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General Terms of Sale and Delivery

1. Scope

These Terms of Sale and Delivery apply to sale and purchase transactions carried out between Hairmail Oy (hereafter “the Seller”) and its customers (hereafter “the Buyer”), unless otherwise agreed in writing between the parties. Both parties agree to comply with the Terms that are valid at the time of ordering.

Invoiced customers can be businesses, organisations and associations in the hair and beauty field with a valid business ID (Business Identity Code). The Seller reserves the right to check the Buyer’s credit rating prior to delivering goods. The Buyer’s basic details are recorded in the Seller’s customer database.

Buyers with a low credit rating will have the opportunity to order goods with advance payment or cash on delivery (certain restrictions apply)

These Terms of Sale and Delivery replace any previous terms of sale and delivery between the parties.

2. Completion of Purchase

2.1 Offer

An offer made by the Seller is valid for the period stated in the offer. If no period is stated, the validity is 14 days from the date of the offer.

2.2 Formation of Contract / Order

If a purchase is based on an offer, a contract is formed between the parties when the Buyer confirms acceptance of the Seller’s offer. If the Buyer’s order differs from the Seller’s offer, the purchase contract is considered to be formed according to the terms of the Seller’s offer, unless otherwise confirmed in writing by the Seller.

In other cases, a purchase contract is formed when the Buyer accepts these Terms by making an order with the Seller by telephone or email, in the Seller’s online store or at a customer service point.

3. Seller’s Responsibilities

3.1 Delivery Time

The Seller will strive to hand over orders of stocked goods to a shipping carrier within two (2) working days of receipt of the order. The delivery time of goods customised according to the Buyer’s specifications and other non-stocked goods ordered on behalf of the customer will be confirmed separately at the time of the order.

3.2 Delivery Terms

Unless otherwise agreed in writing, the Seller will have the goods delivered to the Buyer by the Seller’s carrier. Buyers may choose to collect goods from the Seller’s warehouse or, with certain restrictions, from the Seller’s customer service point.

Deliveries are subject to applicable charges and freight limits. These can be found in valid product catalogues and on the Seller’s website, www.hairmail.net. Should any discrepancy arise between a catalogue and www.hairmail.net, the latter shall prevail.

The Buyer is responsible for providing the correct delivery address to the Seller and for ensuring that the shipping carrier authorised by the Seller is able to deliver the goods to the given address at the time of delivery.

3.3 Transfer of Liability for Risk

The liability for risk is transferred to the Buyer when the goods are, according to the purchase contract, delivered to the Buyer or to an independent shipping carrier, unless otherwise specified in a delivery clause. If goods cannot be delivered at the agreed time due to reasons dependent on the Buyer, the liability for risk is transferred to the Buyer once the Seller has completed its contractual delivery duties.

3.4 Warranty

Purchased goods are subject to a warranty according to the manufacturer’s terms, unless otherwise agreed. The warranty period may vary depending on whether the products are intended for professional or consumer use. If a product’s packaging is damaged during transport, the warranty is only valid if the Buyer has signed for the delivery with reserve.

3.5 Product Properties

The Seller is responsible for the quality and other properties of the goods only within the bounds defined by the contract and by other information provided by the Seller in writing specifically for the order in question. The Buyer is responsible for providing accurate information to the Seller concerning the purpose of use of the goods.

By accepting a delivery of goods from the Seller, the Buyer accepts that the acquisition and use of the products in question may require particular expertise or care. The Seller is not liable for damages caused by improper or non-intended use of products.

3.6 Fault Liability and Product Liability

The Seller is liable for faults in the products’ design, raw materials or manufacturing, up to the maximum amount of the sale price. The Seller is not liable for faults in products caused by improper installation or maintenance of the products.

 If a product’s packaging is damaged during transport, the warranty is only valid if the Buyer has signed for the delivery with reserve.

3.7 Indirect Damages

The Seller is not liable for any indirect damages caused by the Buyer, such as production loss, loss of profits or other financial consequential losses.

4. Buyer’s Responsibilities

4.1 Prices

Unless otherwise agreed in writing, all prices quoted by the Seller are valid until further notice. All prices are quoted excluding value-added tax. The Seller reserves the right to change prices if this is necessary due to reasons independent of the Seller.

4.2 Payment Period

The payment period for all invoices is fourteen (14) days net, unless otherwise agreed in writing between the parties. The payment period starts on the date of the invoice.

If the purchase price is not paid by the due date, the Seller has the right to withhold delivery of future orders unless all overdue invoices are settled. The Buyer has no right to claim compensation for damages due to such delays.

4.3 Delays in Payment

If a payment is delayed, the sum will be subject to interest according to the Finnish Interest Act from the due date of the invoice onwards. The Seller has authorised Cash-In Consulting Oy to supervise the collection of overdue invoices. In addition to interest according to the Finnish Interest Act, a handling fee will apply to the sending of payment reminders, and Cash-In Consulting Oy will charge a collection fee for debt collection in accordance with its valid price list.

4.4 Complaint and Rectification

The Buyer is responsible for checking the condition and correctness of delivered goods upon receipt. Any complaints concerning products must be directed to the Seller immediately upon the Buyer becoming aware of the fault or flaw in question. Deliveries are considered to have been accepted if no complaints or notifications are received within ten (10) days of the delivery date. 

