Conditions
General terms and conditions of business
GENERAL, SCOPE OF APPLICATION
These general terms and conditions (GTC) apply to all business relationships with customers of the company. The terms and conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer only become part of the contract if and to the extent that the company has expressly agreed to their validity. This requirement for consent applies in any case, for example even if the company's services are carried out without reservation in knowledge of the customer's terms and conditions. With the agreement of an appointment by telephone or e-mail, the general terms and conditions automatically come into force. These can only be changed by written individual agreements. Other general terms and conditions do not apply. Daisy Horn is the representative and she reserves the right to change the general terms and conditions. The prices apply until a new price list is published. The version valid at the time the contract is concluded is decisive. In the event of deviating prices within the company, the prices on the Internet apply. In the case of special offers, the price offered is limited to the special offer. Services rendered must be paid for directly at the business premises after treatment at the latest, unless otherwise agreed. These conditions are recognized when the order is placed and apply. The applicable prices include the applicable statutory value-added tax (currently at 19%).
SERVICE OFFERS AND DATES
The offers are generally subject to change and non-binding.
APPOINTMENTS, TREATMENTS, CONSULTATIONS
All legally competent persons over the age of 18 are treated at their own request and by appointment. For persons under the age of 18, the consent of the legal representative is required. If the customer requests a special treatment appointment, the company will try to accommodate this request. However, due to the large number of appointment requests, this is not always feasible. Agreed dates are binding. The duration and scope of the treatment are based on the prior and individual agreement. The company makes treatment recommendations, and the customer decides on the type of treatment. The working hours are carefully planned so that there are as few waiting times for the customer as possible. Appointments can be canceled or postponed free of charge up to 2 days / 48 hours in advance. Since appointments canceled at short notice often cannot be filled, the company must: Calculate cancellation compensation of 20% of the treatment price from 24 hours before the agreed appointment.
CUSTOMER DELAY AND CANCELLATION
If the company cannot meet an appointment for reasons beyond our control or force majeure, the customer will be informed immediately, provided that the address and contact details provided enable us to contact them promptly. In this case, the company is entitled to postpone the appointment at short notice or to withdraw from the contract. The statutory rights of withdrawal and termination remain unaffected. If the customer does not show up for the agreed treatment appointment and does not cancel this appointment at least 24 hours in advance, the company is entitled to charge the customer for the appointment that was not canceled in good time in accordance with § 615 BGB. The customer is not entitled to compensation. If you arrive late, you are only entitled to treatment during the agreed treatment period. The company is also entitled to charge for the full treatment time if the treatment period has to be completed on time due to a subsequent appointment. We prepare your valuable treatment experience with prudence and care. We therefore ask you to make your written cancellations by email free of charge at least 24 hours before the treatment appointment. A confirmation of cancellation may be sent to you by email. If you cancel at short notice, we charge a cancellation fee of 80% of the treatment price. If you do not show up for the agreed appointment, you will be charged in full for the appointments that you did not attend, and vouchers for the appointment are then considered redeemed.
PRODUCT PURCHASE / PRODUCT SALE
The company assumes no liability for third-party products
PURCHASE WITHOUT TREATMENT:
The purchase of cosmetics is not tied to a treatment. Of course, products can also only be bought. The company retains title to the goods until the purchase price has been paid in full. GTC VOUCHERS / SPECIAL VOUCHERS
A cash payment is generally excluded for vouchers purchased in the studio or online. Vouchers are personalised, they can be passed on to third parties, but for security reasons it is essential to consult the voucher issuer and change the voucher. Special vouchers from our cooperation partners cannot be combined with arrangements. Special vouchers from cooperation partners can neither be paid out in cash nor offset against the purchase of goods. Due to the nature of the system, vouchers can only be redeemed if they have already been specified in the appointment confirmation. Vouchers must be handed over immediately before the treatment.
