§ 1 - General, scope ​

1. The following terms and conditions apply to contracts that you conclude with me as the provider SHÆDE via the website www.shaede.de or otherwise. Unless otherwise agreed, the inclusion of your own terms and conditions may be contradicted. ​ Based on these General Terms and Conditions (GTC), the buyer, hereinafter referred to as the customer, and

SHÆDE

Represented by Bianca Günther

Address: Gutenbergstraße 19, 14476 Potsdam, ​

 

hereinafter referred to as the seller, the contract is concluded.

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2. A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

 

3. My general terms and conditions apply exclusively. Differing, conflicting or supplementary terms and conditions of the customer will only become part of the contract if and to the extent that I have expressly agreed to their validity in writing.

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§ 2 Offers My offers are subject to change and non-binding.

 

§ 3 Appointments, treatments/ Counseling treatments

1. All legally competent persons aged 18 and over can be treated at their own request and by appointment. For persons under 18 years of age, the consent of their legal representative is required.

2. If the customer requests a special treatment appointment/consultation treatment appointment, I will try to accommodate this request. However, due to the large number of appointment requests, this is not always possible.

3. Agreed appointments are a mutual declaration of intent and are binding for both parties.

4. The treatment duration can be found in the offer and price list. The scope of the treatment/consultation treatment depends on the previous and individual consultation and the skin condition. I give treatment recommendations; the customer makes the decision about the type of treatment. The treatment/consultation treatment is carried out appropriately and professionally after a previous skin diagnosis and the treatment recommendation.

5. If I cannot keep an appointment for reasons for which I am not responsible or due to force majeure, the customer will be informed immediately, provided that the address and contact details provided enable prompt contact. In this case, I am entitled to postpone the appointment at short notice or to withdraw from the contract. My statutory rights of withdrawal and termination remain unaffected. ​

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§ 4 Refusal or termination of treatment I reserve the right to refuse or discontinue treatment if: the customer does not comply with the required pre- or aftercare instructions, there is a hygienically or medically questionable condition (e.g. heavy sweating, open wounds), the customer behaves disrespectfully, aggressively or insultingly. In such cases there is no right to a refund of amounts already paid. In the event of repeated misconduct, I can permanently exclude customers from future treatments.

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§ 5 Late delivery by the customer

1. Appointments must be canceled at least 24 hours in advance (during my business hours), regardless of the reason. If an appointment is not canceled on time, the following applies: a) If the customer does not appear at the agreed treatment appointment/consultation treatment appointment and does not cancel this appointment at least 24 hours in advance during my business hours, I am entitled to charge the customer 50% of the treatment price for the appointment that was not canceled in time in accordance with Sections 632,642 of the German Civil Code (BGB). The agreed consultation is generally free of charge for our customers. However, if the appointment is not canceled at least 24 hours before the start and the customer does not show up, I reserve the right to charge a flat-rate cancellation compensation of €50.00. This regulation serves to compensate for the time and organizational effort incurred. Appointment cancellations via social media (e.g. Instagram) will not be accepted. The business email address and telephone number are available for appointment cancellations. Appointment cancellations must be provided by the customer. The customer is not entitled to compensation.

2. The treatment/consultation treatment begins when the customer arrives. If you arrive late, you are only entitled to treatment/consultation during the agreed treatment period. I am also entitled to charge the full treatment time if the treatment period has to be completed on time due to a subsequent appointment. ​

 

§ 6 Prices and payment conditions

1. Unless otherwise agreed in individual cases, my current price list at the time the contract is concluded applies.

2. Payments for the treatments/consultation treatment and/or the purchase price are due immediately after the treatment/consultation treatment or upon handover of the sales goods in cash or online banking (Paypal, credit card). This applies accordingly to sales of vouchers.

3. In justified cases, appointments can only be accepted after appropriate advance payment.

4. Corrections/follow-up treatments (PMU) are chargeable unless otherwise agreed in writing.

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§ 6.1 – Payment in installments

(1) The provider allows the customer to pay the treatment price in installments upon request. Payment in installments requires an express written agreement between both parties before the first treatment begins. (2) The conditions of the installment payment, in particular the amount of the down payment, the number and due date of the installments as well as the account details, are regulated in a separate installment payment contract, which is part of the service contract.

(3) If the customer defaults on an installment, the entire outstanding amount becomes due immediately. The provider is entitled to charge default interest at the statutory rate and, if necessary, reminder fees from the time the default occurs.

