terms and conditions

General Terms and Conditions

§ 1 General, scope 1. These general terms and conditions apply to all our business relationships with our customers. 2. Our general terms and conditions apply exclusively. Differing, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. § 2 Offers 1. Our offers are subject to change and non-binding. § 3 Appointments, treatments 1. All legally competent persons aged 18 and over will be treated at their own request and after an appointment has been agreed. For persons under 18, the consent of the legal representative is required. 2. If the customer wishes to have a special treatment appointment, we will try to accommodate this request. However, due to the large number of appointment requests, this is not always possible. 3. Agreed appointments are a mutual declaration of intent and are binding for both parties. 4. The duration of the treatment can be found in the offer and price list. The extent of the treatment depends on the prior and individual agreement and the condition of the skin. We give treatment recommendations; the customer makes the decision about the type of treatment. The treatment is carried out properly and professionally following a prior skin diagnosis and treatment recommendation. 5. If we are unable to keep an appointment for reasons beyond our control or due to force majeure, the customer will be informed immediately, provided that the address and contact details stored enable us to contact you promptly. In this case, we are entitled to postpone the appointment at short notice or to withdraw from the contract. Our statutory rights of withdrawal and termination remain unaffected. § 4 Delayed appointment by the customer 1. Appointments must be cancelled at least 48 hours in advance, regardless of the reason. If an appointment is not cancelled on time, the following applies: a) If cancellations are made within 48 hours of the agreed treatment appointment, the obligation to pay 80% of the price of that treatment remains. b) If the customer does not show up for the agreed treatment appointment and does not cancel this appointment at least 48 hours in advance, we are entitled to invoice the customer for the appointment that was not cancelled in time in accordance with Section 615 of the German Civil Code (BGB). The customer is not entitled to compensation. 2. Treatment begins when the customer arrives in the cabin. If they arrive late, they are only entitled to treatment for the agreed treatment period. We are also entitled to charge for the full treatment time if the treatment period has to be completed on time due to a subsequent appointment. When you use our website, personal data about you is collected. This can be done by you entering the data yourself - such as your email address. Our system also collects data from you automatically, such as your visit to our website. This happens regardless of the device or software you use to access our website. Any data you enter on our website is voluntary; you will not suffer any disadvantages if you do not disclose your data. However, without certain data, it is not possible for us to provide services or conclude contracts. We will draw your attention to such mandatory information in each case.On this website, user personal data is only collected within the framework of applicable data protection law, in particular the General Data Protection Regulation (GDPR). The technical terms used in the text are explained in more detail in Art. 4 of the GDPR.According to the GDPR, data processing is permitted in three cases in particular: according to Art. 6 Para. 1 lit. a and 7 GDPR, if you have consented to data processing by us; in each case we will inform you beforehand in this data protection declaration and on the occasion of your consent in accordance with Art. 4 No. 11 GDPR exactly why and under what circumstances your data will be processed by us; according to Art. 6 Para. 1 lit. b GDPR, if the processing of your personal data is necessary for the initiation, conclusion or execution of a contractual relationship; according to Art. 6 Para. 1 lit. f GDPR, if, after a balancing of interests, processing is necessary to protect our legitimate interests; this includes in particular our interests in analyzing, optimizing and securing the offering on our website - this primarily includes an analysis of user behavior, the creation of profiles for advertising purposes and the storage of access data as well as the use of third-party providers.Inventory dataWe collect inventory data insofar as it is necessary for the establishment, content design or modification of a (also free of charge) contractual relationship between us and the user. This can include: customer data (e.g. name, address), contact details (e.g. e-mail address, telephone number), service data (e.g. ordered service, term, fee). When establishing the user relationship, we will request this data from you (e.g. name, address and e-mail address) and also inform you to what extent the information is binding in each case in order to establish the user relationship. Usage dataWe also collect usage data to enable the user to use the services on our website. This may include: usage information (e.g. websites or areas accessed, length of