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AGB

General terms and conditions and consumer protection information

Mia&Pia is a trademark of Hairmania GmbH, Helene-Wessel-Bogen 21, 80939 Munich, Germany

§ 1
Scope / General

The following provisions regulate the contractual relationship between Hairmania GmbH (hereinafter referred to as "Hairmania") and you as a customer in addition to the statutory provisions; they also contain the provisions required by § 312c BGB in conjunction with Article 246 §§1 and 2 EGBGB, § 312e BGB in conjunction with Article 246 § 3 EGBGB, § 312g BGB in connection with Art 246 § 3 EGBGB and § 312j BGB prescribed references and information.

Upon delivery of the ordered goods, you as a customer who is not acting in the exercise of his commercial or independent professional activity, but who orders goods for private use ("consumer" in the sense of § 13 BGB), receive the consumer protection information contained in these General Terms and Conditions and the cancellation policy again as separate documents. On our homepage you also have the possibility to download and/or print out the contractual provisions including these General Terms and Conditions as well as the consumer protection information by clicking on the fields provided for this purpose.

Hairmania does not recognise any deviating general terms and conditions of the customer, unless Hairmania expressly agrees to their validity in writing in advance.

With your order, you as a customer accept the following General Terms and Conditions.

§ 2
Offers

(1) For the products we sell and their essential features, please refer to our current product pages on our homepage at www.miapia.de. Depending on the quality and setting of your monitor, graphics card, printer and other hardware and software used to display our product pages from our homepage, the colour and also the shape of the products displayed may differ slightly from their actual appearance.

(2) The presentation of the product range on the product pages of our homepage does not yet constitute a legally binding offer in the sense of §§ 145ff. BGB. With the update of our Internet offer, the previous products can no longer be ordered or can no longer be ordered under the previously stated conditions.

(3) Until the legally binding acceptance of your order, we reserve the right to reject your offer in the event that the ordered goods are not available. In this case we will inform you immediately about the unavailability and refund any payments already made without delay. In the event of changes in colour and design of the articles, printing errors and mistakes as well as technical improvements, we further reserve the right to offer you a service equivalent in quality and price.

§ 3
Contracting parties, ordering options and conclusion of the contract

(1) Your contractual partner is Hairmania GmbH, represented by its managing director Mrs. Tina Schinagl, Helene-Wessel-Bogen 21, 80939 Munich, Germany, Tel.: +49 (0)174 / 24 34 322, E-Mail: office@miapia.de, Commercial Register: Munich Local Court, HRB 187383, Sales Tax Identification Number DE273476099.

(2) The sales contract between you and Hairmania only comes into effect when your order is accepted by Hairmania. Orders are only possible for deliveries within the EU, Norway and Switzerland. Orders for delivery to other countries will not be accepted.

You can place your order online by filling out and sending the order form provided on our homepage (www.miapia.de) after prior registration (for the possibilities of recognising and correcting input errors before placing the order, see § 4). The receipt of your order will be confirmed to you electronically without delay.

We accept your order by delivering the ordered goods, provided the ordered goods are available. If Hairmania is unable to accept your offer, you will be informed immediately, and any payments already made by you will be refunded immediately.

(3) If the customer purchases our goods in the exercise of his commercial or self-employed professional activity ("entrepreneur" in the sense of § 14 BGB), the risk shall pass to the customer in accordance with §§ 446, 447 para. 1 BGB upon delivery to the company that arranges the shipment.

§ 4
Detection and correction of input errors with online orders

Once you have added the desired articles to your order, you can access your article overview via the shopping cart symbol. Here you have the possibility to change the quantities or to remove articles from your order completely. In the next step, the personal data required for order processing will be requested. By agreeing to the general terms and conditions and consumer protection information, you reach the last step of the ordering process. Here you will receive a complete overview of your selected articles, the total price of your order as well as all information about delivery and payment methods. Please check all details carefully for possible input errors. In case of a correction, use the back button next to the data to be changed. If all the details are correct, click on "order subject to payment". This completes the order process.

§ 5
Prices and shipping costs

(1) The prices stated in our current product pages on our homepage at the time of your order shall apply. These amounts represent total prices, which include all taxes as well as packaging costs. Price errors excepted. If the correct price is higher, you will be contacted; in such a case, a contract will only be concluded if you wish to buy at this price. If the correct price is lower, this price will be charged. VAT will only be deducted for deliveries within the EU if the customer's VAT identification number is provided, outside the EU in general.

(2) For delivery to your delivery address, we charge the following shipping costs in addition to the purchase price. The flat rate for shipping is € 7.90 for deliveries to Germany and Austria and € 16.90 for deliveries within the EU.

(3) For deliveries to Switzerland, any taxes and customs duties shall be borne by you.

§ 6
Terms of delivery

(1) Unless otherwise agreed, the delivery will be made to the address you specify.

(2) The delivery time within Germany is about 5-7 working days, to Austria and the EU about 7-9 working days, to Switzerland about 7-9 working days. In case of prepayment, the delivery period begins one day after the payment order has been issued to the transferring bank. In all other cases, the delivery period begins one day after the legally binding acceptance of the order.

(3) If the goods are damaged during transport, you must immediately notify the transport company of the damage and claim the damage there. Hairmania is not liable for culpable behaviour of third parties. This shall not apply if the goods are delivered to Germany and you are a consumer.

(4) Hairmania is not responsible if there are obstacles to delivery in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Hairmania is not responsible, Hairmania is entitled to withdraw from the contract in whole or in part. Hairmania will inform you immediately in this respect. Claims for damages are excluded in this case. You will be informed about existing delivery restrictions before the ordering process begins.

