General Terms & Conditions

1. Terms and Conditions

For the use of this website www.hairand.care and the business relationship between the Hair & Care AG, 8570 Weinfelden, (hereinafter referred to as "Hair & Care") and its customers, the following terms and conditions (GTC) apply when visiting the website or at the Ordering goods currently available and valid version. The offer on this website is exclusively for customers in Europe who are at least 18 years old and are not under guardianship.

A customer is any natural or legal person who has business relations with Hair & Care. The terms and conditions, the terms of delivery and payment and the privacy policy may be amended from time to time. Hair & Care asks you to read these regulations carefully each time you visit the website and with each order.

These terms and conditions apply exclusively. Any conflicting, supplementary or different terms and conditions must be expressly confirmed in writing by Hair & Care. When using this website or when ordering a product, the customer confirms that he fully accepts these terms and conditions, including the terms of delivery and payment.

The operator of this website is Broger Management Services GmbH.

2. Information on this website

www.hairand.care contains information about products and services. Price and assortment changes as well as technical changes remain reserved. All information on www.hairand.care (product descriptions, illustrations, films, material colors, dimensions, weights, technical data, accessory relationships and other information) are to be understood as approximate and, in particular, do not constitute an assurance of any characteristics or warranties, unless expressly stated otherwise , Hair & Care strives to provide all information and information on this website in the correct, complete, up-to-date and clear form. However, Hair & Care can not provide any express or implied warranty.

All offers on this website are non-binding and not to be understood as a binding offer.

Hair & Care can not guarantee that the listed products are available at the time of order. Therefore, all information on availability and delivery times without guarantee and may change at any time without notice.

www.hairand.care may provide links to other websites (hyperlinks) for the customer's simplified access to other websites. Hair & Care hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. Hair & Care has no influence on the future design, content, authorship or privacy of these websites.

3. Prices

The prices of Hair & Care are binding on both sides at the time of the order. In case of errors or omissions in pricing, Hair & Care reserves the right to make subsequent price changes. In this case, the customer is informed and is not obliged to accept the products affected by the price change.

The prices are net in the given currency and include VAT, unless otherwise stated. All shipping costs are extra, unless otherwise stated, and must be paid by the customer. Shipping costs are shown separately in the order process.

Technical changes, errors and misprints reserved. In particular, Hair & Care may make price changes at any time without prior notice. The selling prices do not include consulting and support services.

4.Contract conclusion

The offers on this website are a non-binding invitation to the customer to order Hair & Care products and / or services. With the order via this website including the acceptance of these terms and conditions and by clicking on the button "order to pay", the customer makes a legally binding offer to conclude the contract. Hair & Care then sends an automatic "order confirmation" via email, which confirms that the customer's offer has been received by Hair & Care. Orders placed are binding on the customer. Unless otherwise stated, there is no right of return.

With the order, the customer confirms that he is at least 18 years old.

A maximum of one voucher can be redeemed per order. At the end of the order process, the coupon code will be entered in the field provided. The corresponding amount will be deducted directly from the current order. Vouchers that exceed the order amount can not be refunded.

The contract is concluded as soon as Hair & Care sends an acceptance declaration by email confirming the shipment of the ordered products or services.
Orders are only delivered after complete receipt of payment (exception: delivery against invoice) and if the goods are available. If, after conclusion of the contract, the ordered goods can not be delivered or not delivered in full, Hair & Care is entitled to withdraw from the entire contract or from a contract part. If the customer's payment has already been received by Hair & Care, the payment will be refunded to the customer. If no payment has been made, the customer is exempted from the obligation to pay. Hair & Care is not obligated to substitute deliveries in case of contract termination.

5. Payment options, payment and retention of title

The customer has the following payment options available:

I) Payment in advance: The customer transfers the invoice amount to the bank account of Hair & Care after receipt of the email order confirmation. The order number must be specified in the intended use. In addition, different orders must be transferred separately. Once the payment has been received by Hair & Care, the delivery will be shipped. Depending on the bank, it takes 1-4 working days to receive payment. The goods ordered by the customer remain reserved for him until receipt of payment, but not more than 7 days.

Hair & Care bank account:
Payee:
Hair & Care AG, Frauenfelderstrasse 40, 8570 Weinfelden
Bank: Thurgauer Kantonalbank, 8570 Weinfelden, Switzerland; IBAN: CH07 0078 4295 6272 9200 2
BIC / Swift: KBTG CH22; Bank Code: 784; Account number: 2956.2729.2002

II) Payment by cash on delivery: The customer pays on receipt of the delivery. In addition to the shipping costs, a COD fee of CHF 15 will be charged.
III) Paypal
IV) We accept credit cards with the MasterCard or Visa logo. For security, all transactions are encrypted. If the transaction is unsuccessful, the order will be canceled. If you have any questions about this topic, please contact your bank or credit card provider.

