Terms of service
General Terms and Conditions
Table of Contents
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- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Applicable Law
- Code of Conduct
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of La Peruca GmbH, represented by the managing directors Luc Feenstra and Christian Neis (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller relating to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or professional activity.
1.3 For the purposes of these GTC, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their trade, business, or professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, by clicking the button concluding the order process, the Customer submits a legally binding offer for the goods contained in the shopping cart. The Customer may also submit the offer to the Seller by telephone, fax, email, post, or via the online contact form.
2.3 The Seller may accept the Customer’s offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed their order.
If several of the above alternatives apply, the contract is formed at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the date of sending the offer. If the Seller does not accept the Customer’s offer within this period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer chooses a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), under the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or—if the Customer does not have a PayPal account—under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a PayPal payment option selectable in the online ordering process, the Seller declares, even now, acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the ordering process.
2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent their order. The Seller does not provide any further access to the contract text. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login details.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions as long as they have not clicked the button concluding the order process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using spam filters, that all emails sent by the Seller or by third parties commissioned by the Seller to handle the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs that may be incurred will be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, fees for transferring money via credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3 The payment option(s) available to the Customer will be communicated in the Seller’s online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after the contract is concluded unless the parties have agreed on a later due date.
4.5 If the “purchase on account” payment method is selected, the purchase price is due once the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the purchase on account payment method only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In such a case, the Seller will point out any corresponding payment restrictions to the Customer in the payment information in the online shop. The Seller also reserves the right, when the purchase on account payment method is selected, to carry out a credit check and to decline this payment method if the result of the credit check is negative.
4.6 If the Customer selects the credit card payment method, the invoice amount becomes due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which is authorized by the Seller to collect payments on its behalf. PAYONE GmbH will collect the invoice amount from the credit card account specified by the Customer. The credit card will be charged immediately after the Customer sends the order in the online shop. The Seller remains responsible for general customer inquiries (e.g. about the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and returns or credits) even if the credit card payment method is selected via PAYONE GmbH.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing is decisive for handling the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for sending the goods if the Customer effectively exercises their right of withdrawal. Regarding the return costs, in the event that the Customer effectively exercises their right of withdrawal, the provision made in the Seller’s cancellation policy applies.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, freight carrier, or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even if acting as a consumer, as soon as the Seller delivers the item to the forwarding agent, freight carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, freight carrier, or other person or institution to perform the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.
5.5 If the Seller offers the goods for collection, the Customer may pick up the ordered goods within the business hours stated by the Seller at the address indicated by the Seller. In this case, no shipping costs will be charged.
6) Retention of Title
If the Seller provides goods in advance, it retains ownership of the delivered goods until the owed purchase price has been paid in full.
7) Liability for Defects (Warranty)
7.1 Unless otherwise specified in the following provisions, the statutory liability for defects shall apply. The following deviations apply to contracts for the delivery of goods:
7.2 If the Customer is an entrepreneur:
- the Seller has the right to choose the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- claims and rights due to defects in used goods are excluded;
- the limitation period does not start anew if a replacement delivery is made as part of liability for defects.
7.3 The aforementioned limitations of liability and shortened periods do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.5 If the Customer is a merchant within the meaning of Section 1 HGB (German Commercial Code), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB shall apply. If the Customer fails to comply with the obligations set out therein, the goods shall be deemed approved.
7.6 If the Customer is acting as a consumer, they are requested to file a complaint with the delivery agent about any goods delivered with obvious transport damage and to inform the Seller accordingly. Failure to do so will have no effect on the Customer’s statutory or contractual claims for defects.
8) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
9) Code of Conduct
- The Seller has submitted to the “Google Customer Reviews” guidelines, which can be viewed online at: https://support.google.com/merchants/topic/7105962
- The Seller has submitted to the Trusted Shops quality criteria, which can be viewed online at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
10) Alternative Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board.



