Terms of service

General Terms and Conditions of house-of-theom.com

These GTC apply to

access to the website www.house-of-theom.com (hereinafter referred to as the “Website”, for A.) and
purchase contracts concluded on the website (B.),

in a legally binding manner.

Users are requested to read this document carefully.

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
VAT identification number: DE 275 43 3655

Person responsible for content pursuant to Section 55 (2) RStV
Niklas Epstein
Leopoldstraße 154
80804 Munich

New Flag GmbH has appointed a data protection officer. You can reach them at the above-mentioned address, for the attention of the Data Protection Officer, and at datenschutz@new-flag.com.

Note:

It should be noted that individual provisions of these GTC may apply only to certain categories of users, for example only to consumers or only to users who are not acting as consumers. Such limitations on the scope of application shall be expressly indicated in each affected clause. If no such indication is provided, the clause shall apply to all users.
The right of withdrawal is available only to European consumers.

A. Terms of Use for the Website:

General
1.1. This website is offered by New Flag GmbH (hereinafter referred to as the “provider”).

1.2. Unless otherwise indicated, the terms set out in this section shall apply when accessing this website.

1.3. Individual or additional terms of use or access may apply in certain circumstances and shall be expressly identified in this document in such cases.
Accessibility
The provider shall always endeavor to ensure that the website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Access to the website may also occasionally be interrupted or restricted to enable repairs, maintenance, or the introduction of new facilities. The provider shall endeavor to limit the duration and frequency of these temporary interruptions.
Content available through this website/ Ownership
3.1. Unless otherwise indicated or clearly apparent, all content available through this website is the property of the provider and is made available by the provider or its licensors.

3.2 The provider shall make every effort to ensure that the content made available through this website does not infringe applicable laws or third-party rights. However, it is not always possible to achieve this result.
In such cases, users are requested to preferably address their complaint to the contact details specified in this document.
Rights to the content available through this website
4.1. All rights to the content are reserved by the provider.

4.2. Users may use the content only to the extent necessary for the proper use of the offering on the website or expressly or implicitly intended for that purpose.

4.3. Under no circumstances are users permitted to reproduce, download, distribute, edit, translate, modify, redesign, publish, transfer to or assign to third parties, sell or license the content, or enable third parties - even without the user’s knowledge - to carry out the aforementioned acts through the user’s own device.

4.4. Where expressly indicated on this website, users may download, reproduce and/or distribute selected content available through this website solely for personal and non-commercial purposes, provided that copyright notices and any other notices required by the provider are correctly displayed. Statutory limitations or exceptions remain unaffected.
Access to External Resources
Users may, under certain circumstances, access external resources provided by third parties through this website. Users acknowledge and accept that the provider has no control over such resources and is therefore not responsible for their content or availability.
The conditions under which such resources provided by third parties are made available and under which rights of use to such content may be granted are set out in the contractual provisions of each third party or, alternatively, in the applicable statutory provisions in each case.
Permitted Use
6.1. This website may only be used as intended and in accordance with these Terms and Conditions and the applicable statutory provisions in each case.

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

6.3. Accordingly, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to this website, terminating contracts, and reporting activities carried out through this website that are subject to complaint to the competent authorities - such as judicial or administrative authorities -, provided that users demonstrably or presumably:

• violate statutory provisions, regulations or these Terms and Conditions; or
• infringe the rights of third parties; or
• materially impair the provider’s legitimate interests; or
• insult the provider or a third party.
Limitation of liability
To the extent permitted by law, the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees shall in no event be liable for

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for lost 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 to or use of the website or the user account, as well as the information contained therein;
• any content errors, mistakes, or inaccuracies;
• property damage of any kind arising from 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 similar items that may be transmitted to or through the website;
• any content errors or omissions, or any loss or damage arising from the use of content published, emailed, transmitted, or otherwise made available by the provider; and/or
Indemnification

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

• access to and use of the website, including all data or content transmitted or received by the user;
• the user's violation of these Terms of Use;
• the infringement of third-party rights by the user, including but not limited to personality rights or intellectual property rights;
• the violation of statutory provisions, rules or regulations by the user;
• any content transmitted from the user account, including in the event 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 user's alleged misconduct; or
• the violation of statutory provisions by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees,

to the extent permitted by applicable law.

B. Terms of sale:

Product description

1.1. Prices, descriptions, and availability of the products can be viewed in the relevant sections of this website and may be changed without notice.

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

1.3. The characteristics of the selected product are explained during the purchase process.
Purchase process

2.1. The presentation and promotion of items on the website do not constitute a binding offer to conclude a purchase contract.

