General Terms and Conditions of Hairdreams Haarhandels GmbH

These General Terms and Conditions (GTC) set out the legal relationship between Hairdreams Haarhandels GmbH (LLC – hereinafter in brief “Hairdreams”) and their customers. The GTC apply to all services in connection with the order in question. They also apply to future legal transactions, even if not explicitly referred to. The customer explicitly acknowledges that Hairdreams only concludes legal relationships on the basis of these GTC.

The obligations of Hairdreams are orientated exclusively towards the scope and content of the assignment presented to Hairdreams base on a customer order or an order confirmation by Hairdreams and these GTC.

Hairdreams does not acknowledge GTC of the customer deviating overall or in part from these terms and conditions, unless Hairdreams has agreed to these explicitly in writing. These general terms and conditions also apply exclusively if Hairdreams performs their services without reservation in acknowledgement of contrary GTC of the customer.

Hairdreams is obliged to perform the services specified explicitly on the scope and schedule of services on the order form, in accordance with these terms and conditions. In particular, Hairdreams assures to the customer during the period of validity of the contract the sole use of the domain that Hairdreams provides to the cusotmer to represent the website content (hereinafter “the domain”). For unforeseeable events (force majeure, third-party or subcontractor culpability etc.) that make service performance impossible, Hairdreams is not liable and has the right to withdraw from the contract.

Hairdreams strives within the legal relationship to provide the website made available by Hairdreams, including the Hairdreams own website framework (hereinafter “the website”) around the clock without faults or interruptions. Hairdreams is not liable for unforeseen interruptions during which the server cannot be accessed due to technical or other problems that are not within the influence of Hairdreams (force majeure, third-party culpability etc.). The customer is duly informed – insofar as possible – about unforeseeable interruptions that are necessary for the remediation of faults, carrying out maintenance work, developing the website etc.

Hairdreams reserves the right to change services any time and to carry out product modifications and updates. Such changes come into force with the publication on the website. The customer is responsible themselves for obtaining such information. For already established legal relationships, the services at the time of contract conclusion apply. Existing customers who want to benefit from modifications and new features must amend the existing contract.

The customer is obliged to make the details of their salon (hereinafter “salon details”), which are necessary for compiling the website content, available to Hairdreams within 4 weeks. If the customer has not supplied hairdreams with any details by this time, the customer acknowledges that the website content will be placed online with sample content by Hairdreams. the customer is obliged to handle the user names and access passwords used within the contract confidentially. The customer is responsible to Hairdreams for every use of the domain and is liable for damage resulting from misuse.

The customer is obliged to Hairdreams to comply with the applicable international and Austrian law, as well as the generally acknowledged code of conduct, during use. They are responsible for the content of information that they or third parties transfer, access or have processed through the domain. They may not enter the website in search engines, insofar as the customer is infringing legal prohibitions, good conduct and the rights of third arties through the use of key words. Furthermore, they shall only provide to Hairdreams salon data for which they have an appropriate usage entitlement and thereby assumes full liability. Hairdreams is not obliged to check the salon data of the customer with regard to potential legal contraventions. Upon ascertanment of legal infringements or content that is inadmissible according to clause 3, Hairdreams has the right to block the website. Hairdreams shall infor the customer without delay of such a measure.

If Hairdreams has supplied an individual service offer, this is on the basis of the statements of the customer regarding their currently used EDP system, hardware extensions intended by the customer and/or functional aspects. The customer bears the risk that the service offered on this basis corresponds to their wishes and requirements. If the customer would like to agree binding specifications, these are to be made in writing. They only come into effect after countersignature by Hairdreams.

The contractual services is considered accepted and assumed by the customer upon their first use after termination of the test phase lasting 1 week. After the expirey of this test phase, any amendment or addition of the website framework required by the customer must be explicitly notifed to Hairdreams by the customer and is payable. Amendments to the data provided by the customer are exempt from this.

The customer acknowledges that Hairdreams remains the owner of the domain, the website and its design, and of the Hairdreams website framework and therefore Hairdreams solely has all copyright, property, disposal, usage and other rights. Only salon data provided by the salon remain exempt from this.

Data evaluation in the Hairdreams partner area of the Hairdreams website: to continuously improve your online experience and to ensure a customer-friendly and individual design, to be able to communicate better with you about certain products or marketing campaigns or recommend services that may interest you, we use available information in the Hairdreams partner area and evaluate this accordingly. This includes for example the number of active and passive users of the Hairdreams partner area, the number of logins and downloads, download histroy, the items in “My selection” and in “My data” etc. If you do not agree to the storage, usage or evaluation of this data regarding your visit to the Hairdreams partner area, then you can object to this in full or in part at any time. A notification in text form suffices to the Hairdreams contact details according to the legal notice, via e-mail, fax or letter.

The customer shall regularly check incoming mail in their personal electronic mail box (e-mail). Hairdreams reserves the right to delete electronic mail that occupies a large storage capacity, with notice. The sending of advertising e-mails by customers to third parties without being requested to do so by them is inadmissible. Should Hairdreams become aware of this, they reserve the right to close the domain without notice until clarification. The sending of unsolicited mass e-mails (spamming, mail bombing) through the Hairdreams server is prohibited. The operation of mailing lists to an extent that could endanger the operational stability of the systems is also prohibited.