visit, interest in services), content data (e.g. data entered or uploaded by you, texts, images, sounds, videos), metadata (e.g. identity of your device, location, IP address). We will only combine usage data if and to the extent that this is necessary for billing purposes. Otherwise, we will only create usage data pseudonymously and only if you have not objected to this. You can send this objection at any time to the address provided in the imprint or to the person responsible named in this data protection declaration. The legal basis for this data processing is, on the one hand, our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR in analyzing the website and its use, and if necessary also the legal permission to store data in the context of initiating a contractual relationship in accordance with Art. 6 Para. 1 lit. b GDPR. § 5 Prices and payment conditions 1. Unless otherwise agreed in individual cases, our current price list at the time of conclusion of the contract applies. 2. Payments for the cosmetic treatments and/or the purchase price are due immediately after the treatment or when the goods are handed over in cash or EC cash. This applies accordingly to the sale of vouchers. 3. In justified cases, appointments can only be accepted after appropriate advance payment. § 6 Cancellation conditions The following cancellation conditions apply: 1. The user can cancel a booked service, promotion, package price at any time. 2. If a service, promotion, package price is canceled, there will be no refund of the treatments used for the promotion and not yet used. 3. Payment for treatments that did not take place is excluded. The user can take advantage of comparable treatments instead. Treatments that have already taken place will be charged retroactively at the regular prices and the difference will be determined. § 7 Warranty 1. Products that correspond to the needs of the respective skin type are used during the treatment. However, no guarantee can be given regarding tolerability and success. The success of the treatment depends on the individual skin condition of the customer. This is particularly true if questions during the medical history interview were not answered adequately or truthfully by the customer. The customer is obliged to provide truthful information, particularly with regard to allergies, intolerances, skin diseases or contagious infectious diseases. 2. The customer must notify us of obvious treatment deficiencies within 10 calendar days of being able to identify the defect. Otherwise, warranty claims are excluded. 3. Notifications of defects by the customer must be in writing to be effective. 4. In all other respects, the customer's warranty claims are governed by the statutory provisions. § 8 Liability 1. The contractor is liable - except in the case of breach of essential contractual obligations, injury to life, body or health or claims under the Product Liability Act - only for intent and gross negligence. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.2. The claim for damages for the negligent violation of essential contractual obligations is limited to the damage typically foreseeable under the contract, unless there is also a § 9 Goods transaction 1. Retention of title The goods remain the property of the seller until full payment has been made. 2. Defects in goods The statutory provisions apply within the scope of the warranty. In the case of justified manufacturing defects, the customer receives a replacement. Other claims are excluded. 3. Exchange of goods Promotional goods, individually ordered goods or already used goods cannot be exchanged. Exchanges can only be made after presentation of proof of allergy. § 10 Gift vouchers and special offers 1. Gift vouchers cannot be paid out in cash. The claim arising from the voucher expires in three years according to the regular limitation period of § 195 BGB. The limitation period begins at the end of the year in which the voucher was issued. 2. Special offers are only valid during the advertised period and must be taken advantage of during this time or are valid as long as they are in stock. 3. Special offers can be ended immediately without notice. Unlimited offers end at the latest 4 weeks after the promotion is announced. All special offers are only valid as long as they are in stock. § 11 Final provisions 1. The customer is only entitled to set-off or retention rights to the extent that his claim has been legally established or is undisputed. 2. The customer is not entitled to assign his claims under the contract. 3. Agreements deviating from the general terms and conditions must be in writing. 4. The place of performance and jurisdiction is the registered office of the cosmetic institute. 5. If one or more of the above provisions are invalid, this shall not affect the validity of the remaining provisions. This also applies if one part of a provision is invalid but another part is valid. The parties shall replace the invalid provision with a provision that comes closest to the economic interests of the contracting parties and that does not conflict with the other contractual agreements. Peri Beauty Institut Owner Perihan Kacar Kätnersredder 112a 24232 Schönkirchen
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