Imprint & terms

Imprint

Terms and Conditions

§ 1 Scope

(1) These Terms and Conditions (the “Terms”) apply to all cosmetic treatments and services of Vitalite Kosmo e.U. (the “institute”) at Führichgasse 12, 1010 Vienna, and to the sale of products at the institute and through the website v-esthetics.at.

(2) A consumer within the meaning of these Terms is any natural person who enters into the transaction for purposes that cannot be attributed to their professional or commercial activity (§ 1 KSchG).

(3) Terms of the customer that differ from these Terms apply only if the institute has expressly agreed to them in writing.

§ 2 Conclusion of contract

(1) Treatment appointments: appointments can be made in person, by phone, by e-mail, by text message, by WhatsApp or through the online booking. The contract comes into effect when the institute confirms the appointment. Booked appointments are recorded in the appointment calendar; on request the customer receives a written confirmation.

(2) Purchase of products: by completing the order process and submitting the order, the customer makes a binding offer. The contract comes into effect with the order confirmation or with the delivery of the goods.

(3) Offers, price information and promotions on the website are subject to change and are not binding; changes and errors excepted.

§ 3 Appointments, cancellations and cancellation terms

(1) Appointments can be cancelled or rescheduled free of charge up to 48 hours before the agreed appointment (by phone, by e-mail, by text message, by WhatsApp or online via the booking system). The institute is closed on Sundays and public holidays; on those days messages are neither read nor processed. Cancellations and changes must therefore be made so that they reach the institute on an opening day (Monday to Saturday), within opening hours and within the deadline. Messages that arrive after closing time, on Sundays or on public holidays count as having arrived on the next opening day at the start of business; that point in time is decisive for the periods under paragraphs 1 to 3. Customers are expressly informed of this rule when they book.

(2) If an appointment is cancelled or rescheduled within 48 hours before the appointment, 50% of the treatment price is charged.

(3) If an appointment is cancelled within 24 hours before the appointment, or if the customer does not show up without cancelling, 100% of the treatment price is charged.

(4) If the customer arrives late, the treatment time can be shortened accordingly; the full treatment price remains due even for a shortened treatment. If the customer is more than 15 minutes late, the appointment can count as missed (paragraph 3).

(5) For treatments paid in advance (vouchers, blocks, beauty subscription), the appointment counts as used if paragraph 2 or 3 is breached; the treatment concerned is deducted from the credit, and no further fee is charged. Customers are informed of these cancellation terms when they book.

(6) If the institute has to cancel an appointment for an important reason (for example illness of staff, a technical defect of the treatment device, force majeure), the customer is first offered a replacement appointment. In this case, payments already made are credited towards the replacement appointment; the customer has no further claims.

§ 4 Treatments, medical history and duties to cooperate

(1) The treatments offered are cosmetic applications and serve beauty care. They are not medical treatments and do not replace medical advice, diagnosis or therapy.

(2) Before the treatment starts, the customer must give complete and truthful information about health circumstances that can affect suitability for the treatment, in particular: pregnancy and breastfeeding, diabetes, use of blood-thinning or photosensitising medication, skin diseases, epilepsy, allergies and intolerances, and tattoos or permanent make-up in the treatment area.

(3) Before the first laser treatment the customer fills in a medical history form and confirms in writing that the course, the effect and possible reactions of the treatment have been explained.

(4) The customer undertakes to follow the before and after care instructions of the institute (in particular no intensive sun exposure and no solarium before and after the laser treatment, and the recommended preparation of the treatment area).

(5) No promise of success: the result of cosmetic treatments, in particular of permanent hair removal, depends on individual factors (among them hair and skin type, hormone status, medication). No particular treatment result is guaranteed; what is owed is the professional performance of the treatment.

(6) Exclusion from treatment: the institute can refuse or stop a treatment for health or hygiene reasons. In case of inappropriate behaviour the customer can be excluded from the treatment and banned from the premises. Services already provided have to be paid for in that case.

(7) The institute can use qualified employees or carefully selected third parties to provide the services, acting in its name and for its account.

§ 5 Minors

Customers under 18 years of age need the written consent of a legal guardian for treatments.

§ 6 Prices and payment terms

(1) All prices for treatments and products are gross prices including statutory value added tax.

(2) Treatments are to be paid at the institute immediately after the treatment, unless agreed otherwise.

(3) When products are shipped, the shipping costs shown in the shop apply in addition, unless free delivery is stated.

(4) The prices shown at the time of the booking or of the order apply.

(5) The institute is entitled to ask for a reasonable deposit for certain treatments (in particular extensive treatments or treatments lasting several hours) and for first bookings. The deposit is credited towards the treatment price; in case of a cancellation it is credited towards any cancellation fee under § 3.

(6) Late payment: fees under § 3 and any other outstanding amounts are due within 7 days of the payment request. In case of late payment, the institute is entitled to charge default interest at the statutory rate (§ 1000 ABGB) and a reminder fee of EUR 5 for each reminder. If payment is still not made after a reminder, the institute can hand the claim over to a collection agency (for example Kreditschutzverband von 1870); the customer bears the resulting costs that are necessary for appropriate collection, insofar as they are in reasonable proportion to the claim (§ 1333(2) ABGB).

§ 7 Promotions, vouchers and treatment packages (blocks)

(1) Promotions apply only within the stated period and cannot be combined with other promotions or discounts. This expressly also applies to the welcome special for new clients (−10% on the first treatment): it cannot be combined with first-treatment offers (for example −25% or −30% on the first laser treatment), promotional prices, treatment packages (blocks), voucher promotions or membership benefits – not even at the first visit. If several benefits apply at the same time, only the benefit that is more favourable for the customer applies. Promotional vouchers and discounts are deducted from the regular list price and, unless stated otherwise, can be redeemed only once per person.

