Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS (GTC) of FACES BY CLARA & KURNIA GbR (STAND 07/2020)

§ 1 General, scope of application

  1. These general terms and conditions (AGB) apply to all our business relations with our customers.
  2. Our AGBs apply exclusively. Deviating, conflicting or supplementary AGB of the customer will only be accepted if and to the extent that we have expressly agreed to their validity in writing.

§ 2 Offers

Our offers are subject to change and non-binding.

§ 3 Appointment allocation, treatments

  1. All persons with legal capacity over 18 years of age are treated at their own request and by appointment at persons under 18 years of age require the consent of their legal representative.
  2. If the customer wishes a special treatment appointment, we will try to comply with this wish.
    However, due to the large number of requests for appointments, this is not always feasible.
  3. Agreed dates are a mutual declaration of intent and binding for both parties.
  4. The duration of treatment is to be taken from the offer and price list. The extent of the treatment depends on the prior and individual consultation and the skin condition. We give treatment recommendations, the decision on the type of treatment is the costumers responsibility. The treatment is carried out after a previous skin diagnosis and the treatment recommendation.
  5. If a deadline cannot be met by us for reasons beyond our control or force majeure, the customer will be contacted immediately, provided that the address and contact data stored allow a prompt contact with the customer. In this case we are entitled to postpone the date at short notice or to withdraw from the contract. Our statutory rights of withdrawal and termination remain unaffected.

§ 4 Delay in delivery by the customer

  1. Appointments are to be cancelled, no matter for what reasons, at least 1 working day in advance In the event of a cancellation not made in due time of an appointment the following applies:
    1. In case of cancellation within 24 hours before the agreed treatment appointment, the obligation to pay 50% of the price of that treatment.
    2. If the client does not show up for the agreed treatment appointment and does not say this appointment at least 24 hours the date is cancelled before then, we shall be entitled to invoice the customer for the date not cancelled in time in accordance with § 615 BGB. The customer shall not be entitled to claim compensation.
  2. The treatment begins with the arrival of the customer in the cabin. In case of late arrival there is a Right to treatment only during the agreed treatment period. We are also entitled to use the full treatment period if the treatment period must be terminated punctually due to a subsequent appointment.

§ 5 Prices and terms of payment

  1. Unless otherwise agreed in individual cases, our valid price list at the time of conclusion of the contract shall apply.
  2. The payments for the cosmetic care treatments and / or the purchase price are due after the treatment and / or Delivery of the goods for sale immediately due for payment in cash or EC-Cash. With sales of coupons this applies accordingly.
  3. In justified cases, dates can only be accepted after corresponding advance payment.

§ 6 Warranty

  1. Products are used within the treatment which are appropriate to the needs of the respective skin type. However, no guarantee can be given regarding compatibility and success. The success of treatment depends on the individual skin of the customer. This applies in particular if questions during the anamnesis interview are not answered by the customer were answered sufficiently or not truthfully. The customer is obliged to provide truthful information, especially in regard to allergies, intolerances, skin diseases or contagious infectious diseases
  2. The customer shall inform us of any obvious treatment deficiencies within 10 calendar days after he was able to recognize the deficiency, to be displayed. Otherwise warranty claims are excluded.
  3. Notification of defects by the customer must be in writing to be effective.
  4. An all other respects the warranty claims of the customer shall be governed by the statutory provisions.

§ 7 Liability

  1. The customer’s claims for damages expire three years after the contractually agreed termination
    the treatment. If the customer is aware of the treatment defect, he/she must report the corresponding defect within a period of months can be asserted. After the expiry of this period, the customer can only assert claims if he has not fault has been prevented from complying with the deadline.
  2. All claims for damages shall become statute-barred within three years of their accrual. This does not apply to claims from tort.
  3. Our liability as well as that of our employees and vicarious agents for contractual breaches of duty and for tort is limited to intent and gross negligence. This shall not apply in the event of a breach of a material contractual obligation, i.e. an obligation on whose compliance the customer trusts and may trust. In the case of slight negligence, however, the liability is limited to the replacement of the foreseeable, typically occurring damage.
  4. In the case of claims arising from the Product Liability Act and other statutory guarantee liability or injury to life, body and health, the above limitations of liability do not apply.

§ 8 Commodity transactions

  1. Retention of title
    The goods remain the property of the seller until full payment has been received.
  2. Defects of the goods
    Within the scope of the warranty, the statutory provisions shall apply. In case of justified manufacturing defects, the Customer replacement. Other claims are excluded.
  3. Exchange of goods
    Promotional goods individually ordered goods or already used goods are excluded from exchange. Exchange takes place only after presentation of proof of allergy.

§ 9 Gift vouchers and special offers

  1. Gift vouchers cannot be paid out in cash. The claim from the voucher expires after the regular limitation period of § 195 BGB in three years. The statute of limitations begins at the end of the year in which the voucher was issued.
  2. Tendering actions are only valid during the tendered period and must be taken up or applied during this period as long as they are in stock.
  3. Special offers can be terminated immediately without notice. Unlimited actions end at the latest with expiry of 4 weeks after announcement of the action. All special offers are only valid as long as they are in stock.

§ 10 Permanent Make-up (PMU)

Guarantee
The color durability / color uniformity can be improved for eyebrows, eyelid lines, lip contours and shading of the lips in different for each individual. Since every skin or mucous membrane takes on the color differently, a one hundred percent equal color intensity at all pigmented areas cannot always be guaranteed. Care instructions for Follow-up treatment of a PMU as well as all indications and side effects are explained in detail before treatment. The With his signature on the information sheet, the customer declares that he has fully understood the explanations.
Care instructions and care products are handed out after the PMU treatment. As a rule, two after-treatments required.
The first PMU follow-up after 1 week is mandatory to control the healing process. In case of non-compliance the entitlement to a discounted post-treatment price. The 1st follow-up appointment for new permanent make-up is at the earliest after 4 weeks.
If necessary, further follow-up appointments can be made within 3 months after the first treatment (according to price list) can be made. Furthermore, standard prices apply (see price list).
Customers of Faces by Clara & Kurnia receive the refreshment at a reduced price if the customer, after new treatment comes for a refresher course once a year. For warranty services not used, the standard prices apply (see price list).

§ 11 Aesthetic treatments

Aesthetic treatments with hyaluron are carried out by an established doctor. Faces by Clara & Kurnia arrange the treatment appointments at our offices. Faces by Clara & Kurnia does not assume any guarantee or risk for the treatment. The contract for this treatment is exclusively between the doctor and the client.

§ 11 Subject to change

We reserve the right to make changes in the type and scope of treatments and prices in the meantime.

§ 12 AGB, price list

With the appearance of new general terms and conditions or new offer and price lists, all previous ones lose their validity. German law shall apply to the exclusion of the UN Sales Convention.

§ 13 Final provisions

  1. The customer shall only be entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed.
  2. The customer is not entitled to assign his claims from the contract.
  3. Any agreements deviating from the general terms and conditions must be made in writing.
  4. Place of performance and jurisdiction is the location of the cosmetic studio.
  5. Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This also applies if within a regulation a part is invalid, but another part is effective. The invalid provision shall be replaced by the parties by a provision which comes closest to the economic interests of the parties to the contract and which does not contradict the other contractual agreements.