General Terms and Conditions of
Bio Hair Spa – BIOHAIRSPA GmbH
§ 1 Scope
For the business relationship between the CUSTOMER named below and BIOHAIRSPA GmbH and its vicarious agents, Hiltenspergerstr. 60, 80796 Munich, hereinafter referred to as BIOHAIRSPA GmbH, the following General Terms and Conditions (GTCs) apply exclusively. These terms and conditions apply to all services that arise in connection with the professional title of hairdresser and cosmetics, including hair and skin cosmetic products, secondary ranges and hairdressing technical items, unless mandatory legal provisions arise. Deviating, conflicting or supplementary general terms and conditions, even if we are aware of them, do not become part of the contract unless their validity is expressly agreed to in writing.
§ 2 Deadlines and delays in acceptance
Appointments are only binding for us if the agreed execution date is not exceeded by more than 15 minutes. If the agreed execution date cannot be carried out due to the customer's fault (e.g. absence), BIOHAIRSPA GmbH is entitled to withdraw from the contract and assert a flat-rate claim for damages.
§ 3 Online appointments
The user, customer guarantees that the contact details used are accurate and complete. The use of pseudonyms is not permitted. BIOHAIRSPA GmbH is entitled to check the contact details. Furthermore, the user, customer, assures that his appointment request is serious and that he would like to use the services of BIOHAIRSPA GmbH on the requested date. We will use our lawyers to track the transmission of appointment requests to BIOHAIRSPA GmbH that are not legally binding ("joke orders") using the stored connection data to the extent permitted by law. In the event that the user/customer is unable to keep an agreed appointment, he or she undertakes to cancel the appointment directly with BIOHAIRSPA GmbH by telephone, but no later than 24 hours before the start of the appointment.
§ 4 Prices and payment
The prices apply plus the respective statutory VAT in the current price list and product price declarations. Invoice amounts are due immediately after the service has been fulfilled and can only be paid in cash or by EC cash.
§ 5 Default
It should be noted that the customer will be in default at the latest even without setting a deadline if he does not perform the service. For chargebacks of direct debits (ec/girocard) or credit card debits for which the customer is responsible, the fees invoiced to us will be passed on. The customer reserves the right to prove that there was less damage or no damage at all. The legal regulation of Section 280 Paragraph 1 of the German Civil Code (BGB) applies.
§ 6 Liability
BIOHAIRSPA GmbH assumes no liability for your wardrobe, bags, luggage and valuables. If necessary, please take off your jewelry before starting treatment. We assume no liability for your clothing if it is damaged through your own fault; the same applies to any intolerances and allergies, whether known or unknown. Exclusion of liability applies to chemical, thermal, hair and skin cosmetic treatments expressly requested by the customer, as well as all hairdressing measures. No liability claim can be derived in circumstances for which we are not responsible, e.g. force majeure, such as power outages and the like, which prevent the fulfillment of a customer order. We also assume no liability for postponements or delays caused by BIOHAIRSPA GmbH is not responsible. A claim for damages cannot be derived from this.
§ 7 Warranty
If a defect becomes apparent, the customer must report this immediately. The notification is only considered immediate if it is made within 5 working days after the treatment or in the case of purchased goods. The customer then has the right to rectification; if the rectification fails, he can request rectification again. Claims for defects do not apply in the event of only insignificant deviations from the agreed service or quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or in the case of damage resulting from incorrect or negligent treatment, excessive use, unsuitable hair and skin cosmetic care products by the customer or due to special Influences emerge. If customers or third parties carry out improper repair work or changes, there are no claims for defects for these or the resulting consequences.
§ 8 Retention of title
The service and goods remain the property of BIOHAIRSPA GmbH until all claims have been paid in full and fulfilled.
§ 9 Confidentiality
The employees, freelancers in the salon and all people working in the salon. undertake to treat all related processes confidentially and also to preserve them after the termination of the employment relationship. Data, contracts, processes, written documents and all related processes of the hairdressing salon BIOHAIRSPA GmbH may not be made available to third parties or passed on or passed on to third parties.
§ 10 Data protection, use of personal data
The customer is aware and agrees that his personal data, which is only necessary for order processing, will be stored on data storage media. The customer expressly agrees to the collection, processing and use of his personal data within the framework of BIOHAIRSPA GmbH. The customer can revoke this consent at any time with immediate effect.
In this case, BIOHAIRSPA GmbH undertakes to immediately delete the personal data, unless the process has not yet been completed.
§ 11 Place of jurisdiction and applicable law
The place of jurisdiction is Munich. German law applies to the legal relationships of the contracting parties.
§ 12 Change to the general terms and conditions
BIOHAIRSPA GmbH reserves the right to change these terms of use at any time and without giving reasons. The main performance obligations to be fulfilled by the parties will remain unaffected by these changes. If BIOHAIRSPA GmbH has a valid contact address, the changed conditions will be communicated to registered users by email in good time before they come into force. If the user does not object to the validity of the new terms of use within two weeks of receiving the above notification of changes, the changed terms of use are deemed to have been accepted. The notification of changes will contain a reference to the possibility and deadline for objection as well as the meaning and consequences of not objecting. These general terms and conditions are not saved automatically. The currently valid text of the general terms and conditions on biohairspa.de applies.
§ 13 Final clause
If individual provisions of these General Terms and Conditions or a contract supplemented by them are or become ineffective, this does not affect the effectiveness of the other provisions and the contract and these General Terms and Conditions remain valid for both parties. Rather, instead of any ineffective provision, a replacement provision that corresponds to or at least comes close to the purpose of the agreement applies, as the parties would have agreed to achieve the same economic result if they had known that the provision was ineffective. The same applies to incompleteness.
Status of the terms and conditions: June 2018