United Salon Technologies GmbH (hereinafter referred to as "UST") and the customer (hereinafter referred to as the "purchaser"), the following General Terms and Conditions (hereafter referred to as "GTC") apply in their version valid at the time of the order. Deviating terms and conditions of the purchaser are not recognized by UST without the expressed written consent.
1.2 The purchaser is a consumer, as far as the purpose of the ordered deliveries cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with a legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.
2 CONCLUSION OF A CONTRACT
2.2 UST does not offer products for sale by minors.
2.3 All products are only sold in normal household quantities. This refers both to the number of products ordered as part of an order and to the submission of multiple orders for the same product, where each order includes a common household quantity.
2.4 Before the order is placed, the purchaser can return to the website by pressing the "Back" button, where the purchaser's details are recorded and correct input errors or cancel the ordering process by closing the Internet browser. UST confirms receipt of the order directly by an automatically generated e-mail ("order confirmation"). With this UST accepts the offer.
UST saves the contract text and sends the order data and terms and conditions to the purchaser by e-mail. The terms and conditions can be viewed at any time at: http://www.jaguar-solingen.com/agb.html. The purchaser can view past orders in his customer area under My Account -> Orders.
3 CANCELLATION POLICY
If the purchaser is a consumer within the meaning of §13 of the German Civil Code (BGB) (see also § 1, paragraph 2 of these Terms), he has the following statutory right of withdrawal:
3.1 Right of Withdrawal
The purchaser has the right to cancel the contract within fourteen days without stating the reasons. The period of revocation shall be fourteen days from the date on which the purchaser or a third party named by him, who is not the carrier, has taken possession of the goods, or - if several goods are ordered by the purchaser in a single order, delivered separately - on the day on which the purchaser or a third party designated by him, who is not the carrier, has taken possession of the last goods. In order to exercise his right of withdrawal, the purchaser must inform UST of his decision to withdraw from the contract by means of a clear statement (such as a letter sent by post, fax or e-mail). He can use the attached model withdrawal form, which is not required. The revocation must be sent to:
United Salon Technologies GmbH
Ketzberger Str. 34
In the event the withdrawal is sent by e-mail, this is to be addressed as follows:
In order to safeguard the cancellation period, it is sufficient for the purchaser to send the notification of the exercise of the right of withdrawal before the expiry of the revocation period.
3.2 Effect of the Withdrawal
If the purchaser withdraws from the contract, UST shall refund all the payments received from him, including the delivery costs (except for the additional costs arising from the fact that the customer requested a different type of delivery than offered by UST instead of the preferred form of standard delivery), immediately and no later than fourteen days from the date on which the notice of the purchaser regarding the withdrawal from the contract with UST has been received. For this repayment, UST uses the same means of payment used by the purchaser in the original transaction, unless otherwise expressly agreed with him; in no case shall the purchaser be charged for this repayment.
UST may refuse to repay it until it has received the goods back. The purchaser must return the goods to UST immediately and in any event no later than fourteen days from the date on which he informs UST of the withdrawal.
The return shipment shall be sent to the following address:
United Salon Technologies GmbH
Ketzberger Str. 34
The deadline is upheld if the purchaser returns the goods to UST immediately and in any event no later than fourteen days from the date on which he notifies UST of the withdrawal.
The following applies to the costs of the return: If the purchaser uses a return label provided by UST, the return is free of charge for him. Returns stickers can be requested at anytime from UST Customer Service (customer service@UST-shop.com). If the purchaser does not use the return label of UST, he shall pay the direct costs of the return.
– End of the withdrawal instructions –
3.3 Sample withdrawal form
If the purchaser wants to withdraw from the contract, then he can fill in the following form and return it to UST. The form is not mandatory.
· To: United Salon Technologies GmbH, Customer Service, Ketzberger Str. 34, 42653 Solingen, Germany or customer firstname.lastname@example.org
· I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
· Ordered on (*)/received on (*)
· Name of the consumer(s)
· Address of the consumer(s)
· Signature of the consumer(s) (only when notified on paper)
(*) Delete as applicable.
3.4 The withdrawal is excluded if goods are delivered that are not prefabricated, for the manufacture of which an individual selection or determination by the customer is decisive, or which are clearly tailored to the personal needs of the customer.
4 PRICES AND DELIVERY
4.1 All prices quoted in the Online Shop of UST are in euros including applicable VAT. The prices are valid at the time of the order. All prices refer to the specified piece count or quantity. In addition, shipping may still be added to the stated product prices. You can find out more about the shipping costs here.