VOUCHER DELIVERY
Vouchers are sent immediately after the order has been placed - usually on the same working day. Vouchers are delivered to the delivery address specified by the customer. The sales contract for the voucher becomes effective upon delivery to the customer. The company assumes no liability for, for example, vouchers that are delivered too late and any damage associated therewith. A voucher is sent at your own risk. The costs for shipping and processing are € 2.50. Collection from the business premises is also possible. After receipt of the voucher, the customer is obliged to transfer the enclosed invoice to the specified account within 8 days. Vouchers will only be redeemed if they have been paid for in full. If the voucher has not arrived within 5 working days after receipt of a confirmation e-mail, the customer must notify us immediately, but no later than 2 weeks after ordering. If the customer does not inform us within 2 weeks after ordering the voucher that the voucher has not arrived, Auszeit will not guarantee a refund. Redeeming a voucher after a price increase After a price increase, the company reserves the right to demand the increased additional price for a treatment from the voucher customer for the treatment, even if the content of the treatment is the same.
PRICES AND PAYMENT TERMS
Unless otherwise agreed in individual cases, the prices current at the time the contract is concluded shall apply. The agreed prices are due upon completion of the treatment. In justified cases, appointments can only be accepted after appropriate advance payment. Payments must be made in cash or authorization to collect by direct debit will be granted. This applies accordingly to sales of products or vouchers.
WARRANTY
Within the treatment, products corresponding to the needs of the respective skin type are used. However, no guarantee can be given regarding tolerability and success. This applies in particular if questions in the preliminary discussion were not answered adequately or truthfully by the customer. The customer must report obvious treatment defects within 10 calendar days of recognizing the defect. Otherwise warranty claims are excluded. Notifications of defects by the customer must be in writing to be effective. Otherwise, the customer's warranty claims are based on the statutory provisions. If, despite expert use, consequential damage occurs that is due to the fact that a customer conceals reasons for exclusion, we are exempt from any liability. The same applies to damage that arises because the customer himself was not aware of a reason for exclusion and was not recognizable to us. Known complaints such as allergies, physical limitations, pressure-sensitive skin, pregnancy or other must be reported to Auszeit employees before treatment.
LIABILITY
Claims for damages by the customer expire three months after the contractually agreed termination of the treatment if the claims are not asserted within this period. There is no liability for durability as in most treatments future durability cannot be predicted as everyone's body reacts differently. After the deadline, the customer can only assert claims if he was prevented from meeting the deadline through no fault of his own. All claims for damages become statute-barred one year after they arise. This does not apply to claims in tort. The liability of the company as well as that of the employees and vicarious agents for contractual breaches of duty and tort is limited to intent and gross negligence. A treatment contract, which may be carried out for some treatments, is part of and a supplement to the General Terms and Conditions. This does not apply in the event of a breach of an essential contractual obligation, ie an obligation the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer relies and may rely. In the event of slight negligence, however, liability is limited to compensation for the foreseeable, typically occurring damage. The above limitations of liability do not apply to claims arising from the Product Liability Act or other statutory guarantee liability or injury to life, body and health.
FINAL PROVISIONS
The customer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. The customer is not entitled to assign his claims from the contract. Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This also applies if part of a regulation is ineffective but another part is effective. The respective invalid provision shall be replaced by the parties with a provision that comes closest to the economic interests of the contracting parties and does not conflict with the remaining contractual agreements.
We always reserve the right to cancel in advance.
Terms and Conditions with
customer information
Table of contents
scope
conclusion of contract
right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
retention of title
Liability for defects (warranty)
Applicable Law
Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Beauty Fine Daisy Horn (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the Seller goods presented in its online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive in this respect, or by notifying the customer delivers the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by asking the customer to pay after the order has been placed. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.
2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers who shop as consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the terms of the PayPal Terms of Use, available athttps://www.paypal.com/de/webapps/mpp/ua/useragreement-fullor - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed athttps://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
%a) There is no right of cancellation for online products because the online access is redeemed and sent immediately.
6) Retention of title
If the seller pays in advance, he retains title to the goods delivered or the treatment carried out until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 The customer is asked to complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link:https://ec.europa.eu/consumers/odrThis platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.