General Terms and Conditions
(Status: 08.12.2022)
1. scope of application
1.1 These General Terms and Conditions (GTC) apply to all contractual relationships concerning products and services between you (our customer) and us, O.C. Hairsystems GmbH, based in Düsseldorf, registered in the commercial register of the Düsseldorf Local Court under HRB 88118, with registered office at Zollhof 17, 40221 Düsseldorf, represented by the managing directors Dr. Linus Deike, Alessandro Causarano and Janos Bluhm-Saffran
1.2 All agreements made between you and us result in particular from our GTC and declarations of acceptance in the form of binding appointment confirmations.
2. consulting services
Before concluding a contract, you have the option of taking advantage of the online advisory services on our website, e.g. (video) telephone product advice, free of charge.
3. conclusion of contract
3.1 The presentation and advertising of products and services on our website(www.oc-hairsystems.com) and in our [stores/studios], in social media, advertisements or other media does not constitute a binding offer to conclude a contract.
3.2 Online Shop:
3.2.1 Our online store at www.oc-haircare.com is subject to the General Terms and Conditions set out there.
3.3 Hair systems:
3.3.1 The order for one (or more) of our hair systems (O.C. NOW and O.C. CUSTOM) and associated services is placed - if necessary after prior consultation - by means of a binding appointment agreement containing the details of the products and services ordered.
3.3.2 The confirmation of the appointment and scope of services will be made available to you in digital form after you have paid the deposit following your appointment booking and constitutes a legally binding order. You are bound to the order for a period of four weeks after the appointment has been made, but no longer than 7 days before the agreed date. Otherwise, we will retain the deposit already paid as compensation for a missed appointment.
3.3.3 Our hair systems are products that are not prefabricated and for the manufacture of which an individual selection or determination by you is decisive and which are clearly tailored to your personal needs. When purchasing one of our hair systems, there is therefore no right of withdrawal in accordance with Section 7 following the individual fitting in one of our studios.
4. prices and shipping costs
4.1 All prices quoted on our website are gross prices including statutory VAT and do not include any shipping costs that may be incurred.
4.2 The shipping costs, if applicable, are indicated on our website. The price including VAT and shipping costs will also be displayed in the order form before you submit the order.
4.3 If we fulfill an order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If a partial delivery is made at your request, we will charge shipping costs for each partial delivery.
4.4 The use of discount codes on gift vouchers is not permitted. In the event that items that are offered free of charge in conjunction with a discount code are sold out during a promotion, we reserve the right to include a comparable item of the same value.
5. terms of payment
5.1 When ordering via our website, payment can be made either via PayPal, Amazon Payments, instant bank transfer, purchase on account EC/Maestro or credit card or via a direct debit authorization issued to us. In the case of purchase on account, the purchase price and shipping costs must be paid within two weeks of receipt of our invoice at the latest.
5.2 When ordering an O.C. NOW hair system, the customer must make a down payment of €250 upon conclusion of the contract in accordance with section 3.3. When ordering an O.C. CUSTOM, the customer must make a down payment of 50% upon conclusion of the contract in accordance with section 3.3. The remaining payment is to be made after the ordered hair system has been fitted on site in our studio (cutting in).
5.3 In our [Stores/Studios], payment can be made either in cash or by EC/Maestro or credit card.
5.4 You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
5.5 A right of retention may only be asserted if the counterclaim arises from the same purchase contract.
5.6 We reserve title to delivered products until the purchase price has been paid in full.
6 Dates and delivery conditions
6.1 We are entitled to make partial deliveries insofar as this is reasonable for you.
6.2 If a hair system (O.C. NOW and O.C. CUSTOM) is ordered, a binding date for cutting the ordered hair system in one of our studios is agreed as part of the conclusion of the contract in accordance with section 3.3.
6.3 In the case of orders placed via our website by customers with a place of residence or business abroad or in the event of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately.
7 Right of withdrawal and consequences
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Cancellation policy Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the (last) goods. To exercise the right to cancel, you must inform us (O.C. Hairsystems GmbH, Zollhof 17, 40221 Düsseldorf, kontakt@oc-hairsystems.com, Phone: 0211/2975-318) of your decision to cancel this contract by a clear statement, e.g. a letter sent by post, fax or e-mail. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the products to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the products before the period of fourteen days has expired. You bear the direct costs of returning the products. You only have to pay for any loss in value of the products if this loss in value is due to handling by you that is not necessary to check the condition, properties and functionality of the products. |
8. warranty
8.1 Upon delivery/cutting of our hair systems, you will receive on-site training and access to a digital platform with instructions and instructions for proper use. A hair system, in particular O.C. CUSTOM, is personally made for you according to your specifications. Our hair systems have a maximum shelf life of four months from delivery/cutting.
8.2 To ensure the proper functioning of the hair system, it is necessary that you follow the care and application instructions and use only our care products or those approved by us for the application of the system.
8.3 In the event of material defects or defects of title in the products delivered by us or in the event of material defects or defects of title in the services provided by us, the statutory provisions, in particular §§ 434 et seq. BGB (if applicable via § 650 BGB) and §§ 633 ff. BGB.
8.4 The limitation period for claims based on material defects or defects of title of the products delivered by us is two years and begins with the handover of the products. The limitation period for claims based on material defects or defects of title of the services provided by us is one year and begins with the acceptance of the work or with a point in time that is legally equivalent to acceptance. The statutory limitation period shall apply to claims under clause 9.1.
9. liability
9.1 We shall be liable for all damages resulting from injury to life, body or health and caused by us, our representatives or agents due to willful or negligent misconduct as well as due to mandatory statutory provisions.
9.2 Otherwise, we shall only be liable for damages caused by intentional or grossly negligent misconduct by us, our representatives or agents.
9.3 We shall be liable in accordance with the statutory provisions for damages based on the intentional or negligent breach of an essential contractual obligation or cardinal obligation by us, our representatives or agents; in the case of simple negligence, however, liability shall be limited to the damage foreseeable and typically occurring at the time of conclusion of the contract. An essential contractual obligation or cardinal obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely.
9.4 Any further liability on the basis of any guarantees issued by us remains unaffected by this. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the products.
10. data protection
10.1 We may only process and store the data relating to the respective orders within the framework of the applicable statutory provisions. The details can be found in the privacy policy available on our website.
10.2 We welcome every interested party/customer. However, as the data protection laws have special regulations for the processing of personal data of children, a minimum age of 16 years applies to the registration for our newsletter, with the exception of customers from Austria, where the minimum age is 14 years (see also Article 8 EU GDPR). Acceptance of the GTC confirms that the minimum age has been reached.
11 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
12. contract language and contract text storage
12.1 The language available for the conclusion of the contract is German.
12.2 We save the text of the contract and send you the order data and our GTC by e-mail. You can also view the GTC here on this website at any time. For security reasons, your past orders are no longer accessible via the Internet.
13. dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
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