Hair & Care reserves the right to exclude customers from individual payment options or to insist on prepayment without giving reasons. For new customers or existing customers, a credit check can be carried out at any time.
The costs of the payment transactions are charged to the customer.

If on the website at the order delivery against invoice is specified as an option, the payment period per shipment is 10 days. Hair & Care can charge default interest of 5% per annum as well as a reminder fee of max. CHF 20.- per reminder in case of default of the customer. Hair & Care reserves the right to assign or pledge all payment claims incurred in connection with the delivery of goods, including all payment installments, for the purpose of collection to third parties, dunning fees and default interest.

The products delivered to the customer remain the property of Hair & Care until full payment.

6.Delivery

The customer has the choice between shipping by A- or B-Post. The shipping costs to be paid by the customer are shown separately.

7.Delivery times

The delivery times indicated in the webshop are only indicative. Although the shipping policy stipulates that Hair & Care will ship the products on the day of receipt of payment or confirmation of payment by the credit card provider, if possible. Depending on the shipping method, the customer should normally receive the products at A-Post within 1 to 2 working days and at B-Post within 2 to 5 days after receipt of payment. For goods that can not be delivered from stock, the time of delivery may be delayed up to 7 weeks as the products are imported overseas. Hair & Care can only be held liable for delays in delivery and their consequences insofar as these were caused by gross negligence or willful breach of contract by Hair & Care. Hair & Care assumes no liability for any other delays in delivery and their consequences, including delays caused by the Post, Hair & Care suppliers or other third parties.

8.Delivery, inspection obligation

Deliveries will be sent by post or courier service to the address specified by the customer in the order. The complete and correct indication of the delivery address is the responsibility of the customer. In case of incorrect delivery addresses by the customer a delivery may not be possible, so that Hair & Care can refrain from the delivery of the product without any claims for damages or compensation.
Hair & Care delivers goods and vouchers exclusively to Europe.

If the delivery is undeliverable or the customer refuses to accept the delivery, Hair & Care can resolve the contract by e-mail to the customer after setting a notice of defects and setting an appropriate deadline and charge the costs for the activities. Invoicing is done by email or by post.
With the dispatch the use and risk are transferred to the customer, as far as this is legally permissible.

The customer is obliged to check the delivered goods immediately after receipt of the delivery and to make any defects for which Hair & Care warrants immediately in writing by letter or email to the address in the (> Contact) advertisement.

9.Retouren, wrong delivery, notice of defects

If the delivery does not correspond to the order (erroneously delivered or too many items) or has defects, the unused products in the original packaging can be returned no later than within 10 days. All items that are not returned within this time will be billed.

Returns to Hair & Care are at the expense and risk of the customer. The customer has to send the goods undamaged, in original packaging, complete with all accessories, not soiled, unused and together with the delivery note and a detailed description of any defects to the return address indicated by Hair & Care in (> Contact).

The already paid purchase price will be refunded within 30 calendar days to the customer resp. credited to the credit card used, provided that Hair & Care has already received the goods back or the customer can provide a proof of shipment.

If the examination by Hair & Care reveals that the goods have no identifiable defects or are not covered by the manufacturer's guarantee, Hair & Care can bill the customer for the work, the return or the possible disposal.

10.Withdrawal

The customer is granted a right of withdrawal for 10 calendar days after delivery of the goods. The deadline is considered met if the customer sends the written revocation by email (> contact) to Hair & Care within the deadline. The revocation does not require justification.

The exercise of the right of withdrawal leads to a reversal of the contract. The customer has to return the goods undamaged, in original packaging, complete with all accessories, not soiled, unused and together with the delivery note to the return address indicated by Hair & Care in (> contact). Returns to Hair & Care are at the expense and risk of the customer. Any payment already made will be reimbursed to the customer within 30 calendar days, provided that Hair & Care has already received the goods back or the customer can provide a proof of shipment.

Hair & Care reserves the right to demand reasonable compensation for damages, excessive wear or loss of value due to improper handling and to deduct the impairment from the purchase price already paid or to charge the customer.

In the following cases no right of revocation is granted:
If the contract has a random element, namely because the price is subject to fluctuations over which the offerer has no influence.
If the contract relates to a movable item which by its nature is not fit for return or can spoil quickly;
If the contract relates to a movable item that is manufactured according to the consumer's specifications or clearly tailored to personal needs;
If the contract relates to digital content and such content is not made available on a hard disk or if the contract is to be fully complied with immediately by both parties;
If the contract is for a service and the contract is to be fully fulfilled by the provider with the prior express consent of the consumer before the withdrawal period has expired.
In the areas of accommodation, transportation, delivery of food and beverages and leisure activities, when the contractor undertakes to provide the services at a certain time or within a specified period of time.

