{"id":603,"date":"2021-07-13T12:34:35","date_gmt":"2021-07-13T10:34:35","guid":{"rendered":"https:\/\/www.vargahair.com\/?page_id=603"},"modified":"2026-05-13T12:57:07","modified_gmt":"2026-05-13T10:57:07","slug":"agb-de","status":"publish","type":"page","link":"https:\/\/www.vargahair.com\/en\/agb-de\/","title":{"rendered":"General Terms and Conditions T&Cs Germany"},"content":{"rendered":"
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Valid from 26\/04\/2021<\/p>\n

 <\/h4>\n

1. Quotation, conclusion of contract and contract content, sales ban, minimum order value<\/h4>\n

 <\/p>\n

1.1. These General Terms and Conditions of Sale, Delivery and Payment (hereinafter referred to as: GTC) apply to all legal transactions and to all deliveries and services provided by Varga Hair International GmbH (hereinafter referred to as: Varga Hair), even if no express reference is made to them. Any differing general terms and conditions of the contractual partner shall only apply with the express consent of Varga Hair. Persons who place orders or deliver or collect goods for processing shall be deemed authorised to accept our GTC on behalf of the customer and to raise any reservations in this regard. In the absence of expressly stated reservations, the placing of an order shall be deemed as consent to these GTC.<\/p>\n

1.2 These GTC shall also apply if they formed the basis of an initial order and were not expressly made the basis of a subsequent order in the course of further business relationships or in the case of recurring services and call-off orders.<\/p>\n

1.3 Offers from Varga Hair are subject to change without notice unless explicitly designated as binding. Information in catalogues, brochures, etc. is non-binding and only becomes part of the contract insofar as explicit reference is made to it in the order confirmation. Employees of Varga Hair are not authorised to make agreements that deviate from these General Terms and Conditions (GTC) or list prices. Agreements of this nature always require written confirmation from Varga Hair.<\/p>\n

1.4 Varga Hair sells its products exclusively to hairdressing salons. Salon products, as well as hair colour systems and hair colour kits in general, are furthermore intended solely for use within the customer\u2019s own hairdressing salon. The resale of these products by customers or hairdressing businesses, in particular to commercial resellers or other hairdressing businesses, including via the internet, is expressly prohibited; in the event of a breach, the customer undertakes to pay Varga Hair a contractual penalty of 15% of the value of the products resold in breach of contract. To this end, the customer is obliged to disclose all information regarding any resale and to hand over the relevant documentation (invoices, receipts, etc.) to Varga Hair. This prohibition does not apply to home care products or other retail or own-brand products which the hairdressing salon is permitted to resell to the end consumer.<\/p>\n

1.5 A contract only becomes legally binding upon receipt of a written order confirmation from Varga Hair. Partial deliveries are permitted.<\/p>\n

1.6 The minimum order value is EUR 60.00. If this minimum order value is not reached, we will not accept the order.<\/p>\n

1.7 The GTCs are available on the business premises of Varga Hair and are provided both for viewing and for download at https:\/\/www.vargahair.com<\/p>\n

 <\/h4>\n

2. Prices, costs, delivery, shipping and passing of risk<\/h4>\n

 <\/p>\n

2.1 All prices are non-binding and are quoted \u2013 unless otherwise stated \u2013 in Euros and exclude VAT. All transport and packaging costs, freight and insurance charges, customs duties, fees and levies shall be borne by the customer. The stated prices apply \u201eex works\u201c INCOTERMS 2020 and do not include the costs of transport, assembly or installation.<\/p>\n

2.2 Delivery of the goods shall be made ex works, in the absence of any diverging written agreement. The customer is obliged to accept our deliveries and services. We deliver uninsured. The risk shall pass to the customer as soon as the delivery item has been handed over to the freight forwarder or other person designated to carry out the shipment, or, in the event of default of acceptance by the customer, as soon as the goods are ready for dispatch. This shall also apply if partial deliveries are made or if we have undertaken other services. In the absence of an express agreement to the contrary, the goods shall be deemed sold \u201eex works\u201c INCOTERMS 2020.<\/p>\n

 <\/p>\n

3. Terms of payment, prohibition of set-off<\/h4>\n

 <\/p>\n

3.1 Our invoices are payable within 8 days with a 2 % discount; otherwise, they are payable within 30 days of the invoice date, free of charges and deductions. Bank transfers shall only be deemed payment once the amount has been credited to our account. Bills of exchange or cheques shall only be accepted by written agreement, solely on account of payment, and shall exclude any cash discount. Discount interest and all bank charges shall be borne exclusively by the customer.<\/p>\n

