GENERAL TERMS AND CONDITIONS

1. GENERAL PROVISIONS

1.1. These General Terms and Conditions shall apply exclusively to all contracts concerning services, deliveries and other performances concluded by Lotta GmbH & Co KG (hereinafter also referred to as the “Seller”) under the “Lotta Curls” brand with a contractual partner. Any deviating provisions shall only be deemed agreed if they have been agreed in writing between the Seller and the contractual partner.

1.2. These General Terms and Conditions shall also apply to all future deliveries, services or offers made to the contractual partner, even if they are not separately agreed again.

1.3. The current version of these General Terms and Conditions may be viewed and accessed at any time online at www.lottacurls.com. It is also available there for download or may be provided upon request.

2. CONCLUSION OF THE CONTRACT

2.1. Binding offers made by the Seller outside the web shop operated at www.lottacurls.com (hereinafter also referred to as the “Web Shop”) may only be accepted by the contractual partner in writing within the respective offer period.

2.2. Unless otherwise agreed in writing, documents relating to the Seller’s respective deliveries and services, such as service specifications, delivery information and similar documents, shall not be deemed to constitute specifically warranted characteristics.

2.3. Any offers made by the Seller may only be accepted with regard to the entire service or performance offered. If the contractual partner’s declaration of acceptance deviates from the Seller’s offer, such deviating declaration of acceptance shall constitute a new offer that may be accepted by the Seller.

2.4. Online Order Information (Ordering Process)
The presentation of products in the online shop does not constitute a legally binding offer. By clicking the “Buy Now” or “Order with Obligation to Pay” button, the customer submits a binding offer to conclude a purchase agreement. Before submitting the order, all entries may be reviewed and amended at any time. Receipt of the order will be confirmed by email. The purchase agreement shall only be concluded upon our acceptance of the order.

2.5. Information on the Contract Text
The contract text will be stored by us. The order details and the General Terms and Conditions will be sent to the customer by email after completion of the order. Registered customers may view previous orders in their customer account. Without a customer account, the contract text will no longer be available online after completion of the order.

3. PRICES

3.1. The prices shall apply to the scope of services and deliveries specified in the respective contract. Deliveries or services commissioned beyond the scope defined in the contract, particularly additional or special services, shall be charged separately.

3.2. All prices are stated in euros. Unless expressly agreed otherwise in writing, quoted prices shall not be understood as fixed or lump-sum prices.

3.3. For goods ordered through the Web Shop, the prices include VAT. Any shipping costs shall be borne by the contractual partner and will be shown during the ordering process.

3.4. In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the contractual partner. These may include, for example, charges for transferring funds through financial institutions, such as transfer fees or exchange-rate fees, as well as import duties or taxes, such as customs duties. Such costs relating to the transfer of funds may also arise if the delivery is not made to a country outside the European Union but the contractual partner makes payment from a country outside the European Union. These costs must likewise be borne by the contractual partner. None of the costs described in this clause are included in the product price.

3.5. Payment Methods
The payment methods displayed during the checkout process are available to the contractual partner in the Web Shop. These include, in particular, credit cards such as Visa, Mastercard and American Express, as well as PayPal, Apple Pay, Google Pay, Shop Pay and, where offered, Klarna payment methods.

The availability of individual payment methods may be restricted depending on the delivery country, order value or the result of a credit check. The selected payment method will be charged in accordance with the terms and conditions of the respective payment service provider.

3.6. Electronic invoicing and the electronic transmission of invoices within the meaning of Section 11(2), second subparagraph, of the Austrian Value Added Tax Act shall be deemed agreed, provided that the contractual partner has supplied the Seller with an email address and has not objected to transmission by email. The Seller shall also be entitled to send invoices by post.

4. PAYMENT TERMS, DEFAULT INTEREST, PARTIAL INVOICES, ACCELERATION AND RETENTION OF TITLE

4.1. Unless special payment terms have been agreed in an individual case, the remuneration shall be due for payment immediately upon invoicing and without deduction. This shall also apply to the reimbursement of all cash expenses and other expenditure.

