terms and conditions

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

These Terms and Conditions apply to

access to the website www.house-of-theom.com (hereinafter referred to as "website," to A.) and
purchase agreements concluded on the website (B.),

in a legally binding manner.

Users are requested to read this document carefully.

This website is provided by:

New Flag GmbH
Leopoldstraße 154
80804 Munich, Germany
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

Responsible for content in accordance with § 55 (2) RStV (German Interstate Broadcasting Agreement)
Niklas Epstein
Leopoldstraße 154
80804 Munich, Germany

New Flag GmbH has appointed a company data protection officer. You can contact him at the above address, attn: Data Protection Officer, and at datenschutz@new-flag.com.

Note:

It should be noted that individual provisions of these Terms and Conditions may only be relevant to certain categories of users, for example, only to consumers or only to users who are not acting as consumers. Such restrictions on the scope of application are expressly indicated in each clause concerned. If no such indication is given, the clause applies to all users.
The right of withdrawal is only available to European consumers.

A. Terms of Use for the Website:

General information
1.1. This website is provided by New Flag GmbH (hereinafter referred to as "Provider").

1.2. Unless otherwise specified, the terms and conditions set out in this section apply when accessing this website.

1.3. Individual or additional terms of use or access may apply in certain circumstances and will be expressly stated in this document in such cases.
availabilityThe provider always endeavors 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 be occasionally interrupted or restricted to enable repairs, maintenance, or the introduction of new facilities. The provider endeavors to limit the duration and frequency of these temporary interruptions.
Content/property available via this website
3.1. Unless otherwise stated or clearly recognizable, all content available on this website is the property of the provider and is provided by the provider or its licensors.

3.2 The provider makes every effort to ensure that the content provided on this website does not violate applicable laws or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to address their complaints preferably to the contact details provided in this document.
Rights to the content available on this website
4.1. All rights to the content are reserved by the provider.

4.2. Users may only use the content to the extent necessary for the proper use of the website or as intended, including implicitly.

4.3. Under no circumstances are users permitted to reproduce, download, distribute, edit, translate, modify, redesign, publish, transfer to or sell to third parties, or license the content, or to enable third parties—even without the user's knowledge—to perform the aforementioned actions using their own device.

4.4. Where expressly indicated on this website, users may download, reproduce, and/or distribute selected content available on this website for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the provider are correctly displayed. Legal restrictions or exceptions remain unaffected by this.
Access to external resources
Users may access external resources provided by third parties via this website. Users acknowledge and accept that the provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are 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 legal provisions.
Permitted use
6.1. This website may only be used for its intended purpose and in accordance with these Terms and Conditions and the applicable legal provisions.

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

6.3. Therefore, 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, reporting objectionable actions taking place on this website to the competent authorities—such as judicial or administrative authorities—if users demonstrably or presumably:

• violate legal regulations, ordinances, or these Terms and Conditions; or
• infringe the rights of third parties; or
• significantly impair the legitimate interests of the provider; 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 loss of 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, manipulation, or other unauthorized access or use of the website, the user account, or the information contained therein;
• any content errors, mistakes, or inaccuracies;
• any property damage of any kind resulting 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 discontinuation 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 errors or omissions in content, or for any loss or damage caused by the use of content published, emailed, transmitted, or otherwise made available via 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 any and 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;
• violation of these terms of use by the user;
• violation of third-party rights by the user, including, but not limited to, personal rights or intellectual property rights;
• violation of legal 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;
• alleged misconduct by the user; or
• violation of legal provisions by the user or its affiliates, officers, directors, representatives, co-branders, partners, suppliers, and employees;

to the extent permitted by applicable law.

B. Terms and conditions of sale:

Product description

1.1. Prices, descriptions, and availability of products are available in the relevant sections of this website and are subject to change without notice.