The Seller has the right in the first instance to correct the fault or to deliver a replacement product. The Buyer has no right to demand delivery if there has been a change in circumstances that materially changes the parties’ contractual obligations.

The Buyer must return products that have been found faulty or incorrect in their original and resellable packaging, in accordance with instructions provided by the Seller. The Seller will either check returned goods to confirm the fault or pass them on to the manufacturer for checking. In the case of faulty resale products, the Buyer must always enclose the end customer’s original purchase receipt or a copy of it.

4.5 Return and Exchange Policy

All product returns must be agreed with the Seller on a case-by-case basis, and must follow instructions provided by the Seller. 

There is no right to return or exchange furnishings or goods customised according to the Buyer’s specifications and other non-stocked goods ordered on behalf of the customer. Orders cancelled for reasons independent of the Seller will be subject to a charge equivalent to 10% of the order total. 

Stocked goods, excluding furnishings, may be returned or exchanged within ten (10) days. Returned goods must be undamaged, in their original packaging, and complete with all their parts. The Buyer must always cover the cost of returning goods. If the sales packaging of a returned product is not in resellable condition, the Buyer will be charged for the damaged packaging in accordance with the price list valid at the time.

5. Cancellation of Contract

5.1 Buyer’s Right to Cancel

The Buyer has the right to cancel the contract if a delivery made by the Seller differs materially from what was agreed in the order and the fault is not rectified or new goods in accordance with the contract are not supplied within a reasonable time after written notification by the Buyer, or if delivery is delayed for reasons due to the Seller in such a way as to cause undue inconvenience to the Buyer.

If the purchased goods were customised, manufactured or acquired specifically for the Buyer according to the Buyer’s specifications, and the Seller cannot otherwise use the goods without incurring significant damages, the Buyer is only entitled to cancel the contract due to delays if the delay means that the Buyer is materially impeded from putting the purchased goods to their intended use.

5.2 Seller’s Right to Cancel

The Seller has the right to cancel the contract if payment for the purchase is not received by the due date for reasons independent of the Seller. The Seller also has the right to cancel the contract if it becomes evident, by notification of the Buyer or otherwise, that there will be a significant delay in the Buyer’s payment. If a purchase is cancelled for these reasons, the Seller is entitled to collect delivered goods from the Buyer at the Buyer’s expense.

The Seller may also cancel the contract if the Buyer fails to contribute to the transaction in the agreed manner or in what can otherwise be considered a reasonable manner within the time specified by the Seller. 

The Seller has the right to cancel the contract without liability for compensation if importing the goods becomes impossible or significantly more expensive than the Seller initially assumed due to changes in international trade agreements, regulations limiting imports or other official actions (e.g. import ceilings or restrictions, or raised customs tariffs).

5.3 Force Majeure

The Seller is not obligated to fulfil its contractual duties if it is prevented from delivering one or more products or their parts due to a natural obstacle, fire, mechanical fault or similar breakdown, strike, lockout, war, military mobilisation, export or import ban, lack of transport equipment, manufacturing stoppage, traffic disturbance or other obstacle which cannot be overcome by the Seller. The Seller is also relieved of its contractual obligations if their fulfilment would require sacrifices that are unreasonable compared to the benefit gained from them by the Buyer.

In these cases, the Seller is not liable to compensate the Buyer for damages caused by non-fulfilment of the contract, and the Seller is also entitled to cancel the contract.

6. Insurance

Each party must ensure that the goods are insured in accordance with the distribution of liabilities specified in the delivery terms. Other insurances must be agreed separately in writing.

7. Transfer of Right of Ownership

The Seller retains ownership of the products until the sale price has been paid in full to the Seller, unless otherwise agreed in writing.

8. Notifications

The sender is always responsible for ensuring that notifications sent to the other party are properly received.

9. Settlement of Disputes

Any disputes arising from the contract between the Seller and the Buyer must primarily be resolved by negotiation between the parties. If consensus cannot be reached, and unless otherwise agreed, the dispute will be referred to the Helsinki District Court.

10. Other Terms

The Buyer is responsible for arranging the recycling, reuse or other waste disposal of the products purchased from the Seller and the waste generated therefrom, at its own expense.

11. Updated Terms of Sale and Delivery

The Terms of Sale and Delivery that are valid at each time are found on the Seller’s website, www.hairmail.net, and in its applicable product catalogues. Should any discrepancy arise between a catalogue and www.hairmail.net, the latter shall prevail.

These Terms of Sale and Delivery are a translation from an original version in Finnish. If any discrepancies should arise between the language versions, the original Finnish version shall prevail.

Hairmail is a registered trademark. All copyrights to Hairmail materials are retained by Hairmail Oy. The use of the Hairmail name and of Hairmail’s catalogues, brochures, images and parts thereof is forbidden without express permission from Hairmail Oy. Hairmail reserves the right to change prices. Hairmail Oy, VAT-registered, Trade Register no. 565.814, domiciled in Helsinki.

LOCATION:

Germany

LANGUAGE:

ENGLISH

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