4.2. Deliveries made by the Seller shall remain the property of the Seller until the remuneration, including all ancillary liabilities, has been paid in full. Any sale, pledge, rental, transfer by way of security or other transfer of the goods subject to retention of title to third parties is prohibited. In the event of seizure or any other claim by a third party against the goods subject to retention of title, the contractual partner must notify the Seller in writing and in a verifiable manner within 24 hours.

4.3. Unless the Seller expressly declares otherwise, the Seller’s enforcement of its retention of title shall not be deemed a withdrawal from the contract. In addition to its right to the return of the goods, the Seller shall retain all rights arising from the respective contract, particularly the right to compensation for any damage incurred.

4.4. If the contractual partner defaults on payment, the statutory default interest shall apply. This shall not affect the assertion of further claims, particularly claims for damages.

4.5. The Seller and the contractual partner agree that, if the contractual partner fails to fulfil its payment obligation properly, compound interest pursuant to Section 1000(2) of the Austrian Civil Code shall become due in addition to the statutory default interest.

4.6. In the event of culpable default in payment, the contractual partner shall also be obliged to reimburse any reminder and collection costs incurred, insofar as these are necessary for appropriate legal enforcement and are proportionate to the claim being pursued. This shall not affect the assertion of any further rights.

4.7. In the event of default in payment by the contractual partner, the Seller shall not be obliged to provide any further services until the outstanding amount has been settled and shall have a right of retention. The Seller shall also be entitled to demand advance payment or security or, after setting a reasonable grace period, to withdraw from the contract.

4.8. If the contractual partner is required to pay its debt in instalments, the Seller shall be entitled to demand immediate payment of the entire outstanding debt due to acceleration. However, acceleration shall only occur if the Seller has already performed its own obligations, at least one overdue payment by the contractual partner has been due for at least six weeks, and the Seller has unsuccessfully issued the contractual partner with a reminder threatening acceleration and granting a grace period of at least two weeks.

4.9. The contractual partner shall not be entitled to set off its own claims against claims of the Seller, unless the Seller is insolvent, the contractual partner’s counterclaims are legally connected with the contractual partner’s liability, or the contractual partner’s counterclaims have been established by a court or acknowledged by the Seller.

4.10. Discounts for prompt payment may only be claimed if they have been expressly agreed in writing. A discount may only be deducted from the final invoice if all previous partial invoices have been paid on time. A discount may only be deducted from a partial invoice if such discount is expressly stated on the invoice.

5. DELIVERY AND PERFORMANCE / CHANGES TO DEADLINES

5.1. The Seller shall be entitled to postpone agreed delivery dates or extend deadlines for performance if compliance with such dates is rendered impossible or unreasonably difficult for the Seller and the relevant circumstance lies outside the Seller’s sphere of influence. This shall apply in particular to industrial disputes, fire, war, strikes, pandemics, environmental disasters and similar events. It shall also apply where such unforeseen obstacles and circumstances occur in relation to subcontractors or agents engaged in performance.

5.2. If circumstances for which the Seller is not responsible result in the Seller being unable to fulfil all outstanding orders on time, thereby causing objective delay, the Seller shall not be obliged to procure third-party services.

5.3. Services shall be performed at the agreed place of performance. If no specific place of performance has been agreed, the Seller’s registered office shall be deemed the place of performance. For goods purchased through the Web Shop, the Seller’s registered office shall be deemed the place of performance unless otherwise agreed in writing.

5.4. Goods purchased through the Web Shop shall be delivered by shipment to the delivery address provided by the contractual partner, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for processing the transaction. If a delivery is not collected from a parcel shop or another collection point, such as a post office, within the applicable collection period, the contractual partner shall bear the costs of returning the parcel and of any renewed shipment.

