GTC

General Terms and Conditions of neqi-hair.com

These GTC are applicable to

• access to the website www.neqi-hair.com (hereinafter "Website", to A.) and
• purchase contracts concluded on the website (B.), 

in a legally binding manner. 

Users are requested to take careful note of this document.

This website is offered by:

New Flag GmbH
Leopoldstraße 154
80804 Munich
E: info@neqi-hair.com

Managing Directors: Sophie Trelles-Tvede, Niklas Epstein, Daniel Haffa, Felix Haffa

Commercial register: Munich Local Court, HRB 188392
Sales tax identification number: DE 275 43 3655

Responsible for content according to § 55 Abs. 2 RStV
Niklas Epstein
Leopoldstraße 154
80804 München

New Flag GmbH has appointed a company data protection officer. You can reach him at the above address, Attn: Data Protection Officer and at datenschutz@new-flag.com.

Note:

• It should be noted that individual provisions of these GTC may only be relevant for certain categories of users, for example only for consumers or only for users who are not acting as consumers. Such restrictions of the scope of application shall be expressly indicated in each clause concerned. If no such reference is made, the clause shall apply to all users.
• Only European consumers are entitled to the right of withdrawal.
  

A. Terms of use for the website:

1. General information

   1.1 This website is offered by New Flag GmbH (hereinafter referred to as "Provider").

   1.2 Unless otherwise stated, the terms and conditions set out in this section apply when accessing this website.

   1.3 Individual or additional terms of use or access may apply in certain circumstances and in such cases are expressly stated in this document.
   

2. Availability
   The provider always endeavors to ensure that the website is available to users without interruptions and that transmissions are error-free. However, this cannot be guaranteed at all times. Access to the website may also be interrupted or restricted from time to time to allow for repairs, maintenance or the introduction of new facilities. The provider shall endeavor to limit the duration and frequency of such temporary interruptions.
   
   
3. Content/property available via this website

   3.1 Unless otherwise stated or clearly recognizable, all content available via this website is the property of the provider and is provided by the provider or its licensors.

   3.2 The provider makes every effort to ensure that the content made available via this website does not violate applicable laws or the rights of third parties. However, it is not always possible to achieve this result.
   In such cases, users are requested to address their complaint preferably to the contact details provided in this document.
   

4. Rights to the content available via this website
   4.1. All rights to the content are reserved by the provider.

   4.2 Users may only use the content to the extent that this is necessary or - also implicitly - intended for the proper use of the offer on the website.

   4.3 Under no circumstances are users permitted to reproduce, download, distribute, edit, translate, modify, redesign, publish, transfer to third parties, sell or license the content, or to enable third parties - even without the user's knowledge - to carry out said actions via their own device.

   4.4 Where expressly indicated via this website, the user may download, reproduce and/or distribute selected content available via this website for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the provider are correctly affixed. Legal restrictions or exceptions remain unaffected by this.
   

5. Access to external resources
   Users may be able to access external resources provided by third parties via this website. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
   The conditions under which such resources provided by third parties are available and under which rights of use to such content are granted, if applicable, result from the contractual provisions of each third party or, alternatively, from the applicable statutory provisions.
   
   

6. Permitted use
   6.1 This website may only be used as intended and in accordance with these GTC and the applicable statutory provisions.

   6.2 Users themselves are responsible for ensuring that their access to this website and/or their use of the service does not violate any statutory provisions, regulations or third-party rights.

   6.3 Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as deny users access to this website, terminate contracts, report objectionable actions taking place via this website to the competent authorities - such as judicial or administrative authorities - if users demonstrably or presumably:
   
   - violate legal regulations, ordinances or these GTC; or
   - violate the rights of third parties; or
   - significantly impair the legitimate interests of the provider; or
   - insult the provider or a third party.
   

