GTC

General Terms and Conditions with Client Information

(The following terms and conditions contain legal information of your rights in accordance with the contractual provisions in distance marketing and e-commerce)

1. Jurisdiction
2. Offerings and Service description
3. Transactions Process and Conclusion of Contract
4. Prices and Delivery Costs
5. Delivery, Product Availability
6. Terms of Payment
7. Title Retention
8. Warranty Coverage und Guarantee
9. Liability
10. Right of withdrawal
11. Exclusions to the right of withdrawal
12. Returns
13. Storing the Contractual text
14. Data Protection
15. Jurisdiction, applicable laws, contractual language

1. Jurisdiction

1.1. The business relationship between Pure Haircut GmbH Rosenackerstraße 58/3, A-1170 Wien (henceforth the „seller“) und the clients (henceforth „the customer“) refer exclusively to the version of the terms and conditions at the time of the order.
1.2. Our customer service is available to answer questions and respond to complaint and claims on weekdays between 09:00 – 17:00 on +43 (0)1 9346607, as well as via email at office@purehaircare.at.
1.3. Consumers who fall under these terms and conditions are individuals who have
conducted a transaction which cannot be attributed to either a commercial or a selfemployed vocational activity (§ 13 BGB).
1.4. Terms and conditions issued by the client which deviate from these terms are not recognised unless explicitly agreed to by the seller in writing.

2. Offerings and service description

2.1. The depiction of products in the online shop do not constitute a legally binding offer, instead a method by which customers can place orders. Specifications shown in the catalogues and websites of the seller do not necessitate a warranty or guarantee.
2.2. All offers are subject to availability, unless otherwise specified. In which case the text
is subject to alteration.

3. Transactions process and conclusion of contract

3.1. The customer can select any of the sellers products without restriction and place them in the online shopping basket.
3.2 Subsequently, the customer can proceed with the order via the shopping basket
(continue purchase button).
3.3. By clicking on the button titled „confirm payment“, the customer enters into a legal agreement to purchase the items in the shopping basket. At any point prior the to confirmation of the order, the customer can view and change the details of the purchase. The prerequisite information is depicted with a star (*)
3.4. The seller will then send an automatic acknowledgment of receipt by email, whereby the order of the customer is again stated and can be printed out (by using the print function). The automatic acknowledgement of receipt acts only as a confirmation that the seller has received the order and does not constitute an acceptance of the order. The contract of sale first comes into force when the seller sends/delivers the product/s within 2 days of the initial order. Alternatively, the seller can also provide an order confirmation (printable) or invoice within 2 days.
3.5. If the seller has enable a prepayment option, the contact comes into force following the delivery of the bank details and the request for payment.
If payment is not received despite the due date and a restated payment request within 10 calendar days after the order confirmation, the seller is withdrawn from the contract. Consequently, the contract is considered void and the seller has no delivery obligation, such that the order is thereby considered settled. Similarly, an advanced payment constitutes a reservation of the goods for a maximum of 10 calendar days.

4. Prices and delivery costs

4.1 All prices listed on the sellers website do not include the applicable value added tax (VAT).
4.2 Delivery costs are charged in addition to the quoted prices. Delivery costs are clearly communicated to the buyer during the ordering process and on the delivery costs page.

5. Delivery, product availability

5.1. If the product is unavailable at the time of customer purchase, the seller shall inform the customer of this in the order confirmation. If the product is unavailable for delivery for an indeterminate period of time, the seller is exempt from the declaration of acceptance, in which case a contract is not finalised.
5.2. If the specified product is temporarily unavailable, the customer will be informed by the seller immediately in the order confirmation. In the event of a delay in the delivery of greater than 2 weeks, the customer has the right to withdraw from the contract. In this case, the customer is essentially authorised to withdraw from the contract. The seller therefore will reimburse any payments made by the customer. Following the advanced payment, the delivery will occur after receipt of the invoiced balance.

6. Terms of Payment

6.1. The customer can choose from the list of available payment method prior to and during the order process.
6.2. When payment by invoice is available, the payment must be received within 30 days of receipt of the goods and invoice. For all alternative payment methods, the transfer must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g. Paypal. their terms and conditions apply.
6.4. If the due date of the payment is determined and not fulfilled by the customer, the customer is in default. In this event, the customer is required to pay a default interest amounting to 9.2% above the base rate.
6.5. The obligation of the customer to pay default interest does not exclude the claim of further default damages to the seller.
6.6. The entitlement of a customer to compensation is only valid if the claim has been legally recognised or accepted by the seller. The customer can only exercise a right of retention if the claim arises from the same contractual relationship.

7. Title Retention

The (delivered) goods remain the property of the seller until full payment has been received.