4.2 Delivery is exclusively on a shipping route. A pickup of the goods is not possible.
4.3 Delivery takes place - unless explicitly stated otherwise on the detail page of the selected product - within 5 working days. (Monday to Friday, with the exception of public holidays in Germany) after sending the acknowledgment of receipt. The period begins with payment via bank transfer or by PayPal on the date after issuance of the payment order.
4.4 If UST is unable to deliver the ordered goods without being at fault (for example, due to force majeure or because a supplier / supplier of UST does not fulfil its contractual obligations), UST is entitled to withdraw vis-à-vis the purchaser. In this case, the purchaser will be informed immediately that the ordered product is not available and any payments already made by the purchaser will be reimbursed immediately.
4.5 If the goods are dispatched to the purchaser at the request of the purchaser, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon dispatch to the purchaser, at the latest when leaving the warehouse.
5 PAYMENT METHODS, DUE DATE AND LATE PAYMENT
5.1 The Online Shop of UST offers the following payment methods: credit card (MasterCard, VISA), PayPal, direct debit, payment in advance and cash on delivery. UST reserves the right not to provide individual payment methods or refer to other payment methods in individual cases.
5.2 With the exception of purchase by direct debit, the invoice amount is due immediately. When paying by credit card, the debiting of the invoice amount from the credit card account takes place at the time the goods are ordered.
UST regularly reviews your credit status on contracts and in certain cases where there is a legitimate interest. We cooperate with Creditreform Solingen Kirschner KG, Kuller Str. 58, 42651 Solingen, from whom we receive the necessary data. For this purpose, the name and contact details of the purchaser are transmitted to Creditreform. Further information on data processing at Creditreform can be found on the detailed information sheet "Creditreform Information" according to Art. 14 of the EU-DSGVO (see Annex 1) or at www.creditreform-ORT.de/EU-DSGVO.
5.4 For delivery on account, the purchaser is obligated to settle the invoice within 14 days after receipt of the goods. After the expiry of 14 days after receipt of the goods, the purchaser is in default without a reminder being required. If the purchaser is in default of payment, UST shall be entitled to charge a reasonable reminder fee and default interest in the amount of three percentage points above the respective base interest rate of the European Central Bank for each reminder.
6 LIABILITY FOR DEFECTS
6.1 If there is a defect in the purchased item, the statutory provisions shall apply. The assignment or transfer of these claims of the purchaser is excluded.
6.2 Unless otherwise stated below, further claims of the purchaser – regardless of the legal reasons - are excluded. UST is therefore not liable for damages that did not occur on the delivery item itself; in particular, UST is not liable for lost profits or other pecuniary losses of the purchaser. Insofar as the contractual liability of UST is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
6.3 If UST negligently violates an essential contractual obligation, the obligation to pay compensationfor property damage is limited to the typical, foreseeable damage. Significant contractual obligations are those whose fulfilment only enables the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on whose observance the purchaser regularly relies, so-called "cardinal obligations". UST is not liable for the slightly negligent violation of non-essential obligations arising from the contractual relationship.
6.4 The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence on the part of UST or if personal injury has occurred. Furthermore, it does not apply if the purchaser asserts legally regulated claims (in particular under the Product Liability Act) as well as when assuming a guarantee.
6.5 The purchaser is obliged to take appropriate measures for damage prevention and damage reduction.
6.6 In the case of supplementary performance by replacement delivery, the purchaser is obliged to return the goods delivered to UST immediately at the expense of UST. The return of the defective goods must be made in accordance with the statutory provisions. UST reserves the right to carry out the subsequent performance only after the receipt of the initially delivered goods.
6.7 UST shall not be liable for any defects in the delivered goods caused by the goods being improperly handled or altered in a manner not authorized by UST. The same applies in the event that the purchaser has not complied with the instructions on the treatment and care of the goods.
7 OFFSETTING, RETENTION
The purchaser only has the right to offset if his counterclaims have been legally established or are undisputed by UST. Furthermore, he is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
8 RETENTION OF OWNERSHIP
The delivered goods remain the property of UST until full payment of the order has been made.
9 COLLECTION, PROCESSING AND USE OF PERSONAL DATA OF OUR CUSTOMERS
10 CONSUMER DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution at the following link http://ec.europa.eu/ consumers/ odr/. In accordance with § 36 para. 1, no. 1 of the Consumer Dispute Resolution Act (VSBG), we point out that UST is neither willing nor obliged to participate in dispute settlement proceedings before consumer arbitration boards.
11 APPLICABLE LAW, PLACE OF JURISDICTION
The creation of this contract, its validity, interpretation and fulfillment is subject to the applicable laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention.