Terms & Conditions
I) General Condition
1) All business transactions carried out between Endless Wair and the buyer shall exclusively be subject to the following General Terms and Conditions as last amended at the time the order is placed. Conditions claimed by the customer which deviate from the conditions herein shall not apply unless Endless Wair has explicitly consented to their validity. The Place of Jurisdiction for all claims in connection with the business relationship shall be Oberhausen, if and to the extent allowed. Notwithstanding this, Endless Wair reserves the right to enforce any claim at any other competent court.
2) Endless Wair shall, at any time, be entitled to change and/or amend these General Terms and Conditions. The contracting partner shall be entitled to object to these changes/amendments. In the event the contracting partner fails to object to the changes/amendments in writing and within two weeks after accession of the notification of change, the changes/amendments shall become effective. Endless Wair undertakes to notify the contracting partner again and in writing or via e-mail at the commencement of this period.
3) Endless Wair reserves the right of ownership as well as the copyright to illustrations, drawings, layouts, calculations and other documents. The same shall apply to all documents in writing that are classified "confidential". The passing on of such documents to third parties shall be subject to Endless Wair's explicit consent in writing; failing this, charges will be filed.
II) Conclusion of the Contract and Withdrawal
1) Orders with Endless Wair can be placed by post, electronic mail, telephone or the online shop of Endless-Wair.de. Please leave your phone number and e-mail address to allow us to contact you in case of questions.
2) Principally, the presentation of goods in our website merely serves advertising purposes and does not constitute an offer whatsoever. As a matter of principle, the offer is made by the customer, it shall be left to Endless Wair 's discretion to accept the offer or not.
3) Any contract with Endless Wair shall become legally effective after Endless Wair has accepted the offer in writing ( i.e. by e-mail, letter or telefax). The acceptance shall be subject to the error-free advertisement of the goods and the related data as well the availability of the goods or service ordered. The accession of the acceptance by Endless Wair towards the customer shall not be required; as such, the customer shall waive this according to § 151 S. 1 BGB (German Civil Code).
4) In the event Endless Wair is unable to accept customer's offer, Endless Wair shall inform the customer within two weeks by means of electronic mail.
5) In the event the supplier is unable to deliver the goods to Endless Wair as agreed upon by contract, Endless Wair shall be entitled to withdrawal.
1) Our prices include the statutory value-added tax.
2) Postage and packing shall be charged separately, unless laid down otherwise in Endless Wair's order confirmation. Details regarding the costs shall be communicated after receipt of the offer "on screen" prior to the confirmation of the offer and, subsequently, by e-mail.
1) Unless agreed otherwise, delivery shall be made ex warehouse to the address indicated by the customer. Details concerning the period of delivery shall be non- binding, unless – by way of exception – a specific date of delivery was promised.
V) Payment, Due Dates and Default (domestic orders)
1) Domestic orders are all orders to be delivered to an address within Germany.
2) The purchase price shall fall due immediately with the order. Payment can be made as follows: cash on delivery, advance payment or PayPal.
3) The goods ordered shall be reserved for a maximum period of 14 days after the conclusion of the contract. In the event no payment has been received by Endless Wair within this period, Endless Wair reserves the right to withdraw from the contract. This shall not affect the legal consequences of such withdrawal.
VI) Foreign orders
1) Foreign orders shall be subject to payment in advance, by PayPal or credit card. CoD (cash on delivery) shipments are possible to Germany only.
VII) Shipment costs
1) Shipment costs shall be on lump-sum basis, depending on the recipient's country:
Within Germany € 3.90 br> To Austria € 7.50 br> To other EU countries: € 10.00 br> To Norway or Switzerland: € 15.00 br> To Russia € 25.00 br> To all other countries: € 30.00
In the event the customer is a consumer, the risk of loss or damage in transit shall, at any rate, be borne by Endless Wair. In the event the customer is a businessperson, the risks of loss and damage in transit shall be passed on to the customer when the goods have been delivered to our logistics partner.
