General Terms and Conditions for Distance Selling of ESTEL Europe GmbH

Handelsstraße 3 – 04420 Markranstädt – GERMANY
Phone: +49 341 3929190
E-Mail: info@estel-europe.com
Web: www.estel.hair
Managing Director: Iuliia Reinsberger – Leipzig District Court HRB 32341 B
VAT ID: DE275806627

1. Scope

1.1 These General Terms and Conditions (hereinafter GTC) of ESTEL Europe GmbH (hereinafter Seller) apply to all contracts concluded by a consumer or entrepreneur (hereinafter Customer) with the Seller regarding the goods and/or services presented by the Seller in its online shop.
1.2 The seller objects to the inclusion of the customer's own terms and conditions, unless otherwise agreed.
1.3 For contracts concerning the delivery of vouchers, these GTC apply accordingly, unless something different is expressly stipulated in this regard.
1.4 Consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2. Registration

2.1 Participation in distance selling of the products and services offered in the ESTEL Europe GmbH online shop requires registration therein.
2.2 By registering and agreeing to these Terms and Conditions, the Privacy Policy, and a credit check, you can create a customer account with ESTEL Europe GmbH. Consumers within the meaning of Article 1 No. 1.4 must be of legal age to do so. Entrepreneurs within the meaning of Article 1 No. 1.5 must legitimize themselves by presenting a valid business license. There is no entitlement to a customer account.
2.3 All customers are obliged to keep their registration data up to date at all times and to update it in case of changes. The customer is responsible for providing truthful and complete information when entering personal data required for registration. They are obliged to treat personal access data confidentially and not to make it accessible to any unauthorized third party.
2.4 When registering as a consumer, you provide your name, address, a valid email address, and a password. The password must be kept confidential and must have sufficient complexity. Confirmation of the registration follows immediately after submitting the registration.
2.5 When registering as a business, you must provide the company name, the contact person's name, billing and delivery address, as well as a valid email address and telephone contact details. Furthermore, it is mandatory for new customers to submit a business license or registration. Confirmation of registration in our online shop will be provided by our customer service for businesses.
2.6 Your customer account is non-transferable and may only be used by you personally. Re-registering after the termination of your customer account by ESTEL Europe is prohibited.
2.7 We are not obligated to accept a registration or the order of a registered customer. We are also not obligated to keep our offer permanently available. Orders that have already been confirmed remain unaffected by this.
2.8 You are not authorized to maintain multiple customer accounts simultaneously. We reserve the right to delete multiple registrations and to warn or terminate customers who violate the aforementioned provisions, as well as to delete or modify content.
2.9 In your password-protected customer account, you can view your orders and the status of your ongoing orders, as well as manage your address details, payment information, and newsletter settings.
2.10 We point out that we store and process personal data of our customers in accordance with the Data Protection Act as part of the usual course of business. In this context, we refer to ourPrivacy Policy.

3. Conclusion of Contract

3.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
3.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer regarding the goods and/or services contained in the shopping cart by clicking the button "order with obligation to pay" that completes the ordering process. Furthermore, the commercial entrepreneur can also submit the offer to the seller by telephone, email, or the WhatsApp messenger service.
3.3 The seller shall promptly confirm receipt of the offer to the customer and may accept the customer's offer by email within a maximum of two business days. The contract is concluded upon the seller's acceptance email being received by the customer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
3.4 When submitting the offer via the seller's online order form, the contract text is stored by the seller and sent to the customer after the conclusion of the contract with reference to the present terms and conditions in text form (e.g., email or letter). Additionally, the contract text is archived on the seller's website and can be accessed by the customer free of charge via their password-protected customer account using the corresponding login data.
3.5 All entries as well as the customer's selected choices are displayed once again in an order summary before the binding submission of the offer or order and can be corrected there using the usual keyboard and mouse functions.
3.6 Order processing and contact are usually carried out via automated order processing and email. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

4. Right of Withdrawal

Right of Withdrawal Instruction
4.1 The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last item.
4.2 To exercise the right of withdrawal, ESTEL Europe GmbH Handelsstraße 3 in 04420 Markranstädt, Tel.: +49 341 3929190, E-Mail: customer-service@estel-europe.com must be informed of the decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). The attached model withdrawal form can be used for this purpose, but it is not mandatory.
4.3 To meet the withdrawal deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the withdrawal period expires.

Consequences of Withdrawal
4.4 If you withdraw from this contract, we will refund all payments we have received, including delivery costs (except for additional costs resulting from choosing a different type of delivery than the cheapest standard delivery offered by us), without delay and no later than 30 days from the day on which the notification of your withdrawal from this contract was received by us. For this refund, we will use the same payment method that was used in the original transaction, unless expressly agreed otherwise; in no case will fees be charged for this refund.
4.5 We may refuse the refund until we have received the goods back.
4.6 The customer must return or hand over the goods to our logistics partner without delay and in any case no later than 14 days from the day on which they informed us of the withdrawal from this contract. The address of the logistics partner will be communicated to the customer by email after the return has been registered. The deadline is met if the goods are sent before the expiry of the 14-day period.
4.7 The customer is only liable for any loss in value of the goods if this loss in value is due to handling the goods in a way that was not necessary to examine their condition, properties, and functionality.

Exclusion of the right of withdrawal
4.9 The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

General Information
4.10 Please avoid damage and contamination of the goods. Please return the goods only in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If the original packaging is no longer available, we cannot accept the product for return.

