General Termas and Conditions of Sale
1.1 These General Terms and Conditions of Sale (hereinafter: "Terms of Sale") apply to all offers, declarations of acceptance, and contracts of Henkel & Cie. AG (hereinafter referred to as: "Seller") on the delivery of goods, including consultancies and other ancillary services (hereinafter: "Deliveries") via the SalonLab eShop to the purchaser (hereinafter: the "Customer"). Terms and conditions of the Customer which deviate from or supplement these Terms of Sale shall only apply if the Seller has expressly acknowledges such conditions in writing. This shall apply in particular also if the Seller executes Deliveries in knowledge of deviating or complementing conditions of the Customer without any reservation or accepts any payments.
1.2 The Seller's offers are aimed exclusively at consumers and not at entrepreneurs. The Customer is a consumer insofar as the purpose of the deliveries cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The offers made by the Seller are non-binding, unless otherwise determined by the Seller. They represent a non-binding offer to the Customer to submit an offer for deliveries. The Seller shall not be obliged to accept orders of the Customer.
2.2 After the analysis, the Customer may initially select the Seller's goods packages without obligation and collect them in a so-called shopping cart. Only after entering the personal data required for processing the order and selecting the payment method, the Customer submit a binding offer to purchase the selected package of goods by pressing the button "Order with obligation to pay". Before sending the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer has accepted these Terms of Sale by clicking on the "Accept General Terms and Conditions" button and thereby included them in his offer.
2.3 The Seller then sends the Customer an automatic acknowledgment of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic acknowledgment of receipt only documents that the Customer's order has been received by the Seller and does not constitute an acceptance of the offer. The contract is only concluded when the Seller submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) shall be sent to the Customer by us on a permanent data carrier (e-mail or paper printout) (affirmation of the contract). The affirmation of the contract can be printed out by using the "Print" function. The contractual text will be saved in compliance with data protection.
2.4 Goods shall only be delivered in normal household quantities.
3. Prices, shipping
3.1 All prices listed on the Seller's website are inclusive of the applicable statutory sales tax and all other taxes, duties, levies and insurance.
3.2 The order shall be shipped free of charge.
4.1 The specific payment options specified in the ordering process are available to the Customer. In general, the Customer can make the payment by credit card (VISA, Mastercard) and PayPal.
4.2 The payment of the purchase price is matured immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the Customer is in default if they miss this deadline. In this case, the Customer must pay the Seller interest on arrears at a rate of 5 percentage points above the respective base interest rate.
4.3 The obligation of the Customer to pay interest on arrears does not exclude the assertion of further damages by the Seller.
5. Delivery, availability of goods
5.1 The ordered goods shall be delivered by the Seller to the agreed delivery address. Self-collection by the Customer is excluded. Unless otherwise agreed, the Seller shall not make any deliveries outside of the Federal Republic of Germany, Austria and Switzerland.
5.2 The Seller is not obliged to make partial deliveries but is entitled to do so, insofar as this is acceptable for the Customer.
5.3 The agreed delivery period begins with the date of the order confirmation, but not before the Customer has fulfilled any deposit or advance payment obligations. If the Customer is in default of payment due to previous orders, the Seller reserves the right to process the order only after the existing obligations have been fulfilled. In this case, the delivery period shall be extended accordingly without the need for an express declaration by the Seller.
5.4 If a delivery is owed, the Seller has the option of delivering the goods either himself or through a third party.
5.5 If the Seller exceeds an agreed delivery date the Customer shall be entitled to rescind the contract provided the Seller has failed to fulfill his delivery obligation within a grace period of at least three weeks to be set by the Customer and provided this at the fault of the Seller. Such grace period is not required if it is dispensable by law. The rescission of the contract must be declared in writing and at the latest within two weeks following the expiration of the granted grace period. After expiry of the aforementioned deadline for the rescission, the Customer is only entitled to rescind the contract after the setting and expiry of a further adequate grace period to be set by the Customer, provided that the Seller not fulfilling his delivery obligations even within this grace period is responsible for this.
5.6 Any events of force majeure entitles the Seller to postpone the Delivery by the duration of the hindrance plus a subsequent adequate starting time. All unavoidable events for which the seller is not at fault shall be equal to the force majeure events, in particular monetary, commercial or other sovereign measures, strikes, lockouts, major operational disruptions (such as fire, machinery breakage, raw material or energy shortages or shortages for whatever reason, including in particular due to delivery bottlenecks, service disruptions or other supply difficulties from raw material suppliers or other upstream suppliers of the Seller, disruptions in the packaging and handling process or transport bottlenecks) and obstruction of the transport routes, which are not only short-term in duration and make delivery significantly more difficult or impossible. Force majeure events and any equated events must be reported to the Customer by the Seller without delay. Should the hindrance last longer than three months, both parties shall be entitled to rescind the contract. If partial delivery has already been made, the Customer shall only be entitled to rescind the contract under the aforementioned conditions with regard to the unfulfilled part of the delivery. On the grounds of an unexecuted part of the Delivery the Customer may not refuse the payment of a partial Delivery which has already been executed.
5.7 If the selected goods are not available at the time the Customer places the order, the Seller shall inform the Customer without undue delay in the order confirmation. If the goods are permanently not available, the Seller shall refrain from a declaration of acceptance. In this case, the contract is not concluded.
6. Transfer of risk
6.1 The Seller bears the risk of accidental loss and accidental deterioration of the goods during shipping if the Customer is a consumer within the meaning of Section 1.2.
6.2 The risk is transferred to the Customer at the time at which the shipment or the delivery of the order is delayed for reasons for which the Customer is responsible, or the Customer is in default of acceptance.