7. Limitation of Liability
   To the extent permitted by law, in no event shall the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
   
   - any indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising in connection with the use of the Website or its unavailability; and
   - any damages and losses resulting from hacking, tampering or other unauthorized access or use of the user account website and the information contained therein;
   - any content errors, mistakes or inaccuracies;
   - property damage of any kind arising out of the User's access to or use of the Website;
   - any unauthorized access to the Provider's backup servers and/or the personal information stored therein;
   - any interruption or cessation of transmission to or through the Website;
   - any bugs, viruses, Trojan horses or the like that may infect your computer equipment, computer systems or other property. ä., to or through the Website;
   - any errors or omissions in the content or for any loss or damage arising from the use of any content posted, emailed, transmitted or otherwise made available via the Provider; and/or
   
   
8. Indemnification
   

   The User agrees to indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, but not limited to, legal fees and expenses, arising from

   - the access to and use of the Website, including any data or content transmitted or received by the User;
   - the violation of these Terms of Use by the User;
   - the violation of third party rights by the User, including, but not limited to, personal rights or intellectual property rights;
   - the violation of legal provisions, rules or regulations by the User;
   - any content transmitted from the User's account, including in the case of access by third parties using the User's username, password or other security measures, if any, and including misleading, false or inaccurate information;
   - the alleged misconduct of the User; or
   - the violation of any legal provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, 

   to the extent permitted by applicable law.

B. Conditions of sale:

1. Product description
   

   1.1 Prices, descriptions and availability of the products can be viewed in the relevant sections of this website and are subject to change without notice.

   1.2 Although products are presented on this website with the greatest possible technical care, representations of any kind (including graphic representations, images, colors, sounds) are for reference only and do not constitute a guarantee of the characteristics of the purchased product.

   1.3 The characteristics of the selected product will be explained during the purchase process.

2. Purchase process
   

   2.1 The presentation and advertising of articles on the website does not constitute a binding offer to conclude a purchase contract.

   2.2 All steps from selecting a product to placing the order are part of the purchase process. The purchase process includes the following steps:
   - The user selects the desired product from the range and checks their own product selection.
   - After checking the details of the product selection, the user can place the order (see 3. below) by submitting it to the provider.
   

3. Placing the order/concluding a purchase contract
   3.1 When the user places an order, the following applies:
   
   - Placing an order by clicking the [Buy/Order with obligation to pay] button constitutes a legally binding offer to conclude a purchase contract. Placing the order therefore creates an obligation for the user to pay the purchase price, taxes and any other fees and expenses in accordance with the details on the order page.
   - If information is required from the user, such as personal information or data, specifications or special requests, the placing of the order constitutes an obligation on the part of the user to cooperate accordingly.
   - After placing the order, users receive a confirmation of receipt. The confirmation of receipt does not constitute acceptance of the offer to conclude the purchase contract.
   - A contract is only concluded when the provider accepts the order by sending a declaration of acceptance ("order confirmation") to the user by e-mail or by delivering the ordered items.
   
   

   All notifications in connection with the purchase process described will be sent to the e-mail address provided by the user for this purpose.

   3.2 The provider is entitled to reject contract offers without giving reasons. In this case, the provider shall inform the user of the rejection of the offer by e-mail. Any payments received will be refunded immediately. The same means of payment that was used for the original transaction will be used for this refund, unless expressly agreed otherwise with the user. 

   3.3 The provider also reserves the right to withdraw from the contract if the goods are not in stock from a carefully selected and reliable supplier through no fault of the provider (reservation of self-supply). In such a case, the provider undertakes to inform the user immediately of the unavailability of the goods and to refund any payments made without delay. The same means of payment that was used for the original transaction will be used for this refund, unless expressly agreed otherwise with the user.

4. Prices
   Users are informed of all fees, taxes and costs (including any shipping costs) to be borne by them during the purchase process and before placing the order.
   
5. Payment methods
   

   5.1 Information on the accepted payment methods will be provided during the purchase process.

   5.2 Some payment methods may only be available subject to additional conditions or fees. In these cases, you will find the relevant information in the corresponding section of the website.