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

1.3. The features of the selected product will be explained during the purchase process.
purchase process

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

2.2. All steps from selecting a product to placing an order are part of the purchase process. The purchase process comprises the following steps:
• The user selects the desired product from the range and checks their product selection.
• After checking the details of their product selection, the user can place the order (see 3. below) by submitting it to the provider.
Placing an order/concluding a purchase agreement
3.1. When the user places an order, the following applies:

• By placing an order by clicking on the [Buy/Place order] button, you are making a legally binding offer to conclude a purchase contract. Placing an order therefore obliges the user to pay the purchase price, taxes, and any other fees and expenses as specified on the order page.
• If information is required from the user, such as personal information or data, specifications, or special requests, placing the order constitutes an obligation on the part of the user to cooperate accordingly.
• After placing their order, users will receive a confirmation of receipt. The confirmation of receipt does not constitute acceptance of the offer to conclude a purchase contract.
• A contract is only concluded when the provider accepts the order by sending a declaration of acceptance ("order confirmation") to the user by email or by delivering the ordered items.

All notifications relating to the purchase process described above will be sent to the email address provided by the user for this purpose.

3.2. The provider is entitled to reject contract offers without giving reasons. In this case, the provider will inform the user of the rejection of the offer by email. Any payments received will be refunded immediately. The same means of payment used for the original transaction will 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 not in stock from a carefully selected and reliable supplier through no fault of the provider (reservation of self-supply). In such a case, the provider undertakes to inform the user immediately of the unavailability of the goods and to refund any payments made without delay. The same means of payment used in the original transaction will be used for this refund, unless expressly agreed otherwise with the user.
Prices Users will be informed of all fees, taxes, and costs (including any shipping costs) they are required to pay during the purchase process and before placing their order.
payment methods

5.1. Information about accepted payment methods will be provided during the purchase process.

5.2. Some payment methods may only be available subject to additional terms and 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 any payment information—such as credit card details—but only 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 is not obliged to fulfill the order. If a payment fails or is rejected, the provider reserves the right to claim all associated costs or damages from the user.
Retention of title
The ordered products only become the property of the user once 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 specified in the order overview.

7.2. Upon delivery, users should check the contents of the delivery and report any discrepancies immediately using the contact details provided 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 territories to which the goods will be delivered.

7.4. This website also describes the corresponding delivery times, which are also displayed during the ordering process. However, the delivery times are only a guideline. The provider expressly accepts no liability for delivery delays.

7.5. However, the Provider shall not be liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the User, nor for damage or delays after handover to the carrier, if the latter was commissioned by the User and was not recommended or provided by the Provider.
7.6. If the goods have not been accepted at the specified time or collected within the specified period, they will be returned to the supplier. In this case, the supplier will contact the user to arrange a second delivery attempt or discuss how to proceed.

7.7. Unless otherwise agreed, the user shall bear the costs for each additional delivery attempt starting with the second delivery attempt.
Right of withdrawal 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 are entitled to a right of withdrawal in accordance with the statutory provisions.

8.2. If the customer, as a consumer, exercises their right of withdrawal in accordance with Section 8.1, they shall bear the regular costs of returning the goods.

8.3. In all other respects, the provisions set out in detail in the following apply to the right of withdrawal:

Cancellation policy

I. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us (New Flag GmbH, Leopoldstraße 154, 80804 Munich, Germany, T: +49 (0) 89 889 970 44, F: +49 (0) 89 4111 93833, E: support@new-flag.com) of your decision to withdraw from this contract. You can use the attached sample withdrawal form at the bottom of the page, but this is not mandatory. You can submit the sample withdrawal form or another clear statement. If you make use of this option, we will immediately (e.g., by email) send you confirmation of receipt of such a revocation.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

II. Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us or to (insert the name and address of the person authorized by you to receive the goods, if applicable) immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send 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 this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

- End of cancellation policy -

8.4. The right of withdrawal does not apply to distance contracts for the delivery 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 personal needs of the consumer.
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 specified in Section 9.2—the Provider shall only be liable for breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the User may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the provider's liability is excluded, subject to the provision in Section 9.2. The limitations of liability apply accordingly in favor of the provider's employees, agents, and vicarious agents.