2.2. All steps from selecting a product through placing the order form part of the purchase process. The purchase process comprises the following steps:
• The User selects the desired product from the range and reviews their product selection.
• After reviewing the details of the product selection, the User may place the order (see 3 below) by submitting it to the Provider.
Placing an order/Conclusion of a purchase contract
3.1. If the User places an order, the following shall apply:

• By placing the order by clicking the button [Buy/Place order with obligation to pay], the User submits a legally binding offer to conclude a purchase contract. Placing the order therefore obliges the User to pay the purchase price, taxes, and any additional fees and expenses in accordance with the information provided on the order page.
• If information is required from the User, such as personal information or data, specifications, or special requests, placing the order establishes an obligation on the User to provide the corresponding cooperation.
• After placing the order, Users shall receive an acknowledgement of receipt. The acknowledgement of receipt does not yet constitute acceptance of the offer to conclude the purchase contract.
• A contract shall only be concluded when the Provider accepts the order by issuing a declaration of acceptance (“Order Confirmation”) to the User by email or by delivering the ordered items.

All notifications in connection with the described purchase process shall be sent to the email address provided by the User for this purpose.

3.2. The Provider is entitled to reject contractual offers without stating reasons. In this case, the Provider shall inform the User of the rejection of the offer by email. Any payments received shall be refunded without undue delay. The same means of payment used for the original transaction shall 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 unavailable from a carefully selected and reliable supplier through no fault of the Provider (self-supply reservation). In such a case, the Provider undertakes to inform the User without undue delay that the goods are unavailable and, where applicable, to refund any payments made without undue delay. The same means of payment used for the original transaction shall be used for this refund, unless expressly agreed otherwise with the User.
Prices
Users are informed during the purchasing process and before placing the order of all fees, taxes and costs to be borne by them (including any shipping costs).
Payment methods

5.1. Information about the accepted payment methods is provided during the purchasing process.

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

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

5.4. If payment via the available methods fails or is rejected by the payment service provider, the provider shall not be obliged to fulfil the order. If a payment fails or is rejected, the provider reserves the right to claim from the user all associated costs or damages.
Retention of title
The products ordered shall not pass into the ownership of the user until the provider has received payment of the full purchase price.
Delivery

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

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

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

7.4. This website also describes the relevant delivery times; the delivery time is also displayed during the ordering process. However, the delivery times are indicative only. The provider expressly shall not be liable for delivery delays.

7.5. However, the provider shall not be liable for delivery errors due to inaccuracies or omissions in the execution of the order by the user, nor for damage or delays after handover 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 are not 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 discuss the further procedure.

7.7. Unless otherwise agreed, from the second delivery attempt onwards, the user shall also bear the costs of each further delivery attempt.
Right of revocation 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 self-employed professional activity), they shall have a right of revocation in accordance with the statutory provisions.

8.2.If the customer, as a consumer, exercises the right of revocation pursuant to Clause 8.1., they shall bear the regular costs of returning the goods.

8.3. Otherwise, the provisions governing the right of revocation set out in detail in the following shall apply

Instructions on revocation

I. Right of revocation

You have the right to revoke 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, other than the carrier, took or takes possession of the goods.

To exercise your right of revocation, you must inform us (New Flag GmbH, Leopoldstraße 154, 80804 Munich, T: + 49 (0) 89 889 970 44, F: + 49 (0) 89 4111 93833, E: support@new-flag.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the model revocation form attached at the end of the page for this purpose, but this is not mandatory. You may transmit the model revocation form or another clear statement. If you make use of this option, we shall immediately (e.g. by email) send you confirmation of receipt of such a revocation.

In order to meet the revocation period, it is sufficient for you to send the communication concerning the exercise of the right of revocation before the revocation period has expired.

II. Consequences of revocation

If you revoke this contract, we shall reimburse to you all payments we have received from you, including the costs of delivery (with the exception of the additional costs arising 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 no later than fourteen days from the day on which we are informed about your decision to revoke this contract. For this reimbursement, we shall use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract, or to (where applicable, insert the name and address of the person authorised by you to receive the goods). The deadline shall be met if you dispatch 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 in value of the goods if that loss in value is attributable to handling of the goods that was not necessary to examine their condition, properties and functionality.

- End of the withdrawal instructions-

8.4. The right of withdrawal shall not apply to distance contracts for the supply of goods that 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 consumer's personal needs.
Limitation of liability

The provider's liability 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 provided for in Section 9.2 - the provider shall be liable only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the user may regularly rely (so-called cardinal obligation), and such liability shall be limited to compensation for foreseeable and typical damage. In all other cases, the provider's liability shall be excluded, subject to the provision in Section 9.2. The limitations of liability shall apply accordingly for the benefit of the provider's employees, agents and vicarious agents.