11.Warranty and product liability

Hair & Care endeavors to deliver goods of impeccable quality. Further claims are excluded.

Products that were damaged on delivery will be repaired or replaced by Hair & Care if the customer informs Hair & Care by e-mail within 10 days of receipt of the goods. If Hair & Care so wishes, the customer must also immediately return the delivered products in their original packaging to Hair & Care. Furthermore, Hair & Care is liable to the customer for damages if and insofar as such a liability of Hair & Care necessarily results from the Product Liability Act. Any further warranty for the delivered products and any liability for damages caused by these products is excluded, unless Hair & Care has fraudulently concealed the product defects in question.

However, if Hair & Care can assert further warranty claims against its suppliers for the product in question, Hair & Care will, as far as possible, assign these claims to the latter upon request of the customer. But Hair & Care does not assume any responsibility for ensuring that these claims can be successfully enforced.

The same applies to any claims that Hair & Care has against Swiss Post for damages incurred during transport.

In particular, Hair & Care does not warrant that the products are suitable for the use intended by the customer or that they produce a specific result. The warranty does not cover normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as deficiencies due to external circumstances.

It is not possible for Hair & Care to make any representations or warranties regarding the up-to-dateness, completeness and correctness of the data as well as for the permanent or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, neither is it guaranteed nor guaranteed that the use of the website does not infringe rights of third parties that are not in the possession of Hair & Care.

12.Liability

Liability for product defects or damages caused by such defects shall be governed exclusively by paragraph 11. For damages resulting from late delivery, only paragraph 7 shall prevail. Furthermore, Hair & Care excludes all liability, regardless of its legal grounds, as well as claims for damages against Hair & Care and any assistants and vicarious agents. In particular, Hair & Care is not liable for indirect damages and consequential damages, loss of profits, other personal, property and pure financial losses of the customer, claims for damages due to impossibility of performance, non-performance and tort.

Also for material or ideal damages, which are due to the use, incompleteness or the (non-) availability of the website www.hairand.care, no liability can be assumed.Reserved remains a further mandatory legal liability, for example, for gross negligence or unlawful intent.

Since Hair & Care has no influence on the future design, content or authorship of linked websites, the operator of those sites alone is liable. For illegal, incorrect or incomplete contents on these foreign web pages, to which a link or reference to Hair & Care web page exists, or for foreign entries in by Hair & Care furnished guest books, discussion forums and mailing lists, Hair & Care can take no liability or other responsibility ,

Hair & Care's entire liability to its customers for any loss or damage arising out of these terms and conditions is limited to the total amount of the customer's order.

13.Data protection

The disclosure of personal or business information within www.hairand.care is expressly voluntary. Hair & Care may process and use the data included in the contract for the fulfillment of the obligations arising from the purchase contract, as well as for marketing purposes. The use and payment of all services is also permitted without providing such data or under specification of anonymized data or pseudonyms, as far as it is technically possible and reasonable. The customer can adjust his personal data at any time under "my account".

The data required for the performance of the service can also be passed on to commissioned service partners (logistics partners) or other third parties. All personal data will be treated confidentially.

The use of the contact data published in the context of contact or comparable information such as addresses, telephone numbers or email addresses by third parties for the transmission of information not expressly requested is not permitted. Hair & Care reserves the right to take legal action against senders of spam mails in case of violations of this prohibition.

14.Salvatorial clause

Should individual provisions of these GTC prove to be ineffective or unenforceable or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions.

15. Retention of title, copyright

All intellectual property rights, e.g. Trademarks and copyrights on www.hairand.care remain with Hair & Care. The use of www.hairand.care or its contents, including the copying and saving of content in whole or in part, except for personal, non-commercial purposes, is without the permission of Hair & Care not allowed.
Likewise, Hair & Care endeavors to respect the copyrights of external information used, to use self-created information (images, texts, etc.) or to resort to license-free data.

16.Other provisions

Hair & Care expressly reserves the right to change these terms and conditions at any time without notice.
In the event of disputes, only material Swiss law shall be applied, excluding conflict of law rules. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.

The jurisdiction is Weinfelden, Switzerland, unless the law provides for mandatory jurisdiction.

17.Contact

If you have questions about these terms please contact:
Hair & Care AG, Gaswerkstrasse 15, 8570 Weinfelden, Switzerland, shop@hairand.care
 
(Version, 26.02.18)