AGB
Scope of application
These terms and conditions apply to all purchases from Afro American Hair and Cosmetic (Imprint) made by private customers. Private customers in this sense are persons with their place of residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Prices and shipping costs
The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the item(s) you have ordered. You can find out about the details under (Terms of payment and delivery). We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation (revocation instructions). If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment is made upon delivery by means of:
Default of payment If you are in default of payment, Afro American Hair and Cosmetic is entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Afro American Hair and Cosmetic has demonstrably incurred a higher damage caused by default, Afro American Hair and Cosmetic shall be entitled to claim this.
Delivery
Delivery shall be made to the delivery address specified by the customer within Germany. If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Afro American Hair and Cosmetic’s obligation to perform is excluded. Afro American Hair and Cosmetic will immediately refund any amounts already paid. Afro American Hair and Cosmetic may also refuse performance if this requires an effort that is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Afro American Hair and Cosmetic will immediately refund any amounts already paid. Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agent. Afro American Hair and Cosmetic expressly points out that these goods are not carried into the house.
Favorable shipping method for returns
When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by being opened for functional testing. Please use the fully stamped and addressed return label enclosed with the delivery. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.
Retention of title
The delivered goods shall remain the property of Afro American Hair and Cosmetic until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect Rights
Afro American Hair and Cosmetic shall, at the customer’s discretion and at Afro American Hair and Cosmetic’s expense, replace a defective product (warranty case) with a defect-free product or have it professionally repaired (supplementary performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in the following cases in particular:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the products being exposed to harmful external influences on the customer’s premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
a) in the case of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the products being exposed to harmful external influences on the customer’s premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
Afro American Hair and Cosmetic leistet ferner keine Gewähr für einen Fehler, der durch unsachgemäße Reparatur durch einen nicht vom Hersteller autorisierten Servicepartner entstanden ist.
If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer must be taken into account – the customer’s claim shall be limited to the respective other type of supplementary performance. Afro American Hair and Cosmetic’s right to refuse this other type of supplementary performance under the aforementioned conditions shall remain unaffected.
Both in the case of repair and in the case of replacement delivery, the customer is obliged to return the product at Afro American Hair and Cosmetic’s expense to the return address provided by Afro American Hair and Cosmetic, stating the order number. Before returning the product, the customer shall remove any objects inserted by him/her from the product. Afro American Hair and Cosmetic is not obliged to inspect the product for the installation of such items. Afro American Hair and Cosmetic shall not be liable for the loss of such items, unless it was readily apparent to Afro American Hair and Cosmetic upon return of the product that such an item had been inserted into the product (in this case, Afro American Hair and Cosmetic shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred). Before sending a product for repair or replacement, the customer must also make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is accepted for loss of data. It is also the customer’s responsibility to install the software and data and reactivate the passwords after the repaired or replacement product has been returned.
If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be subject to the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation shall not apply to the return of a defective product in the event of a warranty claim,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or transformation,
b) if Afro American Hair and Cosmetic is responsible for the deterioration or loss or if the damage would also have occurred at Afro American Hair and Cosmetic,
c) if the deterioration or loss has occurred at the customer’s premises, although the customer has exercised the care that he/she is used to exercising in his/her own affairs.
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or transformation,
b) if Afro American Hair and Cosmetic is responsible for the deterioration or loss or if the damage would also have occurred at Afro American Hair and Cosmetic,
c) if the deterioration or loss has occurred at the customer’s premises, although the customer has exercised the care that he/she is used to exercising in his/her own affairs.
The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not led to a contractual condition of the product within a reasonable period of time.
In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which are governed by the relevant warranty conditions.
The statutory warranty of Afro American Hair and Cosmetic ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
In the event of slight negligence, Afro American Hair and Cosmetic shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. Afro American Hair and Cosmetic shall not be liable for other damages caused by slight negligence due to a defect in the object of purchase.
Irrespective of any fault on the part of Afro American Hair and Cosmetic, the liability of Afro American Hair and Cosmetic for fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee of the manufacturer and does not constitute an over
