Terms & Conditions

Scope

These General Terms and Conditions (“GTC”) apply between the customer and Beauty Privé, Wollzeile 24/15, 1010 Vienna (“Beauty Privé by Dr. Denkova”) for all services in cosmetics as well as for all product sales that take place at the place of business.

By booking the treatments offered by Beauty Privé by Dr. Denkova via the FITSYS platform, the customer accepts and agrees to these GTC.

The version of the GTC valid at the time of conclusion of the contract is decisive.

In addition, Beauty Privé by Dr. Denkova reserves the right to change these GTC and/or the services in accordance with the provisions of this clause at any time with effect even within the existing contractual relationship.

Performances

Beauty Privé by Dr. Denkova specialises in certain services in cosmetics and sells certain products locally at its registered office. With regard to the provision of cosmetic services, the following applies in particular:

• We offer our services in the form of cosmetic treatments, which the customer can book electronically via our website, via our partner “treatwell”, by telephone, by e-mail, or on site.
• If the treatment is booked online, the customer must register with our partner FITSYS. To register, the customer needs a valid e-mail address and a password of his choice. The text of the contract, i.e. the customer’s details for treatment, is stored by FITSYS. Irrespective of this, FITSYS will send a booking confirmation to the e-mail address provided by the customer.
• A booked treatment is binding and can be cancelled by the customer free of charge up to a maximum of 24 hours before the start of the treatment. Cancellations made less than 24 hours before the start of the treatment will not be accepted by Beauty Privé by Dr. Denkova.
• Furthermore, free cancellations by the customer are considered justified if they are due to extraordinary reasons beyond the customer’s sphere of control (e.g. unexpected illness).
• If the customer cannot or does not want to meet an agreed appointment and this has not been postponed or cancelled in time, cancellation fees of 50% of the price of the treatment will be deducted.
• The treatment period begins when the customer arrives in the treatment room. If the customer is late, the originally agreed treatment appointment shall apply. The missed time will only be made up if this does not affect the further course of the organization.
• If the delay of the customer is to such an extent that the booked treatment is no longer feasible without disturbing the further expiry of the schedule and/or waiting times would arise for subsequent customers during the full use, Beauty Privé by Dr. Denkova reserves the right to charge the appointment with full price, but to shorten accordingly, so that the following customers can be treated and served to their full satisfaction.
• We can also cancel treatments within 24 hours before the start of treatment without giving reasons. We will only carry out a short-term cancellation if unforeseeable and essential reasons prevent us from carrying out the treatment. In any case, we will inform customers who have booked the treatment of the cancellation and will not charge any fee/credit for the cancelled accommodation.

Conclusion

• The cosmetic services offered on our website as well as the presentation of our products at our place of business are not an offer in the legal sense. The offer is made exclusively by the customer as described in point 3.3.
• The customer’s offer is made on site by handing over the goods to the cashier and paying for them. We accept such an offer by accepting the purchase price and handing over the goods.
• On our website, the customer’s offer is made by selecting the cosmetic service. The customer’s offer becomes binding for him by clicking on the “Confirm Appointment” button. Please note that after receipt of the booking, we will send you a separate confirmation of receipt of your booked cosmetic service. Such confirmation is acceptance of the offer.
• We are entitled to refuse bookings of cosmetic services without giving reasons. If you do not receive a message despite having entered your valid e-mail address, please contact us at [email protected].

Registration on the website, website access

Before making the first booking, the customer must register on the website.

• By submitting the registration form, the customer confirms the correctness of his information, in particular his name and telephone number.
• As a new user, you can log in by entering your e-mail address and entering a password. Now please click on “Sign up”.
• The customer is responsible for maintaining the confidentiality of the password. We can only verify that a password matches a customer authorization. We are not subject to any further obligation to check. Any person who logs in with a customer authorization released on the website and the corresponding password is deemed to be authorized to legally submit bookings for the registered customer. We recommend changing the password regularly.
• Beauty Privé by Dr. Denkova is not liable for the uninterrupted functioning of the website. We are entitled at any time, even without notice, to carry out work on the website that entails a shutdown/interruption. We are also not obliged to provide a certain server capacity, so overloads and longer response times must be expected.

Prices and terms of payment

• All prices for the cosmetic services or products are based on the current price lists, which are available for inspection at the registered office on our premises or can be accessed via our website. In case of doubt, the prices on our website apply.
• New price lists automatically replace all previous ones and are valid from their announcement in store or on our website.
• The indicated prices (cosmetic treatments and products) include VAT.
• Payments will be made in cash upon completion of the treatment or sale of the product. Beauty Privé by Dr. Denkova accepts all of the following payment methods accepted by treatwell (currently). Furthermore, Beauty Privé by Dr. Denkova accepts cash payments on site or by means of one of the cards accepted by us at our local terminal: Mastercard, Visa, Visa Electron, Maestro, Debit Mastercard, V Paz, Diners Club, Discover.

