Terms of service
TERMS AND CONDITIONS
1. GENERAL
1.1. These following Terms and Conditions shall apply exclusively to all contracts relating to services, deliveries, and other performance that Lotta GmbH & Co KG (hereinafter also referred to as “the Seller”) concludes with a contractual partner under the brand “Lotta Curls.” Deviations shall only be deemed agreed if they have been agreed in writing between the Seller and the contractual partner.
1.2. These Terms and Conditions shall also apply to all future deliveries, services, or offers with the contractual partner, even if they are not separately agreed again.
1.3. The currently valid version of these Terms and Conditions may be viewed and retrieved at any time on the Internet at www.lottacurls.com and is also available for download there or can be provided upon request.
2. CONCLUSION OF CONTRACT
2.1. Binding offers by the Seller outside of the webshop operated at www.lottacurls.com (hereinafter also referred to as the “webshop”) may be accepted by the contractual partner only in writing within the respective offer period.
2.2. The documents belonging to the respective deliveries and services of the Seller, such as performance descriptions, delivery details, etc., shall not constitute specifically warranted characteristics, unless otherwise agreed in writing.
2.3. Any offers by the Seller may only be accepted with respect to the entire offered performance. If the contractual partner’s declaration of acceptance deviates from the Seller’s offer, this deviating declaration of acceptance shall constitute a new offer by the contractual partner, which may be accepted by the Seller.
3. PRICES
3.1. The prices apply to the scope of services and deliveries stated in the respective contract. The commissioning of deliveries or services beyond the scope defined in the contract (in particular additional or special services) shall be invoiced separately.
3.2. All prices are in euros. Unless expressly agreed otherwise in writing, price information shall not be understood as a lump-sum price.
3.3. Unless otherwise stated by the Seller, all stated prices are exclusive of all duties and taxes, in particular exclusive of statutory value-added tax (VAT). Any duties and taxes shall be charged additionally.
3.4. For goods ordered via the webshop, the prices apply including VAT. Any shipping costs shall be borne by the contractual partner. These are visible during the ordering process.
3.5. For 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 include, for example, costs for the transfer of money by credit institutions (e.g., transfer fees, exchange-rate fees) or import duties or taxes (e.g., customs duties). Such costs in relation to the transfer of money may also arise if the delivery is not made to a country outside the European Union, but the contractual partner makes the payment from a country outside the European Union. The contractual partner shall also bear these costs. The total costs presented under this section are not included in the product price.
3.6. If payment is made using a payment method offered by PayPal, payment processing shall be carried out via 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/webapps/mpp/ua/useragreement-full or—if the contractual partner does not have a PayPal account—subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
3.7. If the payment method “SOFORT” is selected, payment processing shall be carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT,” the contractual partner must have an online banking account enabled for participation in “SOFORT,” identify themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is carried out immediately thereafter by “SOFORT” and the contractual partner’s bank account is debited. Further information on the payment method “SOFORT” can be accessed by the contractual partner on the Internet at https://www.klarna.com/sofort/.
3.8. The issuance and transmission of invoices by electronic means within the meaning of Section 11(2), second subparagraph, of the VAT Act is deemed agreed, provided the contractual partner has provided the Seller with their email address and does not object to transmission by email. The Seller is entitled to transmit invoices by post as well.
4. PAYMENT TERMS, DEFAULT INTEREST, INTERIM INVOICES, ACCELERATION OF PAYMENT, RETENTION OF TITLE
4.1. The remuneration is due for payment immediately upon invoicing and without deduction, unless special payment terms have been agreed in the individual case. This also applies to the onward charging of all cash expenses and other outlays.
4.2. Deliveries by the Seller remain the property of the Seller until full payment of the remuneration including all ancillary obligations. Any sale, pledging, leasing, transfer by way of security, or other transfer of the reserved property to third parties is prohibited. In the event of seizure or other recourse to the reserved property by third parties, the contractual partner is obliged to inform the Seller in a verifiable written notice within 24 hours.
4.3. The assertion of retention of title by the Seller shall not—absent an express declaration to the contrary by the Seller—constitute withdrawal from the contract. In addition to the claim for surrender, the Seller shall retain the rights arising from the respective contract, in particular the right to compensation for any damages.
4.4. In the event of default in payment by the contractual partner, the statutory default interest shall apply. The assertion of further claims, in particular claims for damages, remains unaffected.
4.5. The Seller and the contractual partner agree that in the event the contractual partner does not duly meet their payment obligation, compound interest pursuant to Section 1000(2) ABGB shall become due in addition to statutory default interest.
