Terms of service

General Terms and Conditions

Table of Contents

1. General
1.1 Provider Identification; Scope; Customer's Terms and Conditions
1.2 Customer Group

2. Contracting Party, Conclusion of Contract, Correction Options
2.1 Ordering Process
2.2 Conclusion of Contract
2.3 Formation of the Contract
2.4 Regular Goods Deliveries ("Subscriptions")
2.5 Contract Language

3. Customer Account
3.1 Registration
3.2 Login Data
3.3 Deactivation

4. Delivery Terms
4.1 Delivery Restrictions
4.2 Delivery Times
4.3 Partial Deliveries

5. Payment Terms
5.1 Prices
5.2 Outbound and Return Shipping Costs
5.3 Payment Processing
5.4 Due Date

6. Warranty for Material Defects, Guarantee; Retention of Title

7. Liability
7.1 Limitation of Liability
7.2 Breach of Essential Contractual Obligations
7.3 Legal Representatives and Vicarious Agents

8. Miscellaneous
8.1 Applicable Law
8.2 Place of Jurisdiction
8.3 Dispute Resolution

1. General

1.1 Provider Identification; Scope; Customer's Terms and Conditions

These General Terms and Conditions (our "Terms and Conditions") apply to all contracts concluded between you (hereinafter "you" or "customer(s)") and us, BYFREY, BYFREY Beauty GmbH, Freya Kondel, represented by Managing Director Freya Kondel, Friedrichstr. 21, 80801 Munich, Email: info@carebyfrey.com, registered in the commercial register of the Munich District Court under: HRB 315821, Phone: +491608552053, VAT ID No. DE464832684, operating the online shop on the websites www.carebyfrey.com (our "websites") (our "online shop"); in particular purchase contracts for the goods offered there for one-time purchase or by way of regular delivery ("goods subscriptions"), especially hair and body care products ("goods"). Our Terms and Conditions apply exclusively. We do not recognise any conflicting general terms and conditions from you or any that deviate from our Terms and Conditions, unless we expressly agree to their validity in writing.

1.2 Customer Group

Our offers and these Terms and Conditions apply exclusively to consumers. "Consumer" within the meaning of § 13 of the German Civil Code ("BGB") is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity. "Entrepreneur" within the meaning of § 14 BGB, on the other hand, is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2. Contracting Party, Conclusion of Contract, Correction Options

2.1 Ordering Process

The presentation of the goods in our online shop and their promotion are non-binding, i.e. they only constitute an invitation for you to submit an offer to conclude a corresponding purchase contract ("order"), which requires our acceptance. Orders are placed exclusively via our online shop. You can find the essential characteristics of the goods in the product description in our online shop. You can select goods in our online shop and collect them in a so-called electronic shopping cart ("shopping cart") using the "Add to Cart" button.

2.2 Conclusion of Contract

2.2.1 Checkout

(1) If you wish to order the goods in your shopping cart, you can log into your existing customer account on our "Checkout" page after clicking the "Proceed to Checkout" button, order as a guest, or register a new customer account by providing your personal data. Registering a customer account is not a prerequisite for ordering. Data not marked as "optional" is mandatory. Before submitting your order, you can correct the data at any time by using the correction aids provided and explained in the ordering process. After selecting your desired payment and shipping method and reviewing your order, you place a legally binding order for the goods in your shopping cart by clicking the "Buy" button.

(2) However, your offer can only be submitted and transmitted to us if you agree to the validity of these Terms and Conditions by ticking the corresponding box, thereby including them in your offer and declaring that you have taken note of and understood the consumer withdrawal policy and our data protection information.

(3) After submitting your order by clicking the "Buy" button, you will be redirected to the payment service you selected.

2.2.2 Express Checkout

Alternatively, you can complete your order on the checkout page by selecting one of the offered payment services and clicking the corresponding button to be redirected to the payment service you selected, logging in there and confirming your order ("Express Checkout"). For the Express Checkout, we will use the billing and shipping details stored in your profile with the payment service.

2.3 Formation of the Contract

(1) After your order has been successfully transmitted to us, a summary of your order will be displayed on your screen; in addition, we will send you an automatic acknowledgement of receipt by email in which your order is listed again. The order confirmation merely documents that your order has been received by us and does not constitute acceptance of your offer.

(2) The contract is only concluded upon receipt of our shipping confirmation, which is sent to you in a separate email ("shipping confirmation"), but at the latest upon delivery of the goods.

2.4 Regular Goods Deliveries ("Subscriptions")

If we offer you our goods not only for one-time purchase ("one-time purchase" with single delivery or – where reasonable for you – the fastest possible partial deliveries), but alternatively as a goods subscription ("subscription"), i.e. we regularly supply you with identical goods (i.e. the same item) over a fixed period (§ 356 para. 1 no. 1 d) BGB), the following provisions apply additionally.

2.4.1 Conclusion of the Subscription; Delivery Intervals; Types of Subscriptions

(1) As part of a subscription concluded between you and us in accordance with section 2.3 above, we agree to supply you at the delivery interval you selected ("delivery interval") with the number/dosage/quantity of identical goods offered by us as a subscription for the chosen delivery interval (e.g. 30 days).

(2) Your subscription and the delivery interval each begin on the date of your order.

(3) In the event that you wish to be supplied by us with one or more other items in addition to an existing subscription, a separate additional subscription for the further items ordered together, with its own delivery interval, will be established.

2.4.2 Payment and Cancellation of the Subscription

(1) If you choose delivery by subscription, you only pay when we deliver the goods ordered under the subscription, i.e. we charge the payment method you selected when placing your order only at the respective delivery interval.

