General Terms and Conditions
§ 1 Scope of application
1. The following General Terms and Conditions apply exclusively to the business relationship between Sandra von Gneisenau Salon GmbH, Ottostrasse 2, 80333 Munich (hereinafter "Provider") and the corporate customers (hereinafter "Customers") in the version valid at the time of conclusion of the contract.
2. Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall not apply unless the Provider expressly agrees to their validity in writing. This shall also apply if their validity is not separately objected to in individual cases.
§ 2 Appointments, conclusion of contract and appointment cancellations
1. Appointments can be requested at the provider's premises, by email, by SMS/WhatsApp message or by telephone. When requesting an appointment, the customer must inform the provider of any existing allergies, intolerances and other facts relevant to the provider's service. Furthermore, when requesting an appointment, the customer must state which of the provider's services they wish to use.
2. A request for an appointment by the customer does not constitute an offer within the meaning of Section 145 BGB. A contract is only offered to the customer when the provider responds to the customer's appointment request. The provider's response shall take the form of an email/SMS/WhatsApp message from the provider to the customer. In the case of a telephone appointment request, the customer must provide the provider with a valid e-mail address or mobile phone number. In the message, the provider confirms that the requested appointment is available and also informs the customer of the expected duration of the requested service and its expected price. The customer's response to the provider's request constitutes acceptance. In the case of a request for an appointment at the Provider's premises, the Provider is not required to respond in the form set out in Section 2 No. 2 sentence 2.
3. If a customer is unable to keep an appointment, they must cancel the appointment. Cancellation is possible in any form.
a) For appointments that are canceled less than 24 hours before the time of the agreed appointment, a cancellation fee of 50% of the time and effort required for the treatment in hours will be charged. The billing rate per hour for the provider is 80.00 euros. Example: If an appointment is scheduled to last 2 hours, a cancellation fee of 50% x 2 hours x 80.00 euros = 80.00 euros will be charged. The maximum cancellation fee is 100.00 euros.
b) If the client does not show up for an agreed appointment without canceling in advance, a cancellation fee amounting to the full hourly rate for the entire duration of the treatment in hours will be charged. Example: If an appointment is scheduled to last 2 hours, a cancellation fee of 100% x 2 hours of treatment x 80.00 euros = 160.00 euros will be charged.
c) A cancellation fee will not be charged if circumstances lead to a cancellation that have occurred through no fault of the customer. In the event that an appointment is canceled due to illness, a medical certificate must be submitted to the provider by the customer.
d) In principle, saved expenses and other uses (in particular a transfer of the appointment) as a result of a cancellation in favor of the provider are taken into account by the percentage discount on the cancellation fee. If, in exceptional cases, expenses are saved or the appointment is used for other purposes and this results in a credit balance in favor of the provider that exceeds the amount that constitutes the difference between the order amount and the cancellation fee owed by the customer, the customer's cancellation fee shall be reduced to the extent that the cancellation fee and credit balance together correspond to 100% of the order amount. The Provider shall not be obliged to actively promote any other use of the appointment.
4. If the appointment cannot be kept by the Provider through no fault of the Provider or due to force majeure, the Customer shall be informed immediately if this is possible on the basis of the address or contact details provided. In such a case, the provider is entitled to withdraw from the contract. The statutory rights of withdrawal and termination remain unaffected.
§ 3 Prices and terms of payment
1. Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract shall apply on the basis of our price list. The prices listed in the price list include value added tax. The prices stated are minimum prices and may increase due to additional expenses (e.g. particularly thick hair) or spontaneous booking of additional services. The price list can be found on our
price list page.
2. Invoice amounts are due and payable immediately after the service has been provided.
3. Invoice amounts are to be paid in cash, by EC or credit card or by presenting a voucher.
4. Offsetting against our claims is only permitted with undisputed or legally established counterclaims.
§ 4 Liability
1. The Provider shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent or gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
2. In other cases, the Provider shall only be liable for breaches of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligations). Liability is limited to compensation for damages foreseeable and typical at the time of conclusion of the contract. In all other cases, the liability of the provider is excluded subject to clause 3.
3. Liability for damages resulting from injury to life, body or health remains unaffected by the limitations and exclusions of liability from clauses 1 and 2.
4. Liability for the wardrobe, valuables, bags or other items of luggage is not assumed. The customer must remove jewelry, in particular earrings, before the service is provided by the provider.
4. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is Munich.
§ 5 Warranty
1. If a defect becomes apparent after the deadline, the customer has the right to a rectification to be carried out by the provider. If this fails, the customer is entitled to further warranty rights. The warranty rights shall lapse if the customer does not notify the provider of the defect within 14 days in the event of an obvious defect.
2. Notifications of defects must be made in writing to be effective.
3. In all other respects, warranty claims shall be governed by the statutory provisions.
§ 6 Vouchers
1. Customers may purchase vouchers from the Provider. A voucher can be redeemed for all services that can be booked with the provider (see § 3 No. 3). The value contained in a voucher cannot be paid out in cash.
2. The claim arising from the voucher expires in three years in accordance with the regular limitation period of Section 195 BGB. The limitation period begins at the end of the year in which the voucher was issued.
§ 7 Retention of title
The services and goods used in the provision of services (e.g. hair extension products) remain the property of the provider until full payment and fulfillment of all claims of the provider that the provider holds against the customer.
§ 8Children's room
1. There is a separate room on the Provider's business premises that is available for children to stay in while the Provider is providing services to the Customer (children's room).
2. Staying in the children's room does not constitute a childcare contract between the Provider and the Customer. The customer's duty of supervision (§§ 1626, 1631 BGB) is not transferred to the provider.
3. Customers are liable for damages caused by the child in the event of a breach of the duty of supervision in accordance with the statutory provisions.
4. Claims of the child against the provider according to the principle of the contract with protective effect in favor of third parties are excluded.
§ 9 Data protection
The personal data transmitted to the provider is collected, processed and stored exclusively for the purpose of the service to be provided. The data will not be passed on to third parties without the written consent of the customer. In the event of revocation by the customer, the data will be deleted immediately by the provider.
§ 10 Final provisions
1. Insofar as the contract or these General Terms and Conditions contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had been aware of the loophole.
2. The place of performance for the agreed services is the registered office of the Provider at Ottostrasse 2, 80333 Munich.
3. The law of the Federal Republic of Germany applies to these General Terms and Conditions and the contractual relationship between the Customer and the Provider.
4. The place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Provider is Munich.