(4) If no payment is made despite a reminder, the provider reserves the right to initiate legal dunning proceedings or to commission a debt collection company to collect the debt. The customer bears the resulting costs.

(5) The agreed treatment can be postponed or canceled if the deposit is missing or incomplete.

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§ 7 Warranty

1. During the treatment, products appropriate to the needs of the respective skin condition are used. However, no guarantee can be given regarding tolerability and success. The success of the treatment depends on the customer's individual skin condition and the customer's compliance with the care instructions. This is particularly true if the customer did not answer questions adequately or truthfully during the anamnesis interview. The customer is obliged to provide truthful information, especially regarding allergies, intolerances, skin diseases or contagious infectious diseases.

2. The customer must report any obvious treatment defects to me within 10 calendar days of being 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. In the event of complaints, payments already made will not be refunded. The same applies to deposits made. Complaints are only possible in the form of renewed treatment.

5. Otherwise, the customer's warranty claims are based on the statutory provisions.

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§ 8 Liability

The customer's claims for damages expire three years after the contractually agreed termination of the treatment. If a defect in treatment is known, the customer must report the defect in writing within a period of 3 months. After the deadline has expired, the customer can only assert claims if he/she was unable to comply with the deadline through no fault of his or her own. All claims for damages expire within three years of their origination. This does not apply to claims arising from unlawful acts. My liability and that of my employees and vicarious agents for breaches of contractual obligations and tort is limited to intent and gross negligence. This does not apply in the event of a breach of an essential contractual obligation, i.e. an obligation on whose compliance the customer can rely. In the case of slight negligence, liability is limited to compensation for foreseeable, typically occurring damage.

Liability for impairment of the treatment result caused by non-compliance with pre- or aftercare instructions, poor hygiene, excessive sweating, personal negligence or external influence is excluded. The same applies if the customer does not reschedule an appointment despite express recommendation, even though medical or hygiene reasons speak against it. The above liability limitations do not apply to claims arising from the Product Liability Act as well as statutory guarantee liability or injury to life, body and health.

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§ 9 Goods transaction

1. Retention of title The goods remain the property of the seller until full payment has been made.

2. Defects in goods The statutory regulations apply within the scope of the warranty. In the event of legitimate manufacturing defects, the customer will receive a replacement. Other claims are excluded.

3. Exchange of goods Promotional goods, individually ordered goods or already used goods cannot be exchanged. Exchanges will only be made upon presentation of proof of allergy.

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§ 10 Gift vouchers and special offers

1. Gift vouchers cannot be paid out in cash. The claim from the voucher expires in three years according to the regular limitation period of § 195 BGB. The limitation period begins at the end of the year in which the voucher was issued.

2. Offer promotions are only valid within the advertised period and must be taken advantage of during this time or are valid as long as they are in stock.

3. Special promotions may end immediately without notice. Unlimited promotions end at the latest 4 weeks after the promotion is announced. All special offers are only valid as long as they are in stock.

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§ 11 Subject to change

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

 

§ 12 General Terms and Conditions, price list

When new general terms and conditions or new offers and price lists appear, all previous ones lose their validity. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. ​

§ 13 Payment methods and shipping

1. The payment methods available to you are shown under a correspondingly labeled button on my website or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. Unless otherwise agreed, when booking courses, payment must be made on site at the latest on the course date before the course begins, otherwise there is no entitlement to participation.

2. The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective offer. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your risk.

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§ 14 Final provisions

1. The customer is only entitled to offsetting or retention rights to the extent that his claim has been legally established or is undisputed.

2. The customer is not entitled to assign his claims from the contract.

3. Agreements that deviate from the general terms and conditions must be in writing.

4. Place of performance and place of jurisdiction is the registered office of the cosmetic practice.

5. Should one or more of the above provisions be invalid, the validity of the remaining provisions should not be affected. This also applies if part of a regulation is ineffective, but another part is effective. The parties should replace the ineffective provision with a provision that comes closest to the economic interests of the contracting parties and that does not contradict the other contractual agreements.

6. Statutory liability law for defects Liability for defects is based on the “Warranty” regulation in my General Terms and Conditions (Part I).

7. All of the above provisions also apply to verbal/telephone and written agreements (e.g. via social media/Whatsapp, etc.).

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§ 15 Severability clause

Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.