(2) Our subscription has a minimum term of at least two deliveries, i.e. you can cancel it after the second delivery of goods with a notice period of four (4) days before the next delivery interval via the corresponding online cancellation function. If you do not cancel your subscription in time, it will automatically renew for the delivery interval you selected.

2.5 Contract Language

The contract is concluded in German.

We store the contract text and send you the order data and our Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

3. Customer Account

3.1 Registration

You can register a customer account in our online shop, which you can log into with your login data and manage independently. You are obliged to provide complete and accurate information during registration. Your customer account is non-transferable. You may not create more than one customer account, nor rent or lend it. You have no entitlement to the registration of a customer account.

3.2 Login Data

You are solely responsible for the security of the login data for your customer account ("login data"), in particular the password. This includes, in particular, strict confidentiality of the login data and not passing it on to third parties. If the login data becomes known to unauthorised persons, you are obliged to change the login data immediately. We accept no liability for any damages in connection with the theft of login data for which we are not responsible, the disclosure of login data by you, or the fact that you have granted a third party access to your customer account using the login data. You undertake to inform us immediately of any unauthorised use of the login data.

3.3 Deactivation

You can have your customer account deactivated by sending us a corresponding request by email. Your customer account will then be deactivated. This process cannot be undone. Any payment obligations you have towards us at the time of deactivation remain unaffected.

4. Delivery Terms

4.1 Delivery Restrictions

Delivery is made by shipping. We only deliver to you if you have a delivery address within Germany. We do not deliver to P.O. boxes or parcel stations. Unfortunately, collection of the goods in person is not possible.

4.2 Delivery Times

(1) Delivery times specified by us are calculated (in each case assuming prior payment of the purchase price):

a) for one-time purchases, from the time of your order;
b) in the case of subscriptions, we deliver the first delivery of the subscription in accordance with letter a) and the subsequent deliveries at the agreed delivery intervals +/- 2 working days (Mon.–Sat. – excluding public holidays in Germany – "working days").

(2) Unless no or a different current delivery time is specified for the respective goods in our online shop, the delivery time in the case of letter a) (single delivery) and letter b) 1st case (first delivery of the subscription) is 1 to 7 working days for shipments within Germany.

4.3 Partial Deliveries

(1) We are only entitled to make partial deliveries insofar as this is reasonable for you.

(2) Your regular delivery of goods under subscriptions does not as such constitute a partial delivery.

5. Payment Terms

5.1 Prices

All prices stated in our online shop include the applicable statutory value-added tax.

5.2 Outbound and Return Shipping Costs

5.2.1 Outbound Shipping Costs

In addition to the stated product prices, outbound shipping costs may apply. The applicable outbound shipping costs are shown separately to the customer during the ordering process and are to be borne by them unless expressly agreed otherwise. The amount of the outbound shipping costs depends in particular on the delivery location, shipping method and order value, and is displayed clearly and comprehensibly before the binding order is placed.

5.2.2 Return Shipping Costs

As a buyer, you bear the direct costs of returning the goods. This applies in particular – but not exclusively – to returns under the statutory right of withdrawal as well as to voluntary return options. Return shipping costs are set at a flat rate of €2.90 (including statutory VAT) per return.

Return shipping costs are taken into account within the refund as follows:

If the refund is made via the payment method originally used, the amount of €2.90 (including statutory VAT) will be withheld from the purchase price to be refunded.

Contrary to this, we bear the return shipping costs if the return is due to a circumstance for which we are responsible, in particular if

• the delivered goods are defective, or

• an incorrect delivery has occurred.

In these cases, no return shipping costs will be charged.

5.3 Payment Processing

You can make payment as follows:

5.3.1 for One-Time Purchases

via PayPal, credit card (Visa, Mastercard, American Express, Maestro, UnionPay), Klarna, Apple Pay, Google Pay and Shop Pay.

5.3.2 for Subscriptions

(1) via PayPal, credit card (Visa, Mastercard, Maestro, American Express), Apple Pay, Google Pay and Shop Pay.

(2) In the case of subscriptions, we charge the payment method/account you selected for the first delivery with your order, and for each interval delivery at the earliest four (4) days before it takes place.

5.4 Due Date

(1) Payment of the purchase price for one-time purchases is due immediately with your order; for subscriptions, four (4) days before the respective interval delivery. The payment method you selected will be charged at the respective due date.

(2) We are entitled to statutory default interest if you fall into payment default. The assertion of demonstrably higher damages caused by default remains reserved. You have the option of proving that lower damages have occurred.

6. Warranty for Material Defects, Guarantee; Retention of Title

(1) We are liable for material defects in accordance with the applicable statutory provisions. An additional guarantee (e.g. for the quality of the goods) exists for the goods delivered by us only if it has been expressly given in the order confirmation for the respective item. We do not give any guarantee whatsoever regarding the effect of our goods.

(2) The delivered goods remain our property until they have been paid for in full.

7. Liability

7.1 Limitation of Liability

Your claims for damages are excluded. Exempt from this are your claims for damages arising from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. Mandatory statutory liability provisions, e.g. under the Product Liability Act, remain unaffected.

7.2 Breach of Essential Contractual Obligations

In the event of a breach of essential contractual obligations, we are only liable for the typical, foreseeable damage where this was caused by simple negligence, unless the matter concerns your claims for damages arising from injury to life, body or health.

7.3 Legal Representatives and Vicarious Agents

The limitations in sections 7.1 and 7.2 also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.

8. Miscellaneous

8.1 Applicable Law

The version of our Terms and Conditions in force at the time the contract is concluded and the law of the Federal Republic of Germany apply. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, remain unaffected.

8.2 Place of Jurisdiction

If you do not have a place of residence in the Federal Republic of Germany or if your habitual residence is not known at the time the action is filed, our registered place of business is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

8.3 Dispute Resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Our email address can be found in the imprint of our website.