§ 7
Payment

(1) We accept advance payment via PayPal at your choice. For the payment via PayPal, the general terms and conditions of PayPal (Europe) S.à.r.l. & Cie S.C.A. (www.paypal.com) apply additionally. 
Additional payment methods for Germany and Austria are:

Instant bank transfer,
Purchase on account via PayPal, creditworthiness assumed.
For purchase on account the AGB of PayPAL apply
Purchase by direct debit via PayPal
Prepayment by bank transfer
Cash on delivery is only offered in Germany.
Other payment methods are unfortunately not possible.

(2) The purchase price as well as the accruing shipping costs (see § 5) are due upon conclusion of the contract.

§ 8
Retention of title

Hairmania reserves the right of ownership of the delivered goods until the purchase price has been paid in full (reservation of ownership).

§ 9
Costs of returning goods

You bear the direct costs of returning the goods, unless the delivered goods do not correspond to the goods ordered by you.

 


§ 10
Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods or, in the case of a contract covering several goods ordered by you (as consumer) under a single order and delivered separately, from the day on which you or a third party designated by you, other than the carrier, have taken possession of the last of the goods.

In order to exercise your right of withdrawal, you must give us,

Mia & Pia
c/o HairMania GmbH
Helene-Wessel-Bow 21
80939 Munich

+49 (0) 174 / 24 34 332
e-mail: service@miapia.de

inform us by means of a clear statement (for example, a letter, fax, telephone or e-mail sent by post) of your decision to withdraw from this contract.

You may also electronically complete and submit the sample cancellation form or other unique statement on our website www.miapia.de/widerruf. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.

- End of the cancellation policy -

 


§ 11
Warranty / Liability

(1) Hairmania shall be responsible for justified notices of defects within the statutory warranty periods. As Hairmania hair products (e.g. strands, stripes) are consumable goods, any defects in these hair products can be notified within 4 months of delivery.

In case of improper hair treatment and hair care according to the care tips, warranty or compensation claims of the customer are excluded. There are therefore no warranty or compensation claims in the event of a change in hair colour and improper hair treatment, such as, in particular, failure to follow the daily care as described in the care tips (especially head-over-brushes and head-over-hair washing), excessive exposure to sunlight or solarium, the use of hair care products and hair brushes not recommended by Hairmania, etc. Furthermore there are no warranty and compensation claims in case of loosening strands and stripes or fallen out hair. There are no warranty or compensation claims in case of mechanical damages of any kind (e.g. also in case of only slight use of force), especially in case of strands or stripes (tape-ins, clip-ins) that have fallen out, torn out or lost their own hair, as this can happen at any time due to biological reasons. Furthermore, in case of improper application of the hair extension by the customer or a third party, warranty or compensation claims are excluded.

(2) If you purchase our goods in the exercise of your commercial or self-employed professional activity ("entrepreneur" in the sense of § 14 BGB), Hairmania shall only be liable to you for damages which have not occurred to life, body or health in the event of gross negligence or intent. This does not affect the liability arising from the Product Liability Act or from the breach of contractual cardinal obligations.

(3) Complaints and warranty rights can be asserted against you: 
Mia & Pia
For the attention of HairMania GmbH
Helene-Wessel-Bow 21
80939 Munich
e-mail: service@miapia.de

To make our work easier, we ask you to describe the reason for your complaint as precisely as possible.
 

12
Right of set-off, right of retention

(1) You may only offset if your claims have been legally established or are undisputed.

(2) You shall also be entitled to set off against our claims if you assert notices of defects or counterclaims from the same purchase contract. You may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 13
Data protection

We would like to point out that the data necessary for the processing of business transactions is processed and stored by means of an EDP system. The responsible office is HairMania GmbH, Helene-Wessel-Bogen 21, 80939 Munich, Germany, Tel.: +49 (0)174 / 24 34 332, E-Mail: office@miapia.de. Personal data will of course be treated confidentially.

If necessary, we will forward personal data to service partners and other companies involved in the processing of your order.

If you expressly agree, special offers tailored to your interests will be made to you in the customer area and / or your e-mail address will be used for the submission of such offers. You are not bound to your once given consent and can revoke it at any time by e-mail to office@miapia.de.
Detailed information on the data protection of HairMania GmbH can be found at www.miapia.de/datenschutz.


§ 14
Applicable law and place of jurisdiction for entrepreneurs

If you purchase our goods in the exercise of your commercial or self-employed professional activity ("entrepreneur" in the sense of § 14 BGB), the contract concluded between you and Hairmania shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the German provisions on applicable law (IPR). In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall only apply to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. In business transactions with entrepreneurs, Munich is agreed as the place of jurisdiction for all disputes arising from and/or in connection with such a contract for both parties.

Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS) which can be found at http://ec.europa.eu/consumers/odr/. We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.


§ 15
Amendment of the General Terms and Conditions / subject to change

(1) Changes and additions to the contract concluded between Hairmania and you must be made in writing to be effective. This also applies to the cancellation of the written form clause.

(2) We are entitled to unilaterally amend these General Terms and Conditions of Business, as far as this is necessary to eliminate equivalence problems that arise subsequently or to adapt to changed legal or technical framework conditions. We will inform you about an adjustment by notifying you of the content of the changed regulations. The amendment shall become part of the contract if you do not object to the inclusion in the contractual relationship within six weeks of receipt of the notification of amendment in writing or text form. 
 

§ 16
Severability clause

Should one or more provisions of this business agreement be or become invalid or unenforceable, the remaining provisions shall not be affected. The affected provision(s) will be replaced by effective and enforceable provisions that most closely correspond to the originally intended purpose.

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