3.2 If the customer is in default of payment, we shall be entitled, at our discretion, to demand compensation for the damage actually incurred or statutory default interest. In the case of businesses pursuant to \u00a7 288 II BGB (German Civil Code), this shall be nine percentage points above the base rate of interest per annum. In the event of default of payment, the customer undertakes to reimburse any reminder and collection charges incurred by us, provided they are necessary for appropriate legal prosecution. This shall in any case include a flat-rate amount of EUR 40.00 as compensation for recovery costs pursuant to \u00a7 288 V BGB. The assertion of further rights and claims shall remain unaffected thereby. If the customer is in default with a (partial) payment, we shall be entitled to declare outstanding invoice amounts that are not yet due to be due immediately and\/or to demand advance payment or security for future deliveries and services.<\/p>\n

Set-off by the customer against disputed counterclaims that have not been legally established is excluded, as is the exercise of a right of retention without a final and binding title or based on claims arising from other legal transactions.<\/p>\n

 <\/h4>\n

4. Delivery time, delay in delivery, impossibility, delay in acceptance<\/h4>\n

 <\/p>\n

4.1 We are only obliged to perform the service once the customer has fulfilled all their obligations required for delivery (e.g. receipt of the agreed deposit). We shall endeavour to comply with the delivery periods and dates. Unless expressly agreed as binding, they are non-binding and are always to be understood as the estimated time of provision and handover to the customer. Rescission of the contract by the customer due to a delay in delivery is only possible by setting a reasonable grace period \u2013 of at least 4 weeks. Rescission must be asserted by registered letter.<\/p>\n

4.2 The delivery period is met if, by the time it expires, the delivery item has left our plant or, in the case of direct deliveries, the plant of the sub-supplier, or if notification of readiness for dispatch has been given. Subsequent requests for changes and additions by the customer shall extend the delivery time appropriately. The same applies in the event of unforeseen obstacles arising that are outside our sphere and\/or that of our sub-supplier, such as force majeure, strikes, lockouts, delays in the delivery of essential raw materials, materials or parts.<\/p>\n

4.3 We shall not be liable for the impossibility of delivery or for delivery delays, insofar as these have been caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures, or the failure of suppliers to deliver, or to deliver correctly or on time) for which we are not responsible. Insofar as such events significantly impede or render impossible our delivery or performance and the hindrance is not merely of a temporary duration, we shall be entitled to withdraw from the contract. In the event of temporary hindrances, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the customer cannot reasonably be expected to accept the delivery or performance as a result of the delay, they may withdraw from the contract by giving us immediate written notice.<\/p>\n

4.4 Liability in the event of a delay in delivery shall be limited, for each full week of delay, to a lump-sum compensation of 0.5 % of the value of the delivery, subject to a maximum of 5 % of the value of the delivery.<\/p>\n

4.5 Goods not collected by the agreed delivery date shall be stored at the Customer\u2019s risk and expense for a maximum period of 6 weeks. The Customer shall bear the storage charges. At the same time, we are entitled either to insist on performance of the contract or, after setting a reasonable grace period, to withdraw from the contract and dispose of the goods elsewhere. In the event of such disposal, a contractual penalty of 15% of the invoice amount (excluding VAT) shall be deemed agreed.<\/p>\n

 <\/p>\n

5. Retention of title, assignment of claims<\/h4>\n

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5.1. We retain ownership of the delivered goods until the purchase price has been paid in full. The customer bears the entire risk for the goods subject to retention of title, in particular the risk of destruction, loss or deterioration.<\/p>\n

5.2 In the event that the goods are processed, worked or combined with third-party items, our ownership shall extend to the new item. The customer is not entitled to resell the delivered goods within the ordinary course of business without the consent of Varga Hair. Should a resale nevertheless take place in breach of this agreement, the customer assigns to us all claims and security rights accruing to them from the resale by way of payment until the purchase price has been paid in full. They are obliged to note this assignment in their books. In the event of default in payment by the customer, we are entitled to notify the purchasers of the goods, whom the customer must disclose to us, of the assignment and to demand payment to us.<\/p>\n

5.3 Any pledging or transfer of ownership by way of security of our goods delivered subject to retention of title in favour of third parties is prohibited without our consent. The customer must notify us immediately of any attachment by third parties. Acknowledgement of the balance does not affect the retention of title, nor does the handing over of bills of exchange or cheques until they have been duly and actually honoured. Should we be obliged to exercise our retention of title and take back the goods, the credit note for the goods taken back under retention of title shall be issued subject to a price reduction commensurate with the duration of storage, wear and tear, and other circumstances, but at least 30% of the invoice value. The customer undertakes to notify us before insolvency proceedings are commenced, so that we may take back goods delivered under retention of title and remaining our property.<\/p>\n

5.4 In the event of default in payment, we are entitled to secure the goods, whereby this does not release the customer from their obligations arising from the purchase contract, in particular the obligation to make payment. In the event of attachment of goods that are subject to our retention of title, the customer must inform us immediately in detail; similarly, the separation of our goods due to an impending insolvency burden on the goods while the retention of title is in effect is not permitted. The goods delivered under retention of title must be properly stored and adequately insured against all risks foreseeable in the ordinary course of business.<\/p>\n