5.5. In the case of goods delivered by a freight forwarding company, delivery shall be made “kerbside”, meaning to the nearest public kerb to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop or otherwise agreed.

5.6. If the transport company returns the dispatched goods to the Seller because delivery to the contractual partner was not possible, the contractual partner shall bear the costs of the unsuccessful shipment.

5.7. In the case of collection by the customer, the Seller shall first inform the contractual partner by email that the ordered goods are ready for collection. Upon receipt of this email, the contractual partner may collect the goods from the Seller’s registered office by prior arrangement with the Seller. No shipping costs shall be charged in this case.

5.8. Upon receipt, the contractual partner shall inspect the delivered goods for completeness and externally visible damage. The contractual partner should notify the Seller in writing of any externally visible transport damage or shortages, where possible within seven calendar days after delivery, in order to enable prompt handling with the shipping service provider. Failure to provide such notification shall have no effect on the contractual partner’s statutory warranty rights.

5.9. Goods shall be shipped by insured delivery with shipment tracking to the delivery address specified by the contractual partner during the ordering process.

5.10. The contractual partner shall provide correct and accessible contact details, particularly a valid email address, and shall regularly check for shipping notifications.

5.11. If a shipment has been properly dispatched and announced by the shipping service provider but is not collected by the contractual partner within the designated period, or if acceptance is refused, delivery shall be deemed to have been duly offered. In such a case, the contractual partner shall bear the costs of returning the shipment and of any renewed shipment.

5.12. If the contractual partner does not request renewed delivery, the Seller shall be entitled to deduct a flat-rate processing fee of EUR 9.00, including the statutory VAT applicable in the respective country, from the refund.

5.13. The Seller shall not be liable for shipments that are not collected or are refused, provided that the shipping service provider can demonstrate that the shipment was delivered or made available for collection, as evidenced by tracking information or a scan.

5.14. By placing the order, the contractual partner expressly agrees to these shipping terms.

5.15. Transfer of Risk
If the contractual partner is a consumer, the risk of accidental loss of or accidental damage to the goods shall only pass to the contractual partner upon delivery of the goods to the contractual partner or to a third party designated by the contractual partner who is not the carrier. If the contractual partner commissions the carrier independently and the Seller did not propose that carrier, the risk shall pass upon delivery of the goods to the carrier.

6. SCOPE OF PERFORMANCE, ORDER PROCESSING AND THE CONTRACTUAL PARTNER’S DUTIES TO COOPERATE

6.1. The scope of the deliveries and/or other services to be provided shall be determined by the agreement between the Seller and the contractual partner.

6.2. The goods sold through the Web Shop are lifestyle products. The Seller points out that people have different hair structures and that, even where the instructions are followed precisely, the lifestyle products cannot guarantee a particular hairstyle, a specific number of curls or similar effects.

6.3. Subsequent changes to the content or scope of performance require written confirmation by the Seller. Within the framework specified by the contractual partner, the Seller shall have creative discretion when performing the order.

6.4. The contractual partner shall provide the Seller, in a timely and complete manner, with all information and documents required for the performance of the services. The contractual partner shall inform the Seller of all circumstances relevant to the performance of the order, even if such circumstances only become known during performance. The contractual partner shall bear any additional expenditure resulting from work having to be repeated, adapted or delayed due to incorrect, incomplete or subsequently amended information supplied by the contractual partner.

6.5. At its own discretion, the Seller may perform the delivery or other service for the contractual partner, either in whole or in part, itself or may engage suitably qualified third parties as agents to perform some or all of the contractual deliveries or other services.

6.6. Once the ordering process has been completed, orders shall be processed without delay by the Seller and the appointed shipping service providers. After completion of the ordering process, orders may no longer be amended or cancelled. The contractual partner is requested to review orders carefully before completing them.