Promotions and vouchers

• Current or other promotions do not have to be designated as such by Beauty Privé by Dr. Denkova.
• Offers are only valid within the specified period and must be taken advantage of during this period.
• Gift vouchers are non-transferable. Vouchers are price-bound for one year after the date of issue. Subsequently, there may be a price adjustment.
• Purchased packages cannot be transferred. If a package (e.g. 6 laser treatments) is purchased and the 6 laser treatments are not fully used because part of this service is not necessary, the customer can have the remaining amount credited to this share for other treatments. A payment of the unused partial amount is excluded.
• The cash redemption of gift or promotional vouchers is not possible.

Advice and obligations of the customer

All consultations and cosmetic services do not replace a doctor.

The customer is obliged to inform Beauty Privé by Dr. Denkova before starting treatment about existing clinical pictures (e.g. diabetes, allergies, etc.) that could stand in the way of treatment. If the customer expresses false and/or incorrect information about his physical condition or previous stress, Beauty Privé by Dr. Denkova is not liable. The correctness of the customer’s information is absolutely decisive for a successful treatment. Details can be found in our information sheets for the specific treatments.

Treatment exclusion

Beauty Privé by Dr. Denkova reserves the right to refuse to carry out treatments if health or hygienic reasons preclude this.

The customer undertakes to behave appropriately during the visit to the studio. If the customer continues to behave inappropriately even after a warning, Beauty Privé by Dr. Denkova has the right to expel the customer from the studio.

Right of withdrawal for cosmetic services booked online, instruction and consequences of revocation

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Beauty Privé by Dr. Denkova, Wollzeile 24/15, 1010 Vienna; E-mail: [email protected]) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form (Annex ./1), but this is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the date on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. End of the cancellation policy

End of the cancellation policy

The right of revocation expires in the case of a contract for the provision of services even if we have provided the service in full and have only begun to perform the service after you have given your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal in the event of complete fulfilment of the contract by us.

Warranty

Cosmetic services

Products or procedures corresponding to the needs of the respective skin type are used. However, a guarantee regarding compatibility and success can not be given. This applies in particular if questions in the preliminary discussion were not answered sufficiently or truthfully by the customer. For the obligations of the customer, see also point 7.

Claims of the customer due to defective execution of the cosmetic treatment can only be asserted within 72 hours after completion of the cosmetic service and are limited to subsequent performance, whereby Beauty Privé by Dr. Denkova can optionally provide the supplementary performance by rectification. After this period, no claim for defects can be asserted.

The right to supplementary performance expires if another institute or the customer himself has made changes to the treatment.

Products

In the event of defects in the goods, the statutory warranty provisions (§8 KSchG) shall apply. There is no case of warranty for damage caused by improper use or treatment of the product.

Liability of Beauty Privé by Dr. Denkova

• Beauty Privé by Dr. Denkova is liable within the scope of the contract only for damages of the customer, which Beauty Privé by Dr. Denkova or its legal representatives or vicarious agents have caused intentionally or through gross negligence.
• From injury to life, limb or health resulting from a breach of duty by Beauty Privé by Dr. Denkova or one of its legal representatives or vicarious agents.
• In cases of liability under the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation and which have arisen as a result of the breach of an obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely.
• Beauty Privé by Dr. Denkova is liable in cases 11.1 (i), (ii), and (iii) unlimited in amount. In all other respects, the claim for damages is limited to the foreseeable, contract-typical damage.
• In cases other than those mentioned in point 11.1 and without prejudice to the following paragraph, the liability of Beauty Privé by Dr. Denkova – regardless of the legal basis – is excluded.

Privacy

Further information on the handling of personal data can be found in our privacy policy.

Applicable law, place of jurisdiction

These terms and conditions and the business relationship between you and Beauty Privé, including any questions about the valid conclusion of a contractual relationship and including any disputes, are subject to the laws of the Republic of Austria to the exclusion of international private law and conflict of law rules. This choice of law does not deprive the customer of the protection afforded to him by those provisions from which the law of the state in which he has his habitual residence may not deviate by agreement.

If the law applicable to your place of residence does not allow the agreement of a foreign place of jurisdiction for civil proceedings against you, this court competent for your domicile shall have jurisdiction for any disputes, in all other cases the court competent for Vienna in commercial matters, for consumers domiciled in Austria the court of domicile competent for them.

Other

There are no verbal or written ancillary agreements.

Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions.

Contact details

Beauty Privé by Dr. Denkova OOD Vienna Branch
Wollzeile 24/15
1010 Vienna
E-mail: [email protected]
Phone number: 019974015

Withdrawal Form

If you want to cancel the contract, please fill out this form and send it back to:

Beauty Privé by Dr. Denkova OOD Branch
Wollzeile 24
1010 Vienna
[email protected]