4.6. Furthermore, in the event of culpable default in payment, the contractual partner undertakes to reimburse the reminder and debt-collection costs incurred, insofar as they are necessary for appropriate legal enforcement and are in reasonable proportion to the pursued claim. The assertion of further rights remains unaffected.
4.7. In the event of default in payment by the contractual partner, the Seller is not obliged to provide further services until the outstanding amount has been paid (right of retention) and is entitled to demand advance payment and/or security or, after setting a reasonable grace period, to withdraw from the contract.
4.8. If the contractual partner is to pay their debt in installments, the Seller has the right to demand immediate payment of the entire remaining outstanding debt (acceleration of payment). Acceleration of payment shall occur only if the Seller has already performed its services, at least one overdue payment by the contractual partner has been due for at least six weeks, and the Seller has unsuccessfully reminded the contractual partner while threatening acceleration of payment and granting a grace period of at least two weeks.
4.9. The contractual partner is not entitled to set off its own claims against claims of the Seller, except if the Seller is insolvent or the contractual partner sets off counterclaims that are legally connected to the contractual partner’s obligation, or counterclaims that have been judicially determined or recognized by the Seller.
4.10. The granting of cash discounts requires that they have been expressly agreed in writing. A cash discount deduction on the final invoice is permissible only if all previous interim invoices have been paid on time. A cash discount deduction on interim invoices is permissible only if such cash discount deduction is noted on the invoice.
5. DELIVERY AND PERFORMANCE / CHANGES TO DATES
5.1. The Seller is entitled to postpone agreed delivery dates and/or extend deadlines for performance if compliance with the dates is rendered impossible or unreasonably difficult for the Seller and the circumstance is not within the Seller’s sphere of influence. This applies in particular to labor disputes, fire, war, strike, pandemic, environmental disasters, etc. This also applies if such unforeseen obstacles and circumstances occur at subcontractors or agents.
5.2. If circumstances for which the Seller is not responsible lead to the Seller being unable to fulfill all open orders on time (objective delay), the Seller is not obliged to procure third-party services.
5.3. Services are to be provided 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 via the webshop, the Seller’s registered office shall be deemed the place of performance, unless otherwise agreed in writing.
5.4. Delivery of goods purchased via the webshop shall be made by shipment to the delivery address specified by the contractual partner, unless otherwise agreed. For transaction processing, the delivery address stated in the Seller’s order processing is decisive. If delivery to a parcel shop or another pick-up location (e.g., post office) is not collected within the respective period, the contractual partner shall bear the costs for return transport and renewed transport.
5.5. For goods delivered by freight forwarder, delivery is “to the curb,” i.e., to the public curb closest to the delivery address, unless otherwise stated 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 contractual partner was not possible, the contractual partner shall bear the costs for the unsuccessful shipment.
5.7. In the case of self-collection, the Seller shall first inform the contractual partner by email that the goods ordered are ready for collection. After receiving this email, the contractual partner may collect the goods at the Seller’s registered office by arrangement with the Seller. In this case, no shipping costs will be charged.
5.8. Pursuant to Article 6 of Directive 2011/83/EU, the contractual partner is obliged to provide correct and reachable contact details upon conclusion of the contract and to pay regular attention to notifications. Shipping notifications are sent automatically to the email address provided during the ordering process. The Seller and the shipping service provider will inform via this channel about the shipping status and any delivery attempts.
5.9. The contractual partner is obliged to check the delivered goods upon receipt for completeness and for externally recognizable damage. Externally recognizable transport damage or shortages should be reported to the Seller in writing as soon as possible within 7 calendar days after delivery in order to enable timely processing with the shipping service provider. Failure to provide such notice shall have no effect on the contractual partner’s statutory warranty rights.
5.10. Shipping is carried out as insured shipping with tracking to the delivery address specified by the contractual partner during the ordering process.
5.11. The contractual partner is obliged to provide correct and reachable contact details, in particular a valid email address, and to check it regularly for shipping notifications.
5.12. If a shipment is properly dispatched and announced by the shipping service provider but is not collected by the contractual partner within the specified period or acceptance is refused, delivery shall be deemed to have been duly offered. In this case, the contractual partner shall bear the costs for return transport and for re-shipment.
5.13. If the contractual partner does not wish re-shipment, the Seller is entitled to retain a flat processing fee of EUR 9.00 (including the statutory VAT of the respective country) from the refund.
5.14. The Seller shall not be liable for shipments that are not collected or are refused, provided the shipping service provider has demonstrably delivered the shipment or has demonstrably made the shipment available for collection (tracking/scan).
