Terms of service

General terms and conditions for the use of the online shop

Media owner, publisher and publisher: CURLY BOX. (hereinafter referred to as "CURLY BOX"), owner: Melanie Pichler, Bahnstr. 138, 2731 Neusiedl am Steinfeld, Austria, mail: office@curlybox.at

§ 1 scope
(1) The following "General Terms and Conditions" (GTC) apply in the version valid on the day of the order for all purchase contracts for the products offered in the online shop between CURLY BOX and its customers. By placing his order, the customer agrees to these terms and conditions and is bound by them.

(2) Should individual provisions of these General Terms and Conditions be ineffective in whole or in part due to mandatory legal provisions (in particular the provisions of the KSchG), the remaining provisions of these General Terms and Conditions remain effective.

§ 2 conclusion of contract
All offers from CURLY BOX are subject to change and are to be understood as an invitation to the customer to submit an offer himself. The contract is concluded when the order is accepted by CURLY BOX, either by sending an order confirmation electronically or by post, or directly by sending the ordered goods.

§ 3 right of withdrawal
(1) Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from the purchase 14 days after taking delivery of the goods without giving reasons. It is sufficient if the cancellation notice is sent within the period without giving reasons.

(2) In the event of withdrawal, the purchase price will only be reimbursed step by step against the return of the goods received from the customer. The prerequisite for this is that the goods are in an unused and resalable condition. The cost of the return shipment is borne by the customer.

(3) In the case of items that are impaired or damaged by signs of use, CURLY BOX charges a reasonable fee for the impairment. The same applies if accessories are missing when the goods are returned.

(4) There is no right of withdrawal for services that have been transmitted online (e.g. software and publications for download) or for software that has been unsealed by the customer.

(5) In addition, the right of withdrawal does not exist for the following contracts:

(5a) Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(5b) Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.

(6) Inquiries or complaints to: CURLY BOX, Bahnstr. 138, 2731 Neusiedl am Steinfeld, Austria, mail: office@curlybox.at

(7) Sample cancellation form for download

§ 4 subscriptions

(1) CURLY BOX offers different types of subscriptions, so-called “subscription boxes”.
The "CURLY BOX" is a contract for the monthly delivery of hair care and styling items, the composition of which the provider decides at its reasonable discretion.

(2) The boxes can be ordered in the following versions:

Monthly subscription: This is a subscription with an indefinite term. This subscription can be terminated by both sides at any time in text form without giving reasons. The customer can carry out the termination in his customer account himself. An email with the confirmation of termination will be sent immediately. Deleting the customer account is not enough. A notice of termination that is received by the other party up to one day before the end of the current month (notice period) will take effect on the following month. No further deliveries follow after the termination and compliance with the notice period. The subscription is automatically extended by one month if the notice period is not met. The agreed minimum term is 2 months.

Quarterly subscription: This is a subscription with a minimum term of 3 months. This subscription can be terminated by both sides at any time in text form without giving reasons. The customer can carry out the termination in his customer account himself. An email with the confirmation of termination will be sent immediately. Deleting the customer account is not enough. The other side must be given notice of termination at least 3 days before the contract expires. The subscription is automatically extended by 3 months if the notice period has not been met. The right to terminate for an important reason remains unaffected.

Biannual subscription: This is a subscription with a minimum term of 6 months. This subscription can be terminated by both sides at any time in text form without giving reasons. The customer can carry out the termination in his customer account himself. An email with the confirmation of termination will be sent immediately. Deleting the customer account is not enough. The other side must be given notice of termination at least 3 days before the contract expires. The subscription extends sme automatically by 6 months if the notice period has not been met. The right to terminate for an important reason remains unaffected.

Annual subscription: This is a subscription with a minimum term of 12 months. This subscription can be terminated by both sides at any time in text form without giving reasons. The customer can carry out the termination in his customer account himself. An email with the confirmation of termination will be sent immediately. Deleting the customer account is not enough. The other side must be given notice of termination at least 3 days before the contract expires. The subscription is automatically extended by 12 months if the notice period has not been met. The right to terminate for an important reason remains unaffected.

Individual purchase: You can also test the CURLY BOX without obligation. Every month a certain amount of boxes will also be available for non-subscribers.

§ 5 prices
(1) In principle, the purchase price for the ordered goods is agreed upon, which results from the current price lists, online shop and similar publications from CURLY BOX.
(2) Unless otherwise stated, all prices are gross prices including statutory sales tax excluding all shipping costs.

§ 6 delivery conditions
(1) Delivery takes place within the delivery period specified for the respective product in the ordering process; this applies in particular when ordering subscription boxes.

(2) If CURLY BOX cannot send a product ordered by the customer despite acceptance of the order, because it cannot be supplied by their supplier without their fault despite their contractual obligation, or otherwise unable to perform due to force majeure or the non-performance of their suppliers CURLY BOX reserves the right not to deliver. In this case, CURLY BOX undertakes to inform the customer immediately of the unavailability of the ordered goods and to immediately refund payments already received by the customer. The customer has no further claims.

(3) The ordered goods are only delivered to the address that was specified in the ordering process or that the customer specified in his user account confirmed by him as the primary delivery address. No replacement will be made for undeliverable deliveries. In this case, the customer bears the cost of the failed delivery. The same applies if the delivery of the goods fails for other reasons for which the customer is responsible.
If the purchase contract relates to a digital product, the delivery is made by email.

(4) CURLY BOX generally sends subscription boxes between the 15th and 20th calendar day of each month.
Delivery takes place exclusively within Austria & Germany.
The goods are shipped via Austrian Post and in Germany DHL, or alternatively via a shipping company freely selectable by CURLY BOX.

§ 7 terms of payment
(1) Accepted payment methods:

- Payment with credit card
- Payment via PayPal
- Payment via PayPal Express
- Payment in advance (not for subscription products)

Attention: Your payment in advance must arrive in our account by the 15th of the month, otherwise your order will not be considered for the current month, but only for the next box.

(2) In the event of a delay in payment, the customer is obliged to reimburse all CURLY BOX due to this delay in payment for dunning and collection expenses necessary for the appropriate legal prosecution.

(3) The delivered goods (reserved goods) remain the property of CURLY BOX until full payment by the customer.

§ 8 warranty
The warranty is based on the statutory Provisions for a period of 24 months from receipt of the goods. If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delayed delivery), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (change). The replacement of (defect) consequential damage, as well as other property damage, pecuniary damage and third party damage against the customer, unless it is a consumer business, is excluded.

§ 9 compensation
(1) CURLY BOX is only liable for damage in the event of intent or gross negligence, with the exception of damage to persons. The existence of gross negligence, unless it is a consumer business, has to prove the injured party.

(2) Compensation for (defect) consequential damage and pure financial loss is excluded for entrepreneurs.

(3) CURLY BOX is not liable for the correctness of the information in the publications.

§ 10 data protection
The customer acknowledges that the use of the data specified in the contract about the customers are saved and processed for the purposes of accounting and customer evidence. The data is used to comply with legal regulations and to process payment transactions. Customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract.

§ 11 Place of jurisdiction and applicable law
(1) Austrian substantive law shall apply to this contract to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the contractual partner is a consumer, the mandatory provisions of the law of the state in which he is habitually resident also apply to this contract. The place of performance of the contract is the seat of CURLY BOX.
(2) The competent court at the seat of CURLY BOX is solely responsible for disputes. If the customer is a consumer within the meaning of the KSchG, the jurisdiction of that court is deemed to be justified, in the sprinkle of which the residence, habitual residence or place of employment of the customer is located.

The terms and conditions apply from October 1, 2019