General terms and conditions of business
Terms of contract within the framework of sales contracts concluded via the platform cerena-shop.de
sand road 27
Fax: +49(0)212/380 2082
Phone: +49(0)212/380 20 80
Represented by the managing partner
VAT identification no.: DE 812789392
hereinafter referred to as "Provider" and
the customer designated in § 2 of the contract - hereinafter referred to as "Customer".
§ 1 Scope, Definitions
(1) For the business relationship between the webshop provider: Cerena GmbH (hereinafter referred to as "Provider") and the Customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of Contract
(1) The Customer can select products, in particular hairdressing articles (scissors, razors, brushes, combs, hair care products, cabinet goods, hairdressing accessories) from the range of the Provider and collect them in a so-called shopping cart via the button "add to shopping cart". By clicking on the button "order with obligation to pay" he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it shall be  days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(4) If the Customer acquires the goods for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the object of purchase shall pass to him as soon as the Provider has delivered the goods to the forwarding agent, the carrier or the person otherwise designated to carry out the shipment.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the supplier, understand themselves including the valid in each case legal value added tax.
(2) From an order value of 75.00 EUR gross, the provider delivers to the customer free of shipping costs within Germany.
(4) The customer has to bear the direct costs of the return in case of a revocation.
§ 6 Payment modalities
(1) The customer can make payment by direct debit, bank transfer, credit card and PayPal.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
§ 7 Warranty for material defects, guarantee
(1) The Provider is liable for material defects towards consumers in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. However, the customer must notify the provider in writing (e-mail is sufficient) of obvious defects within a period of one month, otherwise his claims for defects are excluded.
(2) If the purchase is a commercial transaction for the Provider and the Customer, the Customer must immediately inspect the delivered goods for deviations in quality and quantity and notify the Provider in writing of any visible defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to the supplier in writing within a period of one week from discovery. The timely dispatch is sufficient to meet the deadline. In this case, the customer bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
In the event of defects, the Provider shall, at its own discretion, provide warranty by repair or replacement.
The customer's claims due to defects are subject to a limitation period of one year. This limitation period does not apply to claims for damages.
(3) A warranty exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 9 RIGHT OF REVOCATION FOR CONSUMERS
If the customer is a consumer (§ 13 BGB), he has a right of withdrawal.
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us,
Fax: +49(0)212/380 2082
Phone: +49(0)212/380 20 80
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, 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 any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
Fax: +49(0)212/380 2082
Herewith I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following
goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete as applicable.
Sample cancellation form for download (pdf)
§ 10 Information on data processing
The provider collects data from the customer in the course of processing contracts. In doing so, it observes the provisions of data protection law, in particular the provisions of the General Data Protection Regulation. You can find more details in our data protection declaration.
§ 11 Final Provisions
(1) If the customer is a merchant, these GTC and all legal relationships between the provider and the customer shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. Prerequisites and effects of the retention of title are subject to the law at the respective place of storage of the item, insofar as the choice of law made in favor of German law is inadmissible or ineffective thereafter. If the customer is a consumer, the statutory provisions shall apply.
(2) 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 registered office of the Provider.
(3) The Provider shall be entitled to amend these GTC at any time, provided that this does not affect essential provisions of the contractual relationship and this is necessary to adapt to developments that were not foreseeable at the time of conclusion of the contract and whose non-consideration would noticeably disturb the balance of the contractual relationship. Material provisions are in particular those relating to the type and scope of the contractually agreed services and the term, including the provisions on termination. In addition, changes may be made in order to close regulatory gaps that have arisen after the conclusion of the contract, such as in the case of changes in case law. The Provider shall expressly notify the Customer of the change. The customer may object to the amended GTC within a period of six weeks. The Provider shall expressly draw the Customer's attention to this right of objection with each amendment. If the Customer does not object to the amendment within the period, the new GTC shall apply as of the date of expiry of the period.
(5) The EU Commission provides an online platform for online dispute resolution (ODR platform), which can be found here https://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for the settlement of their disputes. We are not legally obligated to participate in an arbitration procedure and unfortunately cannot offer participation in such procedures.
GTC Status 28.10.2021