1. General, scope
1. These general terms and conditions (GTC) apply to all our business relationships with our customers.
2. Our 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 we have expressly agreed to their validity. This approval requirement applies in any case, for example even if we carry out our services without reservation in knowledge of the customer's terms and conditions.
2 offers
Our offers are non-committal and non-binding.
3. Appointments, treatments
1. All persons with legal capacity 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.
2. If the customer requests a special treatment appointment, we will try to accommodate this request. However, due to the large number of appointment requests, this is not always feasible.
3. Agreed dates are binding.
4. The duration and scope of the treatment depend on the prior and individual agreement and the skin type. We give treatment recommendations, the decision about the type of treatment is made by the customer.
5. If we are unable to keep 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, 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. Default by the customer
1. If the customer does not appear for the agreed treatment appointment and does not cancel this appointment at least 24 hours in advance, we are entitled to invoice the customer for the appointment not canceled in good time in accordance with Section 615 BGB. The customer is not entitled to compensation.
2. If you arrive late, you are only entitled to treatment during the agreed treatment period. We are also entitled to charge for the full treatment time if the treatment has to be completed on time due to a subsequent appointment.
5. Prices and terms of payment
1. Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded shall apply. When new terms and conditions or offers and price lists are published, all previous ones lose their validity. German law applies to the exclusion of the UN purchase law.
2. The agreed prices are due upon completion of the treatment. In justified cases, appointments can only be accepted after appropriate advance payment.
3. Payments are to be made in cash or are issued using the EC-Cash direct debit procedure. This applies accordingly to sales of products or vouchers. We reserve the right to charge a reasonable deposit in advance.
6. Vouchers
1. All vouchers sold by ConsaDerm are valid for 36 months.
2. It is not possible to pay out the vouchers.
7. Warranty
1. 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. Customers are obliged to point out any illnesses that the treatment could affect, such as allergies or infections.
2. The customer must notify us of obvious treatment defects within 3 calendar days after he was 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. Otherwise, the customer's warranty claims are based on the statutory provisions.
8. Liability
1. Claims for damages by the customer expire three months after the contractually stipulated end of the treatment if the claims are not asserted within this period. After the deadline, the customer can only assert claims if he was prevented from meeting the deadline through no fault of his own.
2. All claims for damages expire one year after they arise. This does not apply to claims in tort.
3. Our liability and that of our employees and vicarious agents for contractual breaches of duty and tort is limited to intent and gross negligence. 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.
4. 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.
5. The liability for health impairments of the customer within the framework of the treatment contract is limited to. the retention limit within the framework of the existing business liability insurance. Liability for long-term consequences of using the treatment system is excluded if these are not known at the present time. 6. If the customer provides false and/or inaccurate information about his physical condition or previous stress when concluding the treatment contract, ConsaDerm shall not be liable. The correctness of the customer information for a successful treatment is absolutely decisive.
7. If the customer does not follow the instructions or recommendations of ConsaDerm, which serve to prepare for the treatment, or follow them only to a limited extent, ConsaDerm shall not be liable. ConsaDerm is not liable for further treatment instructions or recommendations after the treatment, which can be found in detail in the customer information.
9. Exchange of Goods
Promotional goods, individually ordered goods or goods that have already been used cannot be exchanged. Exchanges can only be made upon presentation of proof of allergy.
10. Place of performance, law and place of jurisdiction
The place of fulfillment for performance and payment is the location of the ConsaDerm cosmetic & coaching branch. German law applies. Place of jurisdiction is Krefeld.
11. Privacy
We use the personal data transmitted to us, such as name, address, telephone number or e-mail address, exclusively for the purpose of processing your request, submitting special offers/information or processing your order. Your data will not be disclosed to third parties.
12. Final Provisions
1. The customer is only 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. Should one or more of the above provisions be invalid, the effectiveness 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.