2) An extra fee of € 5.00 shall be charged for all CoD shipments within Germany (incl. the fee of € 2.00 charged by Deutsche Post AG).
VIII) Reservation of Title, Set-Off, Retention
1) Endless Wair reserves the right of ownership to the goods ordered until the invoice amount has been paid in full.
2) You shall be entitled to any set-off only if your counter-claims have been legally recognised or undisputed by Endless Wair. Moreover, customer shall have the right of retention only if his/her counter-claim is based on the same contractual relationship.
IX) Right of Revocation
1) The customer may revoke his/her contractual statement without stating any reason and within two weeks in writing ( e.g. letter, telefax, e-mail) or by returning the merchandise if sent to him/her prior to the expiry of the period. The period shall commence after receipt of these revocation instructions in writing, however, not prior to the receipt of the goods by the recipient ( in the event of re-deliveries of identical goods not prior to the receipt of the first partial delivery) and not prior to the fulfillment of our duty of information according to Article 246 § 2 in conjunction with § 1 Pars. 1 and 2 EGBGB (Introductory Law to German Civil Code). The deadline shall be deemed kept by the timely notification of the revocation or return of the merchandise.
The notification of revocation shall be addressed to:
Mr Ardit Gjikaj
46045 Oberhausen/ Germany
Consequences of revocation: In the event of a valid revocation, all mutually received services as well as capitalised use (e.g. interest) , if any, shall be returned by either party. If customer is not able to return the merchandise received in full or can return it in deteriorated condition only or reimburse the capitalised use (advantage of using), you shall be liable to pay compensation. Compensation for deterioration of the merchandise or capitalised use must be paid only if the capitalised use or deterioration is due to the handling of the goods which goes beyond the inspection of properties and functioning. " Inspection of properties and functioning" is the examination and testing of the respective merchandise – as is possible and common in stores. The costs for the return of the merchandise shall be borne by customer.
2) The right of revocation shall not apply to merchandise made according to customer specifications, or merchandise made to customer's personal requirements, the delivery of audio- or video recordings or software, if the data media delivered have been unsealed by customer. Moreover, the right of revocation shall not apply to contracts made with businesspersons or public-law institutions.
Customers are kindly asked to avoid any damage or contamination of the merchandise. The merchandise must be returned in the original wrapping, if possible, with all accessories and pack components. If required, a protective outer package must be used. In the event the customer is no longer in possession of the original wrapping, a suitable packing must provide for sufficient protection of the merchandise from losses in transit in order to avoid claims for damages because of insufficient packing.
by us if the return shipment is not to be borne by customer. The stickers shall be available upon request.
4) The merchandise is to be sent to us using the DHL parcel stickers made available. Any return shipment must be announced in advance, the shipment must contain the return note received with the delivery. This allows a fast allocation of the products. Please note that the modalities laid down in § 9.3 – 9.5 do not constitute the prerequisite for the effective exercise of the right of revocation. Costs of return shipments in the event of exercise of right of revocation: In the event the customer exercises his/her statutory right of revocation (see Instructions of Revocation), the regular costs of the return shall be borne by him/her, if the goods delivered are in compliance with the goods ordered and the price of the item to be returned does not exceed € 40.00 or, in the event of a higher price, the customer – at the the point of time of the revocation – has failed to make his/her consideration or made an agreed part payment. In other cases, the return shall be free of charge for the customer.
Endless Wair shall not assume any liability for ordinary negligence. However, this limitation of liability shall not apply to injury of life, body or health or to the breach of material contractual obligations, to warranties or claims according to the product liability law. The same shall apply to the breach of duties by all persons whom Endeless Wair uses to perform its obligations.
XI) Final Clauses
In the event one of the provisions of these General Terms And Conditions is deemed invalid, the other provisions shall not be affected. Instead of the invalid provision, the respective statutory provision shall apply.