Terms of service
GENERAL TERMS AND CONDITIONS
1. GENERAL
1.1. These General Terms and Conditions exclusively apply to all contracts concerning services, deliveries, and other performances concluded by Lotta GmbH & Co KG (hereinafter referred to as "the Seller") under the "Lotta Curls" brand with a contracting partner. Deviations are only considered agreed upon if they have been confirmed in writing between the Seller and the contracting partner.
1.2. These General Terms and Conditions also apply to all future deliveries, services, or offers to the contracting partner, even if they are not agreed upon again separately.
1.3. The current version of these General Terms and Conditions can be viewed and downloaded at any time on the internet at www.lottacurls.com and can also be provided upon request.
2. CONTRACT CONCLUSION
2.1. Binding offers from the Seller outside the webshop operated on www.lottacurls.com (hereinafter referred to as "Webshop") can only be accepted by the contracting partner in writing within the respective offer period.
2.2. Unless otherwise agreed in writing, the documents belonging to the respective deliveries and services from the Seller, such as performance specifications, delivery information, etc., do not constitute guaranteed characteristics.
2.3. Any offers from the Seller can only be accepted for the entire service offered. If the acceptance declaration of the contracting partner deviates from the Seller's offer, this deviating acceptance declaration constitutes a new offer, which can be accepted by the Seller.
3. PRICES
3.1. The prices apply to the scope of services and deliveries listed in the respective contract. The commissioning of deliveries or services beyond the defined scope in the contract (especially additional or special services) will be charged separately.
3.2. All prices are in euros. Price information is not to be understood as flat rates unless expressly agreed otherwise in writing.
3.3. All stated prices are, unless otherwise specified by the Seller, exclusive of all taxes and duties, particularly excluding VAT. Any taxes and duties will be invoiced additionally.
3.4. For goods ordered through the Webshop, prices include VAT. The contracting partner bears any shipping costs, which are visible during the ordering process.
3.5. For deliveries to countries outside the European Union, additional costs may incur in individual cases, which the Seller is not responsible for and which the contracting partner must bear. These include costs for money transfer through financial institutions (e.g., transfer fees, exchange rate fees) or import-related duties or taxes (e.g., customs duties). Such costs may also arise regarding the money transfer if the delivery is not to a country outside the European Union but the contracting partner makes the payment from a country outside the European Union. These costs are also to be borne by the contracting partner. All costs presented under this point are not included in the product price.
3.6. When paying using a payment method offered by PayPal, the payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the contracting partner does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
3.7. When selecting the payment method "SOFORT," the payment processing is carried out through the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the contracting partner must have an online banking account enabled for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be executed immediately afterward by "SOFORT," and the contracting partner's bank account will be debited. Further information on the "SOFORT" payment method can be found on the internet at https://www.klarna.com/sofort/.
3.8. The issuance and transmission of invoices electronically in accordance with § 11 Abs 2 zweiter Unterabsatz Umsatzsteuergesetz is considered agreed upon if the contracting partner has provided their email address to the Seller and does not object to the transmission via email. The Seller is also entitled to send invoices by post.
4. PAYMENT CONDITIONS, DEFAULT INTEREST, PARTIAL INVOICES, LOSS OF DATE, RETENTION OF TITLE
4.1. The fee is payable immediately after invoicing without any deductions, unless specific payment conditions have been agreed upon in individual cases. This also applies to the onward billing of all cash expenses and other outlays.
4.2. Deliveries from the Seller remain the property of the Seller until full payment of the fee, including all ancillary obligations. Any resale, pledge, rental, transfer by way of security, or other transfer of the reserved property to third parties is prohibited. In the event of seizure or other claims on the reserved property by third parties, the contracting partner is obliged to inform the Seller in writing within 24 hours.
4.3. The assertion of the retention of title by the Seller does not constitute withdrawal from the contract unless expressly declared otherwise by the Seller. In addition to the right to return, the Seller retains the rights under the respective contract, particularly the right to claim compensation for any damages.