9.2. The above exclusions of liability under Section 9.1. shall not apply in the event of injury to life, limb, or health. Liability in the event of the assumption of a guarantee and under the Product Liability Act shall also remain unaffected.
warranty

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

10.2. With regard to entrepreneurs as buyers, warranty rights expire six months after the transfer of risk.

10.3. With regard to consumers, warranty rights for new items expire two years after the transfer of risk.

10.4. Damage caused by improper handling of the goods by the user is excluded from the warranty.
No waiver
Failure by the provider to assert a right under these Terms and Conditions or to enforce a provision of these Terms and Conditions shall 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 any and all claims or demands, damages, obligations, losses, liabilities, costs, or debts, and expenses, including but not limited to legal fees and expenses, arising from

• violation of these terms and conditions of sale by the user;
• violation of third-party rights by the user, including, but not limited to, personal rights or intellectual property rights;
• violation of legal provisions, rules, or regulations by the user;
• violation of legal provisions by the user or its affiliated companies, executives, directors, representatives, 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 way without the express prior written permission of the provider, granted either directly or through a legitimate reseller program.
Intellectual property rights
14.1. Notwithstanding any specific provisions in these Terms and Conditions, 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 by applicable law or international treaties relating to intellectual property.
14.2. All trademarks, names, or logos—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 remain the exclusive property of the Provider or its licensors and are protected by applicable law or international treaties relating to intellectual property.
assignment

15.1. The provider reserves the right to transfer, assign, or pass on all rights and obligations arising from these Terms and Conditions, taking into account the legitimate interests of the user.

15.2. The provisions regarding amendments to the General Terms and Conditions apply accordingly.
Users may not assign or transfer their rights or obligations under the General Terms and Conditions in any way without the written consent of the Provider.
Prohibition of set-off between merchants
Users who are not consumers may only offset claims by the provider or assert a right of retention if their counterclaim is undisputed, a legally binding title exists, or the counterclaim is in a synallagmatic relationship to the respective claim.

C. Common provisions:

Privacy Policy To learn more about the use of their personal data, users can consult the privacy policy of the service (this website).
Changes to these Terms and Conditions

2.1. The provider reserves the right to change or otherwise modify these terms and conditions at any time. In this case, the provider will inform the user of these changes in an appropriate manner.
Such changes shall only apply to the contractual relationship from the time at which the user is notified.

2.2. By continuing to use the service, the user accepts the amended terms and conditions. If users do not wish to be bound by the changes, they must discontinue use of the service and may terminate the contract.

2.3. If the revised terms and conditions are not accepted, either party may terminate the contract. The previous version of the General Terms and Conditions shall apply to the relationship prior to the user's acceptance of the changes. The user may obtain any previous version of the General Terms and Conditions from the provider.
Applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer and has their habitual residence in another country at the time of conclusion of the contract, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
Place of jurisdiction
If the user is a merchant or does not have a general place of jurisdiction in Germany or in another EU member state, has moved his permanent residence abroad after these Terms of Use have come into effect, or if his place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction is Munich. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
dispute resolution

5.1. Amicable dispute resolution
Users may refer any disputes to the provider, who will attempt to resolve them amicably.
The user's right to take legal action remains unaffected. However, in the event of disputes regarding the use of the service (this website) or the service, the user is requested to contact the provider using the contact details provided in this document.
The user may send the complaint, including a brief description and, if 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 immediately within 21 days of receipt.

5.2. Online dispute resolution for consumers
Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a point of contact for the out-of-court settlement 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 General Terms and Conditions be or become invalid and/or contradict statutory provisions, this shall not affect the validity of the remaining provisions.

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 English version of these General Terms and Conditions is valid. Any translations into other languages are provided solely for the convenience of users.

Sample withdrawal form
To:
New Flag, Inc.
Sophie Trelles-Tvede, Niklas Epstein, Daniel Haffa, Felix Haffa
154 Leopold Street
80804 Munich
F: +49 (0) 89 4111 93833
E: support@new-flag.com

New Flag GmbH has appointed a company data protection officer. You can contact him at the above address, attn: Data Protection Officer, and at datenschutz@new-flag.com.

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