Terms of service

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  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

1.1These General Terms and Conditions (hereinafter "GTC") of Berlin Stylist GbR (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2"These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this regard."

1.3A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.4"Entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that acts in the course of concluding a legal transaction in the exercise of their commercial or independent professional activity."

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2The customer can place the order via the online order form integrated into the seller's online shop. In doing so, after the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, they submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3The seller can 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 the receipt of the order confirmation by the customer is decisive in this respect, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
  • by requesting the customer to make payment after placing their order.

If several of the aforementioned alternatives are present, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.

2.4When selecting a payment method offered by PayPal, the 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/etc/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/etc/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 moment the customer clicks the button that completes the ordering process.

2.5When submitting an offer via the seller's online order form, the contract text will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. There will be no further accessibility of the contract text by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer through their password-protected user account by providing the corresponding login details.

2.6Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which allows the display on the screen to be enlarged. The customer can correct their entries within the electronic ordering process as long as they use the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7Different languages are available for the conclusion of the contract. The specific language selection will be displayed in the online shop.

2.8The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.

3) Right of withdrawal

3.1Consumers generally have a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller's cancellation policy.

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

4) Prices and Payment Terms

4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2The payment option/s will be communicated to the customer in the seller's online shop.

4.3If advance payment by bank transfer is agreed, the payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.4When selecting a payment method offered through the payment service "PayPal", the payment processing is carried out via PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller offers payment methods via PayPal where they advance payment to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check 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, they can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims.

4.5When selecting a payment method offered through the payment service "Shopify Payments", the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use additional payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

4.6When selecting a payment method offered through the payment service "Stripe", the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Stripe will be communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about Stripe can be found on the internet at https://stripe.com/de available.

5) Delivery and Shipping Conditions

5.1If the seller offers shipping of the goods, the delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address stored by the customer at the time of payment with PayPal is decisive.

5.2If the 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. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions made in the seller's withdrawal instruction apply in the case of an effective exercise of the right of withdrawal by the customer.

5.3If 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 item to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment and the seller has not previously named this person or institution to the customer.

5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the seller and the seller has concluded a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5Self-collection is not possible for logistical reasons.

5.6Coupons will be provided to the customer as follows:

  • via download
  • by email
  • by post

6) Retention of title

"If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price is made."

7) Liability for defects (Warranty)

"Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:"

7.1If the customer acts as an entrepreneur,

  • "does the seller have the choice of the type of subsequent performance;"
  • for new goods, the limitation period for warranty rights is one year from the delivery of the goods;
  • are the rights to defects excluded for used goods;
  • "Does the limitation period not begin anew when a replacement delivery is made within the scope of liability for defects?"

7.2The liability limitations and deadline reductions regulated above do not apply.

  • for the customer's claims for damages and reimbursement of expenses,
  • in the event that the seller has 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 defects,
  • for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and complaint obligation in accordance with § 377 HGB. If the customer fails to fulfill the notification obligations regulated therein, the goods shall be deemed approved.

7.5If the customer acts as a consumer, they are requested to report any delivered goods with obvious transport damage to the carrier and to inform the seller of this. If the customer fails to do so, it will have no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1The seller is liable without limitation for any legal reason.

  • in case of intent or gross negligence,
  • in the event of intentional or negligent violation of life, body, or health,
  • 'based on a guarantee promise, unless otherwise regulated in this regard,'
  • due to mandatory liability such as under the Product Liability Act.

8.2If the seller negligently violates a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated in the preceding clause. Material contractual obligations are those duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on whose compliance the customer can regularly rely.

8.3"Furthermore, the seller's liability is excluded."

8.4The above liability provisions also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1Coupons that are issued by the seller as part of promotional campaigns with a specific validity period free of charge and that cannot be purchased by the customer (hereinafter "promotional coupons") can only be redeemed in the seller's online shop and only within the specified period.

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

9.3Promotional vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.

9.4Only one promotional voucher can be redeemed per order.

9.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

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

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

9.9The promotional voucher is transferable. The seller can perform with releasing effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of representation authority of the respective holder.

10) Redemption of gift vouchers

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

10.2Gift vouchers and remaining balances from gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.

10.3Gift vouchers can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.

10.4Multiple gift vouchers can also be redeemed in a single order.

10.5Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

10.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8The gift voucher is transferable. The seller can perform with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of representation authority of the respective holder.

11) Applicable Law

11.1For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

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

12) Alternative Dispute Resolution

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