Sample cancellation form
(If you want to cancel the contract, please print out the following form and send it
filled out back to:)
ESTEL Europe GmbH – Handelsstraße 3 – 04420 Markranstädt – Germany
E-Mail: customer-service@estel-europe.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
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Ordered on (*) / received on (*):
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Customer Name*:
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Customer's address*:
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Signature of the customer* / Date:
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(*) Delete as appropriate.

5. Prices and Payment Terms

5.1 Unless otherwise stated in the seller's product description, the prices indicated for consumers are total prices including the statutory value-added tax.
5.2 Unless otherwise stated in the seller's product description, the prices quoted for entrepreneurs are net prices that do not include the statutory value-added tax.
5.3 Any additional delivery and shipping costs will be specified separately if applicable.
5.4 The total price including VAT and shipping costs will be displayed to the customer on the order summary page before placing the order.
5.5 For deliveries to countries outside the European Union, additional costs may be incurred, for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.6 The customer has the following payment options available:
a) all active payment options of our service provider Shopify International Ltd. (Shopify Payments)
b) PayPal
The respective General Terms and Conditions of the selected payment service provider apply.
5.7 The customer receives the invoices exclusively by electronic means via e-mail.
5.8 The purchase price becomes due upon conclusion of the purchase contract.

6. Delivery and Shipping Conditions

6.1 Deliveries are generally made at the customer's expense, unless otherwise agreed.
6.2 The delivery time is approximately 10 working days, unless a different delivery time is specified in our online shop or otherwise agreed. The delivery time begins upon conclusion of the contract.
6.3 If the goods are not available at the time of the order, we will inform the customer immediately. If the product is permanently unavailable, we will not accept the customer's offer to contract, so that no contract is concluded. If the goods are only temporarily unavailable, we will also inform the customer immediately.
6.4 We are entitled to make partial deliveries, provided this is not unreasonable for the buyer.
6.5 There is no minimum order value. Free products can only be ordered in conjunction with paid products.
6.6 Subject to any free shipping offers, the flat shipping fee for all orders under a total amount of 59.00 EUR within Germany is 5.95 EUR. For orders with a total amount of 59.00 EUR or more (the total amount is the invoice amount minus all discounts), delivery within Germany is free of shipping charges and will be delivered directly to the specified delivery address by our carrier. For deliveries abroad, a packaging and shipping flat fee applies for orders under a total amount of 79.00 EUR.
from 7.95 EUR. From a total amount of 79.00 EUR (the invoice amount minus is considered the total amount
(all discounts) delivery is made free of shipping charges by our carrier. If the delivery deviates from the aforementioned conditions, we reserve the right to charge individual shipping and packaging costs.
6.7 The delivery of goods is made by shipping to the delivery address provided by the customer, unless otherwise agreed.
6.8 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if the customer is not responsible for the circumstance that made delivery impossible, or if the customer was temporarily unable to accept the goods, unless the seller had announced the delivery to them within a reasonable period in advance.
6.9 Self-pickup by the customer is not possible for logistical reasons.

7. Retention of Title

7.1 If the seller advances payment, they reserve ownership of the delivered goods until the full purchase price owed has been paid.

8. Warranty

8.1 The warranty for material or legal defects of delivered goods is governed – subject to the provisions under No. 9 – by the applicable statutory regulations, in particular §§ 434 et seq. of the German Civil Code (BGB).
8.2 The customer is requested to report delivered goods with obvious transport damage to the carrier and to inform the seller accordingly. If the customer fails to do so, this shall have no effect on their statutory or contractual warranty claims.

9. Liability

9.1 We are liable to the customer according to statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, body, and health, as well as in cases of intent and gross negligence, fraudulent concealment of a defect or a guarantee assumed by us, and in accordance with the Product Liability Act.
9.2 We are also liable for slight negligence in the breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. In these cases, however, our liability is limited to compensation for foreseeable, contract-typical damage.
9.3 Furthermore, liability for damages and reimbursement of expenses – regardless of the legal grounds – is excluded.
9.4 The above provisions also apply in favor of our legal representatives and vicarious agents if claims are made directly against them.

10. Information on Online Dispute Resolution

10.1 The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. You can also reach us by email at customer-service@estel-europe.com.

11. Applicable Law

11.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. Provisions that, according to the law of the country in which the customer has their habitual residence, may not be deviated from by agreement shall remain unaffected.

12. Jurisdiction

12.1 If the customer is acting as a business, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction is
for all disputes arising from this contract, the place of business of the seller shall apply. If the customer has their place of business outside the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the aforementioned cases, the seller is in any case entitled to bring an action before the court at the customer's place of business.

13. Special Provisions

13.1 Insofar as the buyer is an entrepreneur, they must ensure that only products are sold to end consumers that are not expressly intended solely for commercial use.
13.2 The supplier guarantees the marketability of the goods in the countries where the goods are offered for sale. If the customer sells the goods outside the aforementioned territory, they are responsible for ensuring the marketability of the goods in the respective country. The supplier does not issue supplier declarations.

14. Final Provision

14.1 Should individual provisions of the General Terms and Conditions or the contracts based thereon be invalid or unenforceable, or become invalid or unenforceable subsequently, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic purpose.

15. Copyright

15.1 Please note that the contents of the online shop, especially the photographs, illustrations, and descriptions, are largely protected by copyright or trademark law. Any use of the contents beyond searching or purchasing in the online shop may infringe the rights of third parties or the rights of ESTEL Europe and its affiliated companies and may result in legal consequences, such as injunctions and claims for damages.