   5.3 All payments are processed via third-party providers. Therefore, this website does not collect any payment information - such as credit card details - but only receives a notification when the payment has been successfully completed. 

   5.4 If the payment via the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfill the order. If a payment fails or is rejected, the Provider reserves the right to claim all associated costs or compensation from the User.

6. Retention of title
   The ordered products only become the property of the user upon receipt of payment of the full purchase price by the provider.
   
   
7. Delivery
   

   7.1 Deliveries shall be made to the address specified by the user and in the manner specified in the order overview.

   7.2 Upon delivery, users should check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described in the delivery bill. Users may refuse to accept the package if it is visibly damaged.

   7.3 This website describes in the relevant section the countries or territories to which the goods will be delivered.

   7.4 This website also describes the corresponding delivery times, the delivery time is also displayed during the ordering process. However, the delivery times are indicative. The supplier is expressly not liable for delays in delivery.

   7.5 However, the Provider is not liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the User, nor for damage or delays after delivery to the carrier if the carrier was commissioned by the User and was not recommended or provided by the Provider.
   

   7.6 If the goods have not been accepted at the specified time or collected within the specified period, the goods will be returned to the provider. In this case, the provider will contact the user to arrange a second delivery attempt or to discuss the further procedure.
   
   7.7 Unless otherwise agreed, the user shall also bear the costs for each further delivery attempt from the second delivery attempt onwards.
   
8. Right of withdrawal for consumers
   

   8.1 If the user is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), they have a right of withdrawal in accordance with the statutory provisions.

   8.2 If the customer as a consumer makes use of the right of withdrawal according to section 8.1, he has to bear the regular costs of the return shipment.

   8.3 In all other respects, the right of revocation is governed by the provisions set out in detail in the following
   

   Cancellation policy

   I. Right of withdrawal 

   You have the right to withdraw from this contract within fourteen days without giving any reason.

   The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

   To exercise the right to cancel, you must inform us (New Flag GmbH, Leopoldstraße 154, 80804 München, T: + 49 (0) 89 889 970 44, F: + 49 (0) 89 4111 93833, E: support@new-flag.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form at the bottom of the page, but this is not mandatory. You can send the sample withdrawal form or another clear declaration. If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).
   
   To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
   

   II Consequences of revocation

   If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

   You must return or hand over the goods to us or to (insert the name and address of the person authorized by you to receive the goods, if applicable) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

   You bear the direct costs of returning the goods.

   You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
   
   - End of cancellation policy-
   

   8.4 The right of withdrawal does not apply to distance contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
   

9. Limitation of liability
   

   The liability of the provider is limited as follows: 

   9.1 The Provider shall be liable for intent and gross negligence in accordance with the statutory provisions. In other cases - unless otherwise regulated in Section 9.2 - the Provider shall only be liable in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the User may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the liability of the Provider is excluded, subject to the provision in Section 9.2. The limitations of liability shall apply accordingly in favor of the Provider's employees, agents and vicarious agents.

   9.2 The above exclusions of liability under clause 9.1. shall not apply in the event of injury to life, limb or health. Liability for the assumption of a guarantee and under the Product Liability Act shall also remain unaffected. 

10. Warranty
    

    10.1 The statutory warranty rights apply to all contracts between the provider and the user.

    10.2 Warranty rights vis-à-vis entrepreneurs as buyers shall expire six months after the transfer of risk.

    10.3 Warranty rights vis-à-vis consumers for new goods shall expire within two years of the transfer of risk.

    10.4 Damage caused by improper handling of the goods by the user is excluded from the warranty.

11. No waiver
    Failure by the Provider to assert any right under these GTC or to enforce any provision of these GTC shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
    
12. Indemnification
    

    The User agrees to indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, but not limited to, legal fees and expenses, arising from

    - the breach of these Terms of Sale by the User;
    - the infringement of third party rights by the User, including but not limited to personal rights or intellectual property rights;
    - the breach of any statutory provision, rule or regulation by the User;
    - the breach of any statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, 

    to the extent permitted by applicable law.