8. Warranty coverage und guarantee

8.1. The warranty is predicated upon the applicable legal regulations
8.2. A warranty exists for the goods delivered by the seller only when expressly issued

9. Liability

9.1. For a liability of the seller for damages, the following exclusions and limitations apply without infringing other statutory eligibility requirements.
9.2. The seller bears unlimited liability for damages resultant to intent or gross negligence.
9.3 Additionally, the seller is liable for any slight negligence of essential duties which result in a breach of contract by failing to fulfill its purpose or which hinder its implementation (which the customer trusts are to be carried out). Nevertheless, the seller is only liable for typical, contractual and foreseeable damages in this case. The seller is not liable for slightly negligent breaches of obligations other than those specified in the forementioned sentences.
9.4. The above limitations of liability do not apply to injury to life, limb or health arising from a defect, nor from fraudulently concealed defects, following the assumption of a guarantee for the quality of the product. Liabilities under the Product Liability Act remain intact.
9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and other agents.

10. Right of withdrawal

– Beginning of withdrawal instruction to consumers –

Withdrawal by expressly written declaration

Each customer can withdraw from the contract without providing reasons by sending a written declaration of withdrawal within 14 after receipt of the goods. It is sufficient if this written declaration is sent within this time period (determined by the date of the postal order). In this case, the customer is obligated to return the goods without delay. The return shipping costs (postage) are to be borne by the customer. If the goods were used and / or damaged, the customer is required to pay an appropriate fee for the use, including appropriate compensation for any damages – up to the maximum value of the goods – to the seller. The declaration of withdrawal is to be sent to the following address:

PHC Pure Haircare Handels- und Vertriebs GmbH
Rosenackerstraße 58/3
A-1170 Wien

Tel: +43 (0)1 9346607
Mail: office@purehaircare.at

Withdrawal by return of good/s.

The customer can also exercise his right of withdrawal by verifiably returning the goods to the seller within 14 days of receipt without written notice of resignation. To ensure this deadline, the customer is required to return the goods in a timely manner. The right of withdrawal by returning the goods is subject to ensuring the good are not damaged or used, as well as the condition that sufficient postage has been paid. The seller bears the return shipping costs (postage) solely in the case of a wrong or faulty delivery.

The risk of the return as well as its proof lies with the customer. In the event of a withdrawal by the customer (by either an expressly written declaration or return of the goods), the seller immediately reimburses the paid purchasing price – delivery costs are not refunded. When placing an order on an open invoice, a credit note will be issued to the customer account.

Sample Return Form

For customers wishing to cancel the contract, please use this form by printing it, filling it out and sending it back. The form can also be copied into a mail and sent back to.

PHC Pure Haircare Handels- und Vertriebs GmbH
Rosenackerstraße 58/3
A-1170 Wien

I / we (*) hereby revoke the contract finalised by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
– Ordered on (*)/received on (*):
– Name of customer(s):
– Address of customer(s):

– Signature of the customer(s) (only for written notifications):

– Date:
—————————————
(*) Delete as appropriate.

– End of withdrawal instructions for consumers –

11. Exclusions to the right of withdrawal

The right of withdrawal does not apply to the delivery of goods that are made to customer specifications or clearly tailored to personal needs. This includes the delivery of audio/video recordings or software whereby the delivered data mediums (e.g. disks) have been unsealed.

12. Returns

12.1. Customers are requested to inform the seller prior to return
(Telefon: +43 (0)1 9346607, Email: office@purehaircare.at). In this way, the seller is enabled to assign products and their demand as quickly as possible.
12.2.Customers are requested to return the goods with prepaid packages to the seller and to keep any receipts. Upon request, the seller will reimburse the customer for the postage costs, unless they are to be borne by the buyer.
12.3. Customers are requested to avoid damage or staining of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer available, other suitable packaging should be used to provide adequate protection to avoid potential transportation damage, as well as any claims for damages resulting from inadequate packaging.
12.4. The terms cited in this section (no. 12) of the terms and conditions are not prerequisites for the effective exercise of contract withdrawal according to No. 10 of these Terms.

13. Storing the Contractual text

13.1.The seller stores the contract text of the order and the general terms and conditions are available online. The customer is also able to print the contract text of the seller before placing the order by using the print function of his browser during the last step of the order.
13.2. The seller also provides the customer with an order confirmation containing all order data to the provided e-mail address. The customer also receives a copy of the terms and conditions with the order.

14. Data Protection

14.1. The seller processes the available personal data of the customer in accordance with the statutory provisions.
14.2.The personal data provided for the purpose of ordering goods (including customer name, e-mail address, physical address and payment details) are used by the seller for the execution and fulfilment of the contract. This information is kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
14.3. Subject to request, the customer has the right to receive free information regarding their personal data stored by the seller. In addition, the customer has the right to correct inaccurate data, as well as block and delete personal data, as long as their is no legal grounds for data retention.
14.4. Further information regarding the nature, extent, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.

15. Jurisdiction, Applicable laws, Contractual Language

If the customer is a merchant, legal entity under public law or a special fund under public law, the jurisdiction and place of delivery is the location of the seller.
15.2. The laws of the Republic of Austria apply. These are not applicable if
mandatory consumer protection laws oppose this application.
15.3. The contract language is German.

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) at
http://ec.europa.eu/consumers/odr/. The seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.