7. Rights due to product defects
7.1 The Seller shall be liable for material defects according to the applicable statutory provisions, in particular sections 197 et seq. of the Swiss Code of Obligations (OR).
7.2 Agreements on quality shall take precedence over suitability for use.
7.3 If there is a defect at the time of the transfer of risk, the Seller shall provide supplementary performance at its discretion either by remedying the defect or by additional delivery. If the supplementary performance fails, the Customer is entitled to a reduction of the purchase price or to withdraw from the contract under the statutory conditions. Claims for damages and reimbursement of expenses by the Customer are based on Section 8.
7.4 In the event of an unjustified request for supplementary performance, the Customer is obliged to compensate the Seller for damage incurred by the unjustified request for supplementary performance if the Customer recognized or negligently failed to recognize that his request for supplementary performance was unjustified.
8. Compensation for damages and expenses
8.1 Any claims for damages and claims for compensation of expenses by the Customer, irrespective of their legal bases (infringement of obligations arising from the contractual relationship, contract, tort, etc.), shall be excluded.
8.2 The exclusion of liability according to Section 8.1 shall not apply
a) in case of liability pursuant to the Product Liability Act (Produkthaftungsgesetz),
b) in case of intent or gross negligence,
c) in case of death, injury or detriment of health the Seller is fault for, or
d) in case of an infringement of essential contractual duties, the Seller is fault for. Essential contractual duties are those obligations which must be fulfilled in order to duly execute the contract an on the performance of which the Customer regularly relies and may duly rely on. However, the Seller´s liability for an infringement of essential contractual duties shall be limited to reimbursement for foreseeable, contract-typical damages, unless the Seller is liable due to intent or gross negligence, for death, injury of detriment of health, or pursuant to the Product Liability Act,
e) in case the seller fraudulently concealed the defect or assumed a guarantee for the quality of the item.
8.3 To the extent that the Seller's liability is excluded or limited, this shall also apply to the benefit of the Seller's legal representatives, employees, sub-suppliers and auxiliary agents in case the Customer asserts claims directly against them.
8.4 The preceding provisions do not constitute a modification of the burden of proof to the disadvantage of the Customer.
9. Limitation period
9.1 The limitation period for claims arising from defects shall be two years as of the beginning of the statutory limitation period (Art. 210 OR). a) Notwithstanding the foregoing, the statutory limitation period shall apply to claims for damages based on intent or gross negligence, due to death, injury or detriment of health the Seller is at fault for, or pursuant to the Product Liability Act (Produkthaftungsgesetz).
9.2 As a principle, any rectification or new supply of the Delivery carried out by the Seller is an act of goodwill and made without acknowledgement of any legal obligation. An acknowledgment of a legal obligation causing a recommencement of the limitation period shall be deemed declared by the Seller towards the Customer only if the Seller declares such acknowledgement explicitly.
9.3 The standard limitation period (regelmäßige Verjährungsfrist) for any other claims of the Customer against the Seller shall be limited to two years as of the the start of the statutory limitation period. This shall not apply to claims for damages in accordance with Section 9.1. a), for which the statutory limitation period applies.
10. Retention of title
10.1 The Delivery remains the property of the Seller until the complete payment has been made for the goods delivered. Reservation of ownership shall also apply to new goods resulting through processing, combination or mixing of the Delivery; however, if the Seller does not become the exclusive owner of the new good, the reservation of ownership shall apply to the respective co-ownership shares in the the new good the Seller is entitled to. The processing of the Delivery is effected for the Seller as the manufacturer, without creating any obligation by the seller. In case of processing,, combining or mixing of the Delivery with material that is not the property of the Seller, the Seller shall always acquire co-ownership of the created new good in the ratio of the value of the delivery to the value of the new good. If the property of the Seller expires as a result of combination or mixing, the Customer hereby transfers co-ownership of the new good in the ratio of the Delivery to the value of the new good and shall store the new good for the Seller for this purpose.
10.2 Should the Customer fall behind with his payment obligation with respect to the Seller or should he infringe any duty arising in connection with the reservation of ownership, the Seller shall be entitled, following his withdrawal from the contract, to demand the return of the reserved goods and to collect these from the Customer. The seller is entitled to assert the retention of title through simple declarations and/or to enter this in the appropriate register.
10.3 The Seller is obliged to release security interest upon request by the Customer, insofar as their realizable value securities to the Seller exceeds the relevant total claim to be secured by 10%.
11. Final provisions
11.1 To the extent that these Terms of Sale require written form, text form (letter, fax, e-mail, etc.) shall be sufficient for the written form requirement.
11.2 These Terms of Sale do not imply any shift in the burden of proof.
11.3 Should any individual provisions of these Terms of Sale or the contract be or become invalid, the validity of the other provisions shall remain unaffected.
11.4 Place of performance for any and all obligations of the Seller and the Customer resulting from the contract, including the Seller's obligation to provide supplementary performance and the parties mutual obligation to return in the event of withdrawal, shall be registered office of the Seller, subject to the condition that the Customer is a merchant (Kaufmann). The exclusive place of jurisdiction for all disputes arising from or in connection with the Delivery shall be - as far as legally permissible - exclusively Liestal, subject to the condition that the Customer is a merchant (Kaufman). However, the Seller shall also be entitled to take legal action against the Customer at the Customer's place of general jurisdiction or at any other competent court.
The legal relationships between the Seller and the Customer shall be subject to the laws of Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. This shall apply to Customers who do not conclude the contract for professional or commercial purposes only insofar as the protection granted by mandatory provisions of the law of the state in which the Customer has his habitual residence is not withdrawn.
11.5 The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in our Imprint. We endeavor to settle any differences of opinion arising from our contract by mutual agreement. Furthermore, we are neither obliged nor willing to participate in the dispute resolution process.
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