General Terms & Conditions
General Terms and Conditions of Bio Hair Spa - BIOHAIRSPA GmbH
The following General Terms and Conditions (GTCs) shall apply exclusively to 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. These GTC apply to all services which arise in connection with the professional title of hairdresser and cosmetics, including hair and skin cosmetic products, ancillary assortment and hairdressing technical articles, unless mandatory statutory provisions arise. Deviating, conflicting or supplementary general terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed in writing.
§ 2 Dates and default of acceptance
Appointments are only binding for us if the agreed execution date is not exceeded by more than 15 minutes. If the agreed date of execution cannot be carried out due to the fault (e.g. absence) of the customer, BIOHAIRSPA GmbH shall be entitled to withdraw from the contract and to assert a flat-rate claim for damages.
The user, customer assures that the contact data used is 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 request for an appointment is serious and that he wishes to use the services of BIOHAIRSPA GmbH at the requested appointment. We will pursue the transmission of appointment requests to BIOHAIRSPA GmbH ("joke orders") that are not made with legally binding intentions through our lawyers with the aid of the stored connection data to the extent permitted by law. In the event that the user, customer cannot keep an agreed appointment, he/she undertakes to cancel the appointment directly with BIOHAIRSPA GmbH by telephone, but not later than 24 hours before the start of the appointment.
The prices plus the respective statutory value added tax of the current price list and product price declarations shall apply. Invoice amounts are due immediately after performance of the service and are to be paid exclusively in cash or by EC cash.
It is pointed out that the customer will be in default at the latest even without setting a deadline if he does not perform after the service has been rendered. The charges invoiced to us shall be passed on for chargebacks of direct debits (ec/girocard) or credit card debits for which the customer is responsible. The customer reserves the right to prove a lesser damage or no damage at all. The statutory provision of § 280 para. 1 BGB shall apply.
BIOHAIRSPA GmbH accepts no liability for your wardrobe, bags, luggage and valuables. If necessary, please take off your jewellery before the start of the treatment. We accept no liability for your clothing if it is damaged through your own fault, the same applies to any incompatibilities and allergies, whether known or unknown. We do not accept liability for chemical, thermal, hair and skin cosmetic treatments expressly requested by the client, nor for any hairdressing measures. In the event of circumstances beyond our control, e.g. force majeure, such as power failure and the like, which prevent the fulfilment of a customer order, no liability claim can be derived. We also accept no liability for postponements or delays in appointments for which BIOHAIRSPA GmbH is not responsible. A claim for damages cannot be derived from this.
If a defect becomes apparent, the customer must report this immediately. The notification shall only be deemed to be immediate if it is made within 5 working days of the treatment or, in the case of goods purchased, within 5 working days. The customer shall then have the right to rectify the defect; if the rectification fails, the customer may demand rectification again. Claims for defects shall not exist in the case of only insignificant deviation from the agreed performance or quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear as well as in the case of damage caused as a result of incorrect or negligent treatment, excessive stress, unsuitable hair and skin cosmetic care products by the customer or due to special influences. If improper rectification work or changes are carried out by customers or third parties, there shall also be no claims for defects for these and the resulting consequences.
The service and goods remain the property of BIOHAIRSPA GmbH until full payment and fulfilment of all claims.
§ 9 Duty of confidentiality
The employees, freelancers in the salon and all persons working in the salon undertake to treat all related processes tacitly and also to preserve them after termination of the employment relationship. Data, contracts, procedures, written documents and all related procedures of the hairdressing salon BIOHAIRSPA GmbH may not be made available to third parties or passed on or disclosed to third parties.
§ 10 Data protection, use of personal data
The customer is aware and agrees that his personal data required exclusively for order and order processing will be stored on data carriers. The customer expressly consents to the collection, processing and use of his personal data within the framework of BIOHAIRSPA GmbH. The customer may revoke this consent at any time with immediate effect.
In this case, BIOHAIRSPA GmbH undertakes to delete the personal data immediately, unless the process has not yet been fully completed.
§ 11 Place of jurisdiction and applicable law
The place of jurisdiction is Munich. German law shall apply to the legal relationships of the contracting parties.
§ 12 Amendment of the general terms and conditions of business
If individual provisions of these General Terms and Conditions or of a contract supplemented by them are or become invalid, the validity of the other provisions shall not be affected thereby and the contract and these General Terms and Conditions shall otherwise remain valid for both parties. Rather, in place of each invalid provision, a substitute provision shall apply which corresponds or at least comes close to the purpose of the agreement, as the parties would have agreed to achieve the same economic result if they had known of the invalidity of the provision. The same shall apply to incompleteness.
Status of the GTCs: June 2018