9.2. The above exclusions of liability pursuant to Section 9.1 shall not apply in the event of injury to life, body or health. Liability arising from the assumption of a guarantee and under the Product Liability Act shall likewise remain unaffected.
Warranty

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

10.2. In the case of entrepreneurs as purchasers, warranty claims shall become time-barred within six months of the transfer of risk.

10.3. In the case of consumers, warranty claims for new goods become time-barred within two years from the transfer of risk.

10.4. Damage caused by the user's improper handling of the goods is excluded from the warranty.
No Waiver
The provider's failure to assert a right under these GTC or enforce a provision of these GTC does not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
Indemnification

The user agrees to indemnify and hold harmless the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against 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 violation of these Terms of Sale by the user;
• the infringement of third-party rights by the user, including but not limited to personality rights or intellectual property rights;
• the violation of statutory provisions, rules or regulations by the user;
• the violation of statutory provisions by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees,

to the extent permitted by applicable law.
Resale
Users may not reproduce, duplicate, copy, sell, resell or exploit this website and the service in any manner without the provider's express prior written consent, granted either directly or through a lawful reseller program.
Intellectual Property Rights
14.1. Without prejudice to 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 protected under the applicable law or international treaties relating to intellectual property.
14.2. All trademarks, trade names or service marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - that appear in connection with the provider's goods and services are and shall remain the exclusive property of the provider or its licensors and are protected under applicable law or international treaties relating to intellectual property.
Assignment

15.1. The provider reserves the right to transfer, assign or otherwise pass on all rights and obligations under these GTC, taking into account the user's legitimate interests.

15.2. The provisions on amendments to the GTC shall apply accordingly.
Users may not assign or transfer their rights or obligations under the GTC in any manner without the provider's written consent.
Prohibition on Set-Off by Merchants
A user who is not a consumer may set off against claims of the provider or assert a right of retention only if their counterclaim is undisputed, has been established by a final and binding judgment, or is in a synallagmatic relationship with the claim in question.

C. Common Provisions:

Privacy Policy
To learn more about the use of their personal data, users may consult the service's privacy policy (this website).
Amendments to these GTC

2.1. The provider reserves the right to amend or otherwise modify these GTC at any time. In this case, the provider shall inform the user appropriately of these amendments.
Such amendments shall apply to the contractual relationship only from the date communicated to the user in each case.

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

2.3. If the revised terms are not accepted, either party may terminate the contract. The version of the GTC applicable before the user accepted the amendments shall apply to the relationship prior to such acceptance. The user may obtain any previous version of the GTC from the provider.
Applicable Law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer and, at the time the contract is concluded, has their habitual residence in another country, the choice of law made in sentence 1 shall not affect the application of the mandatory legal provisions of that country.
Place of Jurisdiction
If the user is a merchant, does not have a general place of jurisdiction in Germany or another EU Member State, has moved their permanent residence abroad after these Terms of Use became effective, or their place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction shall be Munich. In all other respects, the applicable statutory provisions shall govern local and international jurisdiction.
Dispute Resolution

5.1. Amicable Dispute Resolution
Users may refer all disputes to the provider, who will attempt to resolve them amicably.
The user's right to take legal action shall remain unaffected at all times. However, in the event of disputes concerning the use of the service (this website) or the service, the user is requested to contact the provider using the contact details specified in this document.
The user may submit the complaint, including a brief description and, where applicable, the details of the related order, purchase, or account, to the provider's email address specified in this document.
The provider will process the request without delay within 21 days of receipt.

5.2. Online dispute resolution for consumers
Dispute resolution: The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a point of contact for the out-of-court resolution 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.
Final provisions

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

6.2. Any 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-language version of these General Terms and Conditions shall apply. Any translations into other languages are provided solely for the users' convenience.

Model 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 data protection officer. You can reach them at the above-mentioned address, for the attention of the Data Protection Officer, and at datenschutz@new-flag.com.

I/We hereby give notice that I/we withdraw from my/our contract of sale for the following goods / contract for the provision of the following service:
_____________________________________________ (Description of the goods/services subject to the withdrawal)
• Ordered on: _____________________________________________ (insert date)
• Received on: _____________________________________________ (insert date)
• Name of the consumer(s):_____________________________________________
• Address of the consumer(s):_____________________________________________
• Date: _____________________________________________
(Signature, if this form is submitted in paper form)