Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Berlin Stylist GbR (hereinafter “Seller”) shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity.

1.4 For the purposes of these GTC, an entrepreneur 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 self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve as the basis for the customer submitting a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. To do so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the day on which the customer submits the offer and ends upon expiry of the fifth day following the day on which the offer is submitted. If the seller does not accept the customer's offer within the aforementioned period, this constitutes rejection of the offer, with the result that the customer is no longer bound by the customer's declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When an order is placed using the seller's online order form, the seller stores the contract text after the contract has been concluded and sends it to the customer in text form (e.g., by email, fax or letter) after the customer has submitted the order. The seller does not make the contract text accessible in any further manner. If the customer has set up a user account in the seller's online shop before submitting the order, the order data are archived on the seller's website and can be accessed free of charge by the customer via the customer's password-protected user account by entering the relevant login details.

2.6 Before submitting the order through the seller's online order form in a binding manner, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of facilitating the detection of input errors may be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries using the usual keyboard and mouse functions throughout the electronic ordering process until they click the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.8 Order processing is generally carried out automatically by email. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the seller's withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of funds by 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 the transfer of funds 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.

4.3 The available payment option(s) shall be communicated to the customer in the seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately upon conclusion of the contract, unless the parties have agreed a later due date.

4.5 If the customer selects a payment method offered through the payment service "PayPal", payment processing shall be carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal under which it makes advance payment to the customer (e.g. purchase on account or payment by instalments), the seller shall assign its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer, to that extent. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall conduct a credit assessment using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative assessment result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the customer may make payment with discharging effect only to PayPal or the payment service provider commissioned by PayPal. However, even in the event of the assignment of the claim, the seller shall remain responsible for general customer enquiries, e.g. concerning the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and the sending thereof, or credit notes.

4.6 If the customer selects a payment method offered through the payment service "Shopify Payments", payment processing shall be carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered through Shopify Payments shall be communicated to the customer in the seller's online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately, if applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de available.

4.7 If a payment method offered via the payment service "Apple Pay" is selected, payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay shall be communicated to the customer in the seller's online shop. Apple may use additional payment services to process payments, for which special payment conditions may apply and of which the customer may be informed separately. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/ available.

4.8 If a payment method offered via the payment service "Google Pay" is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay shall be communicated to the customer in the seller's online shop. Google may use additional payment services to process payments, for which special payment conditions may apply and of which the customer may be informed separately. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/ available.

4.9 If a payment method offered via the payment service "Stripe" is selected, payment processing shall be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe shall be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, for which special payment conditions may apply and of which the customer may be informed separately. Further information about Stripe is available online at https://stripe.com/de available.

5) Delivery and shipping conditions

5.1 If the seller offers shipment of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. In the course of processing the transaction, the delivery address specified in the seller's order processing shall be authoritative. By way of derogation, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment shall be authoritative.

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. With regard to the costs of dispatch to the customer, this does not apply if the customer effectively exercises their right of withdrawal. In the event of the customer effectively exercising their right of withdrawal, the provisions made by the seller in this regard in the withdrawal instructions shall apply to the costs of returning the goods.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the carrier, freight carrier or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the goods to the carrier, freight carrier or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight carrier or other person or institution designated to carry out the shipment to carry out the delivery and the seller had not previously informed the customer of that person or institution.

5.4 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this applies only if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed without undue delay and the consideration will be refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

- by post

6) Retention of title

If the seller makes advance performance, the seller reserves the right to retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the supply of goods:

7.1 If the Customer acts as a business,

• the Seller shall have the right to choose the type of subsequent performance;
• for new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
• in the case of used goods, claims for defects shall be excluded;
• the limitation period shall not recommence if a replacement delivery is made as part of liability for defects.

7.2 The liability limitations and reductions of the limitation periods set out above shall not apply

• for the Customer's claims for damages and reimbursement of expenses,
• in the event that the Seller fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
• for any obligation of the Seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to report goods delivered with obvious transport damage to the delivery agent and notify the Seller thereof. Failure to do so shall have no effect whatsoever on the Customer's statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall have unlimited liability on any legal basis

• in cases of intent or gross negligence,
• in the event of an intentional or negligent injury to life, limb or health,
• due to a guarantee promise, unless otherwise provided in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the seller negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless it has unlimited liability pursuant to the preceding clause. Material contractual obligations are obligations which, according to the content of the contract, the contract imposes on the seller in order to achieve the contractual purpose, the fulfilment of which is essential for the proper performance of the contract and compliance with which the customer may regularly rely on. In all other respects, the seller's liability shall be excluded unless it has unlimited liability pursuant to the preceding clause.

8.3 The foregoing liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the seller as part of promotional campaigns for a specified validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if such a restriction follows from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher may be redeemed per order.

9.5 If the promotional voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit balance will not be reimbursed by the seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

9.7 The credit balance of a promotional voucher will neither be paid out in cash nor bear interest.

9.8 The promotional voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the promotional voucher pursuant to their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The Seller may discharge its obligation by performing to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge of, or is grossly negligently unaware of, the respective holder's lack of entitlement, legal incapacity, or lack of authority to act as a representative.

10) Redeeming Gift Vouchers

10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "gift vouchers") may only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers may only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.3 Gift vouchers may only be used to purchase goods and not to purchase additional gift vouchers.

10.4 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.5 The balance of a gift voucher will neither be paid out in cash nor bear interest.

10.6 The gift voucher is transferable. The Seller may discharge its obligation by performing to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge of, or is grossly negligently unaware of, the respective holder's lack of entitlement, legal incapacity, or lack of authority to act as a representative.

11) Applicable Law

11.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of concluding the contract, are not members of any Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of concluding the contract.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.