5.15. By placing the order, the contractual partner expressly agrees to these shipping conditions.
6. SCOPE OF SERVICES, ORDER PROCESSING, AND DUTIES OF COOPERATION OF THE CONTRACTUAL PARTNER
6.1. The scope of deliveries and/or other services to be provided results from the agreement between the Seller and the contractual partner.
6.2. The goods sold in the webshop are lifestyle products. The Seller notes that people have different hair structures and therefore, even with exact adherence to the instructions, the lifestyle products cannot guarantee a specific hairstyle, number of curls, or similar effects.
6.3. Subsequent changes to the content of the services require the Seller’s written confirmation. Within the framework specified by the contractual partner, the Seller has creative discretion in fulfilling the order.
6.4. The contractual partner shall provide the Seller in due time and in full with all information and documents necessary for the performance of the services. The contractual partner shall inform the Seller of all circumstances that are of significance for the execution of the order, even if they become known only during execution. The contractual partner shall bear the effort arising from the need to repeat or adapt work due to incorrect, incomplete, or subsequently changed information provided by the contractual partner, or due to delays resulting therefrom.
6.5. The Seller may, at its discretion, perform the delivery or other service to the contractual partner in part or in full itself, or in part or in full make use of knowledgeable third parties as agents for the performance of the contractual deliveries or other services.
6.6. Orders are processed immediately after completion of the ordering process by the Seller and the commissioned shipping service providers. After completion of the ordering process, no changes or cancellations of the order can be made. The contractual partner is asked to carefully review orders before completion.
7. LIABILITY / EXCLUSION OF LIABILITY
7.1. The Seller is liable for damages in all cases only in the event of intent or gross negligence. The Seller’s liability in cases of slight negligence is excluded. In cases of slight negligence, the Seller is liable exclusively for personal injury. This applies analogously to liability for the conduct of third parties whom the Seller uses to fulfill contractual obligations.
7.2. The Seller is liable for the breach of material contractual obligations; in the event of slight negligence, damages are limited to the adequate, contract-typical, foreseeable damage, unless liability arises due to personal injury.
8. WITHDRAWAL
8.1. If the contractual partner has the right to withdraw from the contract, where applicable after setting a reasonable grace period, they must declare withdrawal in writing, where applicable after setting a reasonable grace period, except for withdrawal within the framework of a distance-selling contract or a contract concluded outside of business premises.
8.2. The right of withdrawal does not apply to sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 18(1)(5) FAGG).
8.3. Returns and free products within promotional campaigns
In the event of a return of products purchased as part of a promotional campaign in which free products (e.g., comb, spray, hairband, hair clips) were granted, the customer is obliged to return the corresponding free products as well. 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 is based on the regular retail price stated in the webshop.
8.4. If a customer benefits from free shipping due to an order value and then returns products such that the remaining order value falls below the threshold for free shipping, the Seller reserves the right to deduct the regular shipping costs from the refund amount. The amount of the shipping costs is based on the shipping cost conditions valid at the time of the order and will be deducted accordingly as part of the refund.
8.5. No statutory right of return in Switzerland
In Switzerland, there is no statutory right of return for goods purchased in-store or via the webshop, unless there is a defect.
8.6. Returns are made at the contractual partner’s risk. The contractual partner is obliged to provide returns with a tracking number and to provide this to the Seller upon request. The Seller assumes no liability for packages lost due to the fault of the transport company. It is the contractual partner’s responsibility to file a complaint with the respective transport company in the event of loss.
9. FINAL PROVISIONS
9.1. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
9.2. Austrian substantive law shall apply, to the exclusion of its conflict-of-law rules. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
9.3. Amendments or supplements to a contract must be made in writing. This also applies to any change to this written form requirement.
9.4. The Contractual Partner is obliged to notify the Seller of any changes to its business address and/or email address; otherwise, declarations from the Seller shall be deemed to have been received if they are sent to the last business address or email address provided by the Contractual Partner.
9.5. Notifications to the Contractual Partner may also be sent by the Seller via email, provided that the Contractual Partner has disclosed its email address to the Seller and has not objected in writing to communication via email.
9.6. The contractual language is German.
9.7. Compliance with Extended Producer Responsibility (EPR) in France: In fulfillment of the legal obligations pursuant to the French Environmental Code (Code de l'environnement), the Seller declares its Unique Identification Number (UIN) for packaging and graphic papers with the competent authority ADEME: FR237430_01HNIQ.