4.4. In the event of the contracting partner's payment default, statutory default interest applies. The assertion of further claims, particularly for damages, remains unaffected.
4.5. The Seller and the contracting partner agree that if the contracting partner fails to fulfill their payment obligations properly, in addition to the statutory default interest, compound interest in accordance with § 1000 Abs 2 ABGB becomes due.
4.6. Furthermore, in the event of culpable payment default, the contracting partner undertakes to reimburse the reminder and collection costs incurred, insofar as they are necessary for appropriate legal action and are in a reasonable proportion to the pursued claim. The assertion of further rights remains unaffected.
4.7. In the event of the contracting partner's payment default, the Seller is not obliged to provide further services until the outstanding amount is settled (right of retention) and is entitled to demand advance payment or security or to withdraw from the contract after setting a reasonable grace period.
4.8. If the contracting partner is to pay their debt in installments, the Seller has the right to demand immediate payment of the entire remaining debt (loss of date). However, the loss of date only occurs if the Seller has already rendered their services, at least one overdue installment of the contracting partner has been due for at least six weeks, and the Seller has unsuccessfully reminded the contracting partner under threat of loss of date and set a grace period of at least two weeks.
4.9. The contracting partner is not entitled to offset their claims against the Seller's claims, except if the Seller is insolvent or the contracting partner offsets counterclaims related to the contracting partner's liability or counterclaims that have been legally established or acknowledged by the Seller.
4.10. The use of discounts requires express written agreement. A discount deduction on the final invoice is only permissible if all previous partial invoices have been paid on time. A discount deduction on partial invoices is only permissible if such a discount deduction is noted on the invoice.
5. DELIVERY AND PERFORMANCE / CHANGE OF TERMS
5.1. The Seller is entitled to postpone agreed delivery dates or extend deadlines for the provision of services if compliance with the deadlines is made impossible or unreasonably difficult for the Seller and the circumstances are beyond the Seller's control. This particularly applies to labor conflicts, fires, wars, strikes, pandemics, environmental disasters, etc. This also applies if such unforeseen obstacles and circumstances occur with subcontractors or vicarious agents.
5.2. If circumstances beyond the Seller's control result in the Seller being unable to fulfill all open orders on time (objective delay), the Seller is not obliged to use external services.
5.3. Services must be provided at the agreed place of performance. If no specific place of performance is agreed upon, the Seller's headquarters is considered the place of performance. For goods purchased from the Webshop, the Seller's headquarters is the place of performance unless otherwise agreed in writing.
5.4. The delivery of goods ordered through the Webshop is made via the shipping route to the delivery address provided by the contracting partner, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction. If the delivery is not collected within the respective period from a parcel shop or another collection point (e.g., post office), the contracting partner bears the costs for the return transport and the renewed transport.
5.5. For goods delivered by freight forwarders, delivery is made "free curbside," i.e., up to the nearest public curbside to the delivery address unless otherwise specified in the shipping information in the Seller's online shop and unless otherwise agreed.
5.6. If the transport company returns the shipped goods to the Seller because delivery to the contracting partner was not possible, the contracting partner bears the costs for the unsuccessful shipment.
5.7. In the case of self-collection, the Seller will first inform the contracting partner via email that the ordered goods are ready for collection. After receiving this email, the contracting partner can collect the goods in consultation with the Seller at the Seller's headquarters. In this case, no shipping costs are charged.
6. SCOPE OF SERVICES, ORDER PROCESSING, AND COOPERATION OBLIGATIONS OF THE CONTRACTING PARTNER
6.1. The scope of the services and/or other performances to be provided is determined by the agreement between the Seller and the contracting partner.
6.2. The goods
offered by the Seller represent an example and do not constitute a binding offer. In particular, the Seller is not obliged to keep the goods on offer permanently in stock. Due to continuous further development, technical and color deviations of the delivered goods from the images on the Webshop may occur. Furthermore, in the case of long-term availability, the actual delivery time may be longer than indicated in the Webshop.