7. LIABILITY / EXCLUSION OF LIABILITY

7.1. In all applicable cases, the Seller shall only be liable for damages in the event of intent or gross negligence. The Seller’s liability for slight negligence is excluded. In the event of slight negligence, the Seller shall only be liable for personal injury. The same shall apply accordingly to liability for the conduct of third parties engaged by the Seller to fulfil contractual obligations.

7.2. The Seller shall be liable for breaches of material contractual obligations. In the event of slight negligence, damages shall be limited to adequate, foreseeable loss typical of the contract, unless liability arises in connection with personal injury.

8. STATUTORY WARRANTY

8.1. The statutory warranty provisions of Austrian law shall apply.

8.2. Warranty rights shall be governed by the applicable statutory provisions.

9. COMMERCIAL GUARANTEE

9.1. Unless expressly stated otherwise for a particular product, no guarantee extending beyond the statutory warranty shall be provided.

9.2. Any manufacturer’s guarantees shall remain unaffected and shall be governed exclusively by the relevant guarantee terms.

10. WITHDRAWAL

10.1. Where the contractual partner is entitled to withdraw from the contract, where applicable after granting a reasonable grace period, the contractual partner shall declare such withdrawal in writing, including any applicable reasonable grace period. This shall not apply to withdrawal from a distance contract or an off-premises contract.

10.2. The right of withdrawal shall not apply to sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, pursuant to Section 18(1)(5) of the Austrian Distance and Off-Premises Contracts Act.

10.3. Returns and Free Products Provided as Part of Promotional Campaigns
If products purchased as part of a promotional campaign under which free products were provided, such as a comb, spray bottle, hair band or hair clips, are returned, the customer shall also return the corresponding free products. If the free products are not returned, the Seller reserves the right to deduct the value of the free products from the refund. The value of the free products shall be determined on the basis of the regular retail price stated in the Web Shop.

10.4. If a customer benefits from free delivery because the order value exceeds the applicable free-delivery threshold and subsequently returns products, causing the remaining order value to fall below that threshold, the Seller reserves the right to deduct the regular shipping costs from the refund. The amount of the shipping costs shall be determined in accordance with the shipping terms applicable at the time of the order and shall be deducted accordingly when the refund is processed.

10.5. No Statutory Right of Return in Switzerland
In Switzerland, there is no statutory right to return goods purchased in a shop or through the Web Shop unless the goods are defective.

10.6. Returns shall be made at the contractual partner’s risk. The contractual partner must use a tracking number for returns and provide it to the Seller upon request. The Seller shall not be liable for parcels lost due to the fault of the transport company. In the event of loss, it shall be the contractual partner’s responsibility to submit a claim to the relevant transport company.

11. FINAL PROVISIONS

11.1. Complaints may be submitted at any time by email to support@lottacurls.com or in writing to our business address.

11.2. The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

11.3. Austrian substantive law shall apply, excluding its conflict-of-law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For contracts with consumers, the statutory places of jurisdiction shall apply. Proceedings against consumers may only be brought before the court in whose district the consumer has their domicile, habitual residence or place of employment, unless mandatory statutory provisions provide otherwise.

In relation to entrepreneurs, the court in Graz having subject-matter jurisdiction shall, to the extent permitted by law, have exclusive jurisdiction.

11.4. Amendments or additions to a contract must be made in writing. This shall also apply to any amendment of the requirement for written form.

11.5. The contractual partner shall notify the Seller of any changes to its business address and/or email address. Otherwise, declarations made by the Seller shall be deemed received if they are sent to the business address and email address most recently provided by the contractual partner.

11.6. Communications to contractual partners may also be sent by the Seller by email, provided that the contractual partner has supplied the Seller with an email address and has not objected in writing to communication by email.

11.7. The contract language is German.

11.8. Compliance with Extended Producer Responsibility in France
In order to comply with its statutory obligations under the French Environmental Code (Code de l’environnement), the Seller discloses its unique identification number for packaging and graphic paper to the competent authority, ADEME: FR237430_01HNIQ.

Version dated: 20 July 2026