Terms and Conditions

§ 1 Scope, Definitions

(1) Echthaardirekt eGbR, Ferhat Bulut & Özge Bulut, Römeraue 5, 71636 Ludwigsburg, Germany (hereinafter: “we” or “EchtHaarDirekt”) operates an online shop for goods at the website https://echthaardirekt.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) A “consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession, with a partnership with legal capacity being a partnership that has the capacity to acquire rights and incur liabilities.

§ 2 Formation of Contracts, Storage of the Contract Text

(1) The following provisions on contract conclusion apply to orders placed through our online shop at https://echthaardirekt.de.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) The following provisions apply when an order is received in our online shop: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods,
2. Adding the products by clicking the corresponding button (e.g. “Add to cart”, “Add to bag”, or similar),
3. Checking the details in the shopping cart,
4. Accessing the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “Order overview”, or similar),
5. Entering/checking address and contact details, selecting the payment method, confirming the Terms and Conditions and withdrawal policy,
6. If the agreed characteristics of the goods deviate from their usual characteristics and conditions of use, confirmation of a negative quality agreement,
7. Completion of the order by clicking the “Buy now” button. This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us at the email address provided within three working days.

(4) In the event of a contract being concluded, the contract is formed with Echthaardirekt eGbR, Ferhat Bulut & Özge Bulut, Römeraue 5, 71636 Ludwigsburg, Germany.

(5) Before placing the order, the contract details can be printed out using the browser’s print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the Terms and Conditions, and the withdrawal policy, takes place by email after you submit the order, in part automatically. We do not store the contract text after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g. the browser’s “back” button). They can also be corrected by cancelling the order process early, closing the browser window, and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place in part automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Subject Matter of the Contract and Essential Characteristics of the Products

(1) In our online shop, the subject matter of the contract is:

1. The sale of goods. You can find the specific goods offered on our product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed characteristics of the goods deviate from their usual characteristics and conditions of use, this will be expressly pointed out in the product description (negative quality agreement). Insofar as the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.

§ 4 Prices, Shipping Costs, and Delivery

(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under an appropriately labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system, and on the order overview.

(4) “All products are individually made according to customer specifications. The estimated delivery time is 10–14 working days after receipt of payment. Production-related delays, in particular due to necessary colour adjustments or raw material availability, are possible and do not give rise to any claim for cancellation or damages.

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.

(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of delivery if you effectively exercise your right of withdrawal. For the return shipping costs, if you effectively exercise your right of withdrawal, the provision made by us in this regard in the withdrawal policy shall apply.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of Withdrawal

Since each of our human hair products is custom-made according to your individual wishes (colour, weight, length, texture, quality, attachment method), all orders are custom-made individual items.

Please note: In accordance with § 312g (2) No. 1 BGB (German Civil Code), there is no right of withdrawal for custom-made goods. A cancellation or return after the conclusion of the contract is excluded.

Different rules apply to standard goods and items available for immediate delivery. For goods we hold in stock and ship unchanged – care products such as the 2-phase treatment, colour rings and colour samples, accessories, and ready-to-ship stock items that have not been made to your specifications – the statutory right of withdrawal of fourteen days applies in full. You can find the complete withdrawal policy, including the sample withdrawal form, under Withdrawal Policy; you can declare your withdrawal directly using our Withdrawal Form. For goods delivered sealed, the right of withdrawal expires once the seal has been removed after delivery (§ 312g para. 2 no. 3 BGB).

Extended Terms and Conditions – Custom-Made Products, Hygiene & Warranty

§ 7 Custom-Made Products, Use and Exclusion of the Right of Withdrawal

(1) Individual production
All products made according to customer specifications – in particular colour-matched, structurally modified or specially prepared human hair extensions – are considered goods manufactured to customer specification.

(2) Exclusion of the right of withdrawal
No right of withdrawal exists for these goods pursuant to § 312g para. 2 no. 1 BGB, as they are clearly tailored to the customer’s personal needs and cannot be resold otherwise.

§ 8 Hygiene Exclusion and First Use

(1) Human hair extensions are hygiene products.
Once applied, the seal opened, or otherwise put into use, the goods are considered used.

(2) A return, exchange or refund is generally excluded once the extensions have been applied or worn.

§ 9 Condition, Colour Behaviour and Material Properties

(1) The condition of the goods at the time of handover is solely decisive for conformity with the contract.

(2) Human hair is a natural product and may – particularly in the case of individually coloured or refined hair – react in the following ways:
• slight washing-out of colour pigments after hair washing
• changes in colour intensity due to care products, UV radiation or heat
• structural changes due to styling
• natural variations in shine, softness or texture

These characteristics do not constitute a material defect within the meaning of § 434 BGB, provided that the agreed condition was present at the time of handover.

(3) As our human hair products are individually coloured and manufactured in advance according to customer specification, the actual colour result of the first production may deviate slightly from the chosen colour code or colour samples. Human hair absorbs colour differently – even when using identical colour codes – due to its natural properties (origin, structure, porosity). Minor colour deviations of this kind are due to the production process, are known to the customer and are accepted by them; they do not constitute a material defect within the meaning of § 434 BGB and do not give rise to any claim for return, price reduction or damages. This circumstance is reflected in a correspondingly reduced price.

§ 10 Warranty and Burden of Proof

(1) The statutory warranty rights pursuant to §§ 434 et seq. BGB apply.

(2) Within the first twelve months after handover, it is presumed pursuant to § 477 BGB that a material defect that occurs was already present at the time of handover, unless this presumption is incompatible with the nature of the goods or the defect.

(3) In particular, no warranty claim exists in the case of:
• colour changes due to hair washing
• use of unsuitable care products
• failure to observe the care instructions
• mechanical or thermal overstress
• normal wear and tear from wearing

(4) In the event of a demonstrable material or manufacturing defect, the customer is initially entitled to subsequent performance (repair or replacement delivery).
A claim for rescission or refund of the purchase price only arises after subsequent performance has failed twice (§ 440 BGB).

§ 11 Exclusion of Liability for Improper Handling

No liability is assumed for damage caused by improper handling, independent re-colouring, bleaching, chemical treatments, or improper application.

§ 12 Contract Language

German is the only language available for the contract.

§ 13 Liability

(1) Subject to the exceptions below, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.

(2) We are liable without limitation for slight negligence in the case of injury to life, body or health, or in the event of a breach of a material contractual obligation. If, through slight negligence, we have fallen into default with our performance, if performance has become impossible, or if we have breached a material contractual obligation, liability for resulting property damage and financial loss is limited to the foreseeable damage typical for this type of contract. A material contractual obligation is one whose fulfilment is essential for the proper execution of the contract in the first place, whose breach would jeopardise the achievement of the purpose of the contract, and on whose observance you may regularly rely. This includes in particular our obligation to act and to provide the contractually owed performance described in § 3.

§ 14 Warranty

(1) The warranty is governed by the statutory provisions.

(2) Towards businesses, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are asked to check the goods/digital products or the service provided promptly upon fulfilment of the contract for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so, of course, has no effect on your statutory warranty claims.

§ 15 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider’s registered office.