6.3. The Seller is entitled to make use of suitable third parties to fulfill its obligations under the contractual relationship. The Seller must use these third parties carefully and diligently and is liable for their fault in the same way as for its own fault.
6.4. The Seller will make every reasonable effort to meet agreed deadlines for deliveries and/or other performances. However, adherence to deadlines is subject to the timely receipt of all necessary documents and information from the contracting partner, necessary permits, releases, especially of plans, and the fulfillment of agreed payment conditions and other obligations by the contracting partner. If these conditions are not met in a timely manner, the deadlines will be extended appropriately.
6.5. The delivery deadlines are considered met if the delivery item is handed over to the shipping company within the respective deadline. If delivery delays are caused by the contracting partner, the contracting partner will bear the additional costs incurred.
6.6. If the contracting partner requests changes to the ordered services or goods after the order has been placed, the Seller will review the request and notify the contracting partner of any impacts on deadlines, costs, and other contractual conditions. If the contracting partner agrees to these changes, they will be confirmed in writing by the Seller and become part of the contract.
7. TERMINATION
7.1. The contracting partner has the right to terminate the contractual relationship with the Seller at any time before the services and/or goods are delivered. The termination must be declared in writing.
7.2. In the event of termination, the contracting partner is obligated to pay the Seller for all services and/or goods provided up to the date of termination, as well as any costs incurred by the Seller due to the termination.
7.3. The Seller is entitled to terminate the contract immediately for cause. Cause is considered to be any behavior by the contracting partner that significantly impairs the fulfillment of the contractual relationship, such as default in payment, insolvency, or actions that damage the Seller's reputation.
8. LIABILITY
8.1. The Seller is liable for damages, regardless of the legal reason, only in the event of willful intent or gross negligence. In the event of slight negligence, the Seller is only liable for damages resulting from injury to life, body, or health and for damages resulting from a breach of essential contractual obligations (cardinal obligations). In this case, however, the liability of the Seller is limited to the replacement of foreseeable, typically occurring damages.
8.2. The limitations of liability mentioned in 8.1 do not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods.
8.3. The contracting partner is obligated to notify the Seller immediately of any damages, so the Seller is given the opportunity to mitigate the damages.
9. DATA PROTECTION
9.1. The contracting partner agrees that their data provided in connection with the contractual relationship will be stored and processed by the Seller in compliance with the applicable data protection regulations, especially for the purpose of order processing and customer care.
9.2. The Seller is entitled to process and use the contracting partner's data for the purposes of performing the contractual relationship. This includes transferring data to third parties, especially subcontractors and shipping companies, as necessary for fulfilling the contract.
9.3. The contracting partner has the right to access, correct, and delete their stored data at any time, provided there is no legal obligation to retain it. To exercise this right, the contracting partner can contact the Seller in writing.
9.4. Further information on data protection, including the contracting partner's rights and how the Seller processes personal data, can be found in the Seller's privacy policy, available on the Seller's website.
10. FINAL PROVISIONS
10.1. The place of performance for all obligations arising from the contractual relationship is the Seller's headquarters unless otherwise agreed in writing.
10.2. Any disputes arising from the contractual relationship will be governed by the laws of the Seller's country, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.3. If any provision of these General Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely reflects the economic intent of the original provision.
10.4. Changes or additions to these General Terms and Conditions must be made in writing to be valid. This also applies to the waiver of the written form requirement.
10.5. The contracting partner cannot transfer rights and obligations from the contractual relationship with the Seller to third parties without the Seller's prior written consent.
10.6. The Seller reserves the right to change these General Terms and Conditions at any time. Changes will be communicated to the contracting partner in a suitable manner, and the contracting partner will be given a reasonable period to object to the changes. If the contracting partner does not object within the set period, the changes are considered accepted.