(2) Vouchers are valid for 5 years from the date of issue and are transferable. Value vouchers can also be redeemed in part; any remaining credit stays on the voucher until the end of its validity. Payment in cash, including of remaining credit, is excluded. If a voucher is lost, stolen or damaged, no replacement is provided; damaged, incomplete or forged vouchers are not accepted.

(3) Treatment packages (blocks) have to be paid in full when they are bought in advance. They are personal, non-transferable and non-refundable. Blocks are valid for 12 months from the date of purchase; treatments that have not been used expire at the end of the validity period.

(4) In case of pregnancy or a proven medical contraindication, the validity of a block can be suspended on request and extended accordingly.

§ 8 Beauty subscription

(1) The beauty subscription is concluded for a contract term of 12 months. It can be terminated for the first time after 6 months with one month’s notice to the end of a month. Notice of termination must be given in writing (e-mail is sufficient).

(2) The treatments included in the subscription must be used within the month concerned. Treatments that are not used cannot be carried over to another month and are not refunded.

(3) In case of pregnancy or a proven medical contraindication, the subscription can be suspended on request for the duration of the impediment; the contract term is extended accordingly.

(4) The subscription is personal and non-transferable.

§ 9 Delivery and retention of title (purchase of products)

(1) Delivery terms, delivery periods and shipping costs follow from the information in the shop or in the product description.

(2) Towards consumers, the risk of loss of or damage to the goods passes only when the goods are handed over to the consumer.

(3) Delivered goods remain the property of Vitalite Kosmo e.U. until they have been paid for in full.

(4) Returns have to be sent with sufficient postage and packed safely for transport to the following address: Vitalite Kosmo e.U., Führichgasse 12, 1010 Vienna.

§ 10 Right of withdrawal for consumers (FAGG)

(1) Purchase of goods: consumers can withdraw from a purchase contract concluded at a distance (for example through the website) within 14 days of receiving the goods, without giving reasons. Sending the declaration of withdrawal in time is enough to meet the deadline (for example by e-mail or with the model withdrawal form below).

(2) The right of withdrawal lapses for sealed goods that are not suitable for return for reasons of hygiene or health protection, if the seal has been removed after delivery (§ 18 paragraph 1 no. 5 FAGG).

(3) In case of a withdrawal, the institute refunds all payments received, including standard delivery costs, within 14 days of receiving the declaration of withdrawal. The customer bears the direct cost of returning the goods. The refund can be withheld until the goods have been received back, or until the customer has proven that they have been sent.

(4) Services: for treatment contracts concluded exclusively at a distance (for example by phone, by WhatsApp or online), consumers also have a 14 day right of withdrawal from the conclusion of the contract. If the customer wants a treatment appointment within this period, they expressly ask for early performance of the contract. Once the treatment has been performed in full, the right of withdrawal lapses; if it has been performed in part, the proportionate amount has to be paid. The cancellation terms under § 3 remain unaffected.

§ 11 Warranty and complaints

(1) Treatments: complaints about a treatment have to be reported to the institute within 5 days of the treatment. Justified claims for defects are limited in the first instance to remedy (a free follow-up treatment). The claim lapses if the customer or third parties make unauthorised changes or carry out follow-up treatments.

(2) Products: the statutory warranty law applies to the purchase of goods.

§ 12 Liability

(1) The institute is liable without limitation for damage resulting from injury to life, body or health, and for damage based on intent or gross negligence.

(2) Liability for other damage caused by slight negligence is excluded.

(3) The institute is not liable for damage that results from the customer concealing or wrongly stating health circumstances relevant to the treatment (§ 4 paragraph 2), or from the customer not following the before and after care instructions.

(4) No liability is accepted for items, clothing and valuables brought along.

(5) No liability is accepted for the constant and uninterrupted availability of the website.

§ 13 Data protection

Personal data is processed exclusively in accordance with the GDPR and the Austrian Data Protection Act. Details on the type, the scope and the purpose of the data processing and on the rights of data subjects can be found in the privacy policy. Health data is processed only with the express consent of the customer (medical history form).

§ 14 Changes to prices and to these Terms

(1) Price changes apply only to future bookings and orders; appointments already confirmed and contracts already concluded remain unaffected.

(2) Changes to these Terms are communicated in writing to customers with running contracts (for example a beauty subscription) at least one month before they take effect. In that case the customer can terminate the contract before the change takes effect.

§ 15 Complaints

Please address complaints to: Vitalite Kosmo e.U., Führichgasse 12, 1010 Vienna, e-mail: contact@vitalitekosmo.com. We do our best to resolve complaints quickly and amicably.

§ 16 Final provisions

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers whose habitual residence is in another country, the mandatory consumer protection provisions of that country remain unaffected.

(2) For contracts with entrepreneurs, the competent court in Vienna is agreed. For consumers the statutory place of jurisdiction applies (§ 14 KSchG).

(3) Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.

Model withdrawal form

(If you want to withdraw from the contract, please fill in this form and send it back.)

To: Vitalite Kosmo e.U., Führichgasse 12, 1010 Vienna, e-mail: contact@vitalitekosmo.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):

Ordered on (*) / received on (*): ________________

Name of consumer(s): ________________

Address of consumer(s): ________________

Signature (only if this form is sent on paper): ________________

Date: ________________

(*) Delete as appropriate.

Which version applies

This English text is a translation for your convenience. Our imprint and terms and conditions are published in German and the German version is the legally binding one: Impressum & AGB. In the event of a dispute, or of any difference in meaning between the two versions, the German text applies.