For data that the customer – in whatever form – transmits to Hairdreams, the customer shall ensure backup copies themself. Even though the Hairdreams servers are secured, the customer is responsible for securing the transmitted data. In case of a data loss, the customer is obliged to transmit the data once again free of charge to Hairdreams.

Using the Internet poses various data protection risks to the customer. In particular, data protection is not guaranteed for the unencrypted transmission of data. It must therefore be taken into consideration that unencrypted e-mails can be read, modified or misdirected by unauthorised third  parties. The encryption and codification of transmitted information can improve protection against unauthorised access. Firewalls can prevent unwanted intrusion by unauthorised third parties or at least make it more difficult. Taking measures to improve data protection is the responsibility of the customer.

The customer shall inspect the delivered service immediately upon delivery for any defects, deviations or faulty content. A delivery that is defective in full or in part is to be notified in writing as soon as it is established. The notification period for defects is at the most a week after delivery. If the customer fails to notify the defect correctly on time, the delivery is considered accepted.

If a correct and founded defect notice is submitted, Hairdreams will provide a replacement free of charge. Hairdreams is entitled to remedy the defect instead of providing a replacement, as deemed appropriate. Hairdreams is obliged to assert this choice at the latest ten days after receipt of the defect notification. Otherwise the right to choose passes to the customer. If Hairdreams fails to provide a remedy or replacement, the customer is entitled to either revoke the contract or to demand the reduction of the agreed price.

For incidents that cause damage that occurred on the conveying routes of Hairdreams or other service providers, Hairdreams is only liable if the damage was caused with intent or the gross negligence of Hairdreams. Hairdreams assumes no responsibility for damage caused to the customer through misuse by third parties. This also includes damage through computer viruses.

The customer is responsible themself for the compatibility of the hardware and software components they use. Hairdreams assumes no guarantee or warranty for the domain of all end devices being usable without any problems. Hairdreams declines  any warranty or liability for the loss or unauthorised modification of e-mail messages. Hairdreams is not liable for operational interruptions that serve the purpose of remedying faults, maintenance, amendments of the infrastructure or the introductioon of new and different technologies. In any case, Hairdreams is only liable for damage if this is due to the gross negligence and culpability of Hairdreams or a vicarious agent of Hairdreams. Liability for consequential damages of any kind, especially for lost profit, is excluded.

The basic contract and the additional options (e.g. search engine optimisation, Google AdWords etc.) are concluded for an indefinite period, but at least for the duration of a year. The term is automatically extended for a further year if the contract is not terminated in writing 3 months before expiry of the contract term.

In case of misuse and for important reasons, Hairdreams reserves the right to dissolve the contractual relationship with immediate effect. An important reason is in particular a contravention of this contract, as well as the termination of the Hairdreams partnership agreement.

In connection with this, an important reason is especially a contravention of the prohibition to work with an external system by a Hairdreams competitor. In particular, the customer is not entitled in this respect, neither directly nor indirectly, in their own name nor in the name of third parties, to carry out any activity whose purpose is to promote the sales of hair extension, hair thickening, toupet or associated products. The customer is not entitled to act directly as a distributor, manufacturer, presenter, trade representative or retailer for such or similar products. In addition, Hairdreams reserves the right to dissolve the contractual relationship with immediate effect if the customer does not achieve the minimum turnover of 1000 Hairdreams hair strands per month.

In case of a contract dissolution declared by Hairdreams for an important reason, Hairdreams is entitled to charge a sum amounting to 75% of the sum of all monthly basic payments for the ordered services that the customer should still have performed during the contract term, if the customer cannot prove that no damage was incurred to Hairdreams or that the actual damage was significantly lower than this sum.

The customer can withdraw from the order up to 20 days after signature of the order form or declare revocation, with the consequence that the customer will be charged 60% of the stated net price; if the withdrawal or revocation is 21 days or more after signature of the order form, the customer is charge 80% of the net price stated on the order form. The withdrawal or revocation shall be in writing by means of a registered letter. Hairdreams reserves the right to additional damage compensation claims (including loss of profit) as well as charging of the cancellation fees.

The prices are based on the respective current price lists and the details on the Hairdreams order slip. Hairdreams can adjust the prices at any time, especially in the case of changed circumstances. Any price reductions do not entitle reimbursements on sums already invoiced but only reductions to future invoices.

Payments are made to the Hairdreams company account: Bank Austria UniCredit Group, sort code: 12000, account number: 0882-66226/00, IBAN: AT381100008826622600, BIC: BKAUATWWGRA through direct debit or bank transfer. The sum indicated on the order slip is due upon assignment. In case there is a delay with the customer payment, Hairdreams is entitled to withhold the contractual services. In addition, Hairdreams is entitled to charge appropriate default interest in case of a delay, as well as the necessary enforcement costs.

The customer may only transfer rights and duties from this contract to third parties after written consent by Hairdreams.

Hairdreams reserves the right to pass the assignment on to third parties (subcontractors). There is no contractual relationship between the subcontractor and the customer.

Hairdreams explicitly reserves the right to amend these GTC and individual services at any time. The new terms shall be notified to the customer in writing and are considered as accepted if there is no objection within one month.

In accordance with the agreement, Austrian law is to be applied to this legal relationship and the substantive court in Graz is responsible for the jurisdiction.