13. Reselling
    Users may not reproduce, duplicate, copy, sell, resell or exploit this Site and the Service in any way without the express prior written permission of the Provider, granted either directly or through a legitimate reseller program.
    
    
14. Intellectual Property Rights
    14.1 Notwithstanding any more specific provisions of these GTC, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the Provider's goods and services are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
    14.2 All trademarks, name or figurative marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Provider's goods and services are and shall remain the exclusive property of the Provider or its licensors and are subject to protection under applicable intellectual property laws or international treaties.
    
    
15. Assignment
    

    15.1 The Provider reserves the right to transfer, assign or pass on all rights and obligations arising from these GTC, taking into account the legitimate interests of the User. 

    15.2 The provisions on amendments to the GTC apply accordingly.
    Users may not assign or transfer their rights or obligations under the GTC in any way without the written consent of the Provider.
    

16. Prohibition of offsetting among merchants
    The user who is not a consumer can only offset against claims of the provider or assert a right of retention if his counterclaim is undisputed, a legally binding title exists or the counterclaim is in a synallagmatic relationship to the respective claim concerned.
    

C. Common provisions:

1. Privacy policy
   To find out more about the use of their personal data, users can consult the privacy policy of the service (this website).
   
2. Changes to these GTC
   

   2.1 The Provider reserves the right to change or otherwise modify these GTC at any time. In this case, the Provider shall inform the User of these changes in an appropriate manner.
   Such changes shall only apply to the contractual relationship from the point in time communicated to the User.

   2.2 By continuing to use the service, the user accepts the amended GTC. If users do not wish to be bound by the changes, they must stop using the service and can terminate the contract.

   2.3 If the revised terms and conditions are not accepted, either party may terminate the contract. For the relationship prior to the acceptance of the changes by the User, the respective valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.

3. Applicable law
   The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer and has his habitual residence in another country at the time of conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
   
   
4. Place of jurisdiction
   If the user is a merchant or has no general place of jurisdiction in Germany or in another EU member state, has moved his permanent place of residence abroad after these Terms of Use come into effect or if his place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction is Munich. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
   
   
5. Dispute resolution
   

   5.1 Amicable dispute resolution
   Users can address all disputes to the Owner, who will attempt to resolve them amicably.
   The User's right to take legal action remains unaffected at all times. However, in case of disputes regarding the use of the Service (this Website) or the Service, the User is kindly requested to contact the Owner using the contact details provided in this document.
   The User may send the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the Owner's email address indicated in this document.
   The Owner will process the request without undue delay and within 21 days of receipt.

   5.2 Online dispute resolution for consumers
   Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
   

6. Final provisions
   

   6.1 Should individual provisions of these GTC be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining GTC.

   6.2 Deviating terms and conditions of the user shall not become part of the contract even if the provider does not expressly object to their validity.

   6.3 Only the German version of these General Terms and Conditions shall apply. Any translations into other languages are provided solely for the convenience of users.

   Example withdrawal form

   To:
   New Flag GmbH
   Sophie Trelles-Tvede, Niklas Epstein, Daniel Haffa, Felix Haffa
   Leopoldstrasse 154
   80804 Munich
   F: + 49 (0) 89 4111 93833
   E: support@new-flag.com
   
   New Flag GmbH has appointed a company data protection officer. You can reach him at the above address, Attn: Data Protection Officer and at datenschutz@new-flag.com.
   
   I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
   _____________________________________________ (description of the goods/services that are the subject of the withdrawal)
   - Ordered on: _____________________________________________ (Datum einfügen)
   - Received on: _____________________________________________ (Datum einfügen)
   - Name of the consumer(s):_____________________________________________
   - Address of the consumer(s):_____________________________________________
   - Date: _____________________________________________
   (Signature if this form is submitted in paper form)