 <\/h4>\n

6. Remedies for defects, warranty<\/h4>\n

 <\/p>\n

6.1 The statutory provisions shall apply to the buyer's rights in the event of material defects and defects of title (including incorrect and short delivery), unless otherwise specified below.<\/p>\n

6.2 Defects must be notified in writing by the customer in accordance with \u00a7 377 HGB [German Commercial Code] without undue delay after receipt of the delivery and service, at the latest within 7 days, and hidden defects within 3 days of discovery. The notification must be made in writing specifying the invoice number and enclosing the delivery note, must be adequately substantiated and supported by evidence. Complaints do not entitle the customer to withhold payments that are due. The burden of proof for the timely submission of the notification rests with the customer.<\/p>\n

6.3 The warranty period shall be 12 months from acceptance. The contractual partner must prove the existence of any defects.<\/p>\n

6.4 Minor changes, including technical modifications, as well as deviations from drawings and catalogues, are deemed to be approved in advance and do not constitute a defect.<\/p>\n

6.5 We shall bear or reimburse the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs as well as any removal and installation costs, in accordance with the statutory provisions if a defect is actually present. Otherwise, we may demand reimbursement from the buyer for the costs incurred as a result of the unjustified request to remedy the defect (in particular inspection and transport costs), unless the lack of defectiveness was not recognisable to the buyer.<\/p>\n

6.6 We accept no liability for damage caused by unsuitable or improper use, natural wear and tear, faulty or negligent treatment or storage.<\/p>\n

 <\/h4>\n

7. Liability, damages, product liability<\/h4>\n

 <\/p>\n

7.1 Unless these GTC, including the provisions set out below, state otherwise, we shall be liable for the breach of contractual and non-contractual duties in accordance with the statutory provisions.<\/p>\n

7.2 We are liable for damages \u2013 on whatever legal grounds \u2013 within the scope of fault-based liability in cases of intent and gross negligence. In cases of simple negligence, subject to statutory limitations of liability (e.g. diligence in one's own affairs; insignificant breach of duty), we are only liable<\/p>\n

a) for damages resulting from injury to life, body or health,<\/p>\n

b) for damages arising from the breach of a material contractual obligation (an obligation whose fulfilment makes the proper implementation of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage. Liability in the event of a delay in delivery is limited in accordance with Section 4.4. \n7.3 The limitations of liability resulting from 7.2 also apply to third parties and in the event of breaches of duty by persons (also for their benefit) for whose fault we are responsible in accordance with statutory provisions. They do not apply insofar as a defect has been fraudulently concealed or a guarantee for the quality of the goods has been assumed, and for claims of the buyer under the Product Liability Act.<\/p>\n

7.4 The buyer may only rescind or terminate the contract for a breach of duty that does not constitute a defect if we are responsible for the breach of duty. The buyer's right to terminate at will (in particular pursuant to Sections 650 and 648 of the German Civil Code (BGB)) is excluded. In all other respects, the statutory prerequisites and legal consequences shall apply.<\/p>\n

 <\/h4>\n

8. Electronic commerce<\/h4>\n

 <\/p>\n

Orders or other legally binding declarations by the customer can be validly submitted using our electronic forms and via email, but require error-free receipt by us to be effective. Transmission errors \u2013 regardless of the cause \u2013 shall be at the customer's expense.<\/p>\n

 <\/h4>\n

9. Legal effectiveness, place of performance, applicable law, place of jurisdiction<\/h4>\n

 <\/p>\n

9.1 The place of performance is our business address.<\/p>\n

9.2 German law shall apply exclusively, to the exclusion of the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.<\/p>\n

9.3 The exclusive local jurisdiction of the court with subject-matter jurisdiction in the district of Upper Bavaria is agreed as the place of jurisdiction.<\/p>\n

9.4 Should any provisions of these GTC be legally ineffective, invalid and\/or void, or become so during the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions.<\/p>\n

 <\/p>\n

10. Privacy Policy<\/h4>\n

 <\/p>\n

10.1 Data relating to the business relationship (in particular name, address, telephone and fax numbers, email addresses, order, delivery and billing addresses, order date, ordered or delivered products, quantities, price, delivery dates, payment and reminder data, etc.) shall be stored and further processed electronically by Varga Hair. The customer hereby gives their consent to this.<\/p>\n

10.2 The detailed data protection information (privacy notice) in accordance with Articles 13 et seq. GDPR is available on our homepage at: https:\/\/www.vargahair.com\/datenschutzerklaerung\/.<\/p>\n

10.3 The customer is obliged to implement all necessary data protection measures, in particular those pursuant to the GDPR (e.g. obtaining declarations of consent from any data subjects concerned), so that Varga Hair may process the personal data for the purpose of the contractual relationship.<\/p>\n

 <\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/section>","protected":false},"excerpt":{"rendered":"

G\u00fcltig ab 26.04.2021   1. Angebot, Vertragsabschluss und -inhalt, Verkaufsverbot, Mindestbestellwert   1.1. 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