Table of contents
Conclusion of contract
Right of Withdrawal
Prices and terms of payment
Terms of delivery and shipping
Retention of Title
Warranty & Guarantees
1.1 These general terms and conditions (hereinafter "GTC") of PARSA Haar- und Modeartikel GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the seller goods presented in his online shop, in the version valid at the time the contract was concluded.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 The customer's terms and conditions or other contractual terms (hereinafter "Customer Terms and Conditions") do not apply, even if the seller does not separately object to their validity in individual cases. Even if the seller refers to a letter that contains customer terms and conditions or refers to such, this does not constitute consent to the validity of those customer terms and conditions.
2) Conclusion of contract
2.1 The presentation and advertising of goods in the seller's online shop does not constitute a binding offer to conclude a purchase contract.
2.2 The customer can select goods from the seller's range and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. After going through the electronic ordering process, the customer can click on the “order with obligation to pay” button via the seller’s online shop to make a legally binding offer to conclude a contract for the purchase of the goods in the shopping cart at that time (hereinafter “order”). Until the binding submission of the order, the customer can recognize and correct possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. However, the order can only be sent and transmitted if the customer has previously accepted these terms and conditions by selecting the "Accept terms and conditions" option and thereby included them in his application.
2.3 The customer is bound by this offer for a period of two (2) weeks after placing the order; any right to which the customer may be entitled pursuant to Section 3 below to cancel his order remains unaffected.
2.4 The seller will immediately confirm receipt of an order by e-mail. The customer can print out this e-mail confirmation, which contains a summary of the order and to which the General Terms and Conditions are attached, using the "Print" function in his e-mail inbox. Such an e-mail does not constitute a binding acceptance of the order, unless it not only confirms receipt of the order but also declares its acceptance.
2.5 A contract is only concluded when the seller accepts an order by means of a declaration of acceptance by e-mail or by delivering the ordered goods, depending on which of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the period specified in Section 2.3 above, for example because goods ordered by the customer are not in stock and their delivery is therefore not possible, this is deemed to be a rejection of the offer by the seller, with the result that that the customer is no longer bound by his declaration of intent.
2.6 The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
2.7 If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.8 Orders for deliveries abroad can only be considered by the seller if they have a certain minimum order value. The customer can find the minimum order value and possible additional costs for delivery abroad in the price information provided in the online shop.
2.9 If the delivery of an ordered product is not possible, for example because the corresponding product is not in stock, the seller will refrain from a declaration of acceptance. In this case, a contract does not come about. In such a case, the seller will inform the customer immediately and immediately refund any consideration already received.
3) Right of Withdrawal
3.1 Off-premises contracts are (in particular, but not conclusive) contracts that are concluded in the simultaneous physical presence of the consumer and the seller at a place that is not the seller's business premises. Distance contracts are contracts in which the seller and the consumer use only means of distance communication to negotiate and conclude the contract. Means of distance communication are all means of communication that can be used to initiate or conclude a contract without the contracting parties being physically present at the same time, such as online shops, letters, catalogues, telephone calls, faxes, e-mails, messages sent via the mobile phone service ( SMS) as well as radio and telemedia.
3.2 According to Section 312g Paragraph 2 of the German Civil Code, the right of cancellation does not apply to the following contracts:
· Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
· Contracts for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded,
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,
· Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.
3.3 More detailed information on the right of cancellation for consumers can be found in the seller’s cancellation policy below:
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation 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.
In order to exercise your right of cancellation, you must inform us (PARSA Haar- und Modeartikel GmbH, Hummelberg 6, 74889 Sinsheim, Germany, Tel.: +49 (7261) 948 0, email:email@example.com) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you want to revoke the contract, you can also fill out this form and send it to us. However, the use of this form is not mandatory.
PARSA Hair and Fashion Articles GmbH
Fax: +49 (7261) 948 297
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop. The range of payment options may change or be limited for certain order processes, in particular first-time orders and/or orders with a shopping cart value of €100.00 or more. As part of the ordering process, the customer is shown the available payment methods for his order.
4.5 If the "PayPal direct debit" payment method is selected, PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
5) Delivery and shipping conditions
5.1 If the seller offers to ship the ordered goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the order is decisive for shipping.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of shipping the ordered goods by the seller if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the ordered goods passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the ordered goods only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment,
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 The following delivery restrictions apply: Customer pickup is not possible for logistical reasons.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Warranty & Guarantees
7.1 The seller is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the seller is 12 months for entrepreneurs.
7.2 There is only an additional guarantee for the goods delivered by the seller if this was expressly given in the order confirmation for the respective goods. Such additional guarantees, like manufacturer guarantees granted by the manufacturers of certain goods, are in addition to the claims for material defects within the meaning of Section 7.1. Details of the scope of such guarantees are set out in the guarantee conditions which may accompany the relevant goods.
7.3 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.4 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
8.2 In the event of a breach of essential contractual obligations, the seller is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.
8.3 The restrictions of the above clauses 8.1 and 8.2 also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
8.4 The limitations of liability resulting from the above clauses 8.1 and 8.2 do not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of a product. The same applies if the seller and the customer have reached an agreement on the nature of the item.
8.5 The provisions of the Product Liability Act remain unaffected.
9) Force Majeure
The seller is not liable for impossibility of delivery or for delays in delivery, insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, lack of labour, energy or raw materials, difficulties in obtaining necessary official permits, pandemics or epidemics, official measures) for which the seller is not responsible. If such events make the delivery or service significantly more difficult or impossible for the seller and the hindrance is not only of a temporary nature, the seller is entitled to withdraw from the contract. In the case of hindrances of a temporary duration, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by means of an immediate written declaration to the seller.
The use of images, films and texts published in the seller's online shop is not permitted without the seller's express prior written consent.
11) Final Provisions
11.1 The law of the Federal Republic of Germany shall apply to contracts between the seller and the customer, excluding the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
11.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller's registered office.
11.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.
11.4 Alternative dispute resolution: The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.Translated with DeepL