General Terms and Conditions

1. Scope and contractual partner

These General Terms and Conditions (“GTC”) regulate the contractual relationship between UNEW Beauty Couture AG, trading under the LuXme Beauty Club brand (“LuXme”), and its private customers in connection with treatments, appointment reservations, vouchers and other services of LuXme Beauty Club.

The contractual partner is UNEW Beauty Couture AG.

These General Terms and Conditions apply exclusively to services provided by LuXme Beauty Club to private end customers. They do not apply to training, commercial, sales or other business relationships of UNEW Beauty Couture AG outside of LuXme Beauty Club.

Individual agreements between LuXme and the customer take precedence over these General Terms and Conditions to the extent that they deviate from them.

2. Benefits

LuXme provides cosmetic and aesthetic treatments and services in accordance with the agreed scope of services.

The type and scope of the service owed are determined by the agreed treatment and the agreements made in connection with the appointment confirmation.

Unless expressly agreed otherwise, LuXme determines the products, materials, devices, methods and treatment steps used to properly carry out a treatment according to professional criteria.

Information, descriptions, images and treatment examples on the website or in other information and communication media describe the respective service offering. They do not constitute a guarantee or assurance of a specific individual treatment result unless such has been expressly agreed.

3. Appointment requests and conclusion of contract

Appointment requests can be made via the inquiry and communication channels provided by LuXme.

An appointment request is non-binding and does not constitute an appointment reservation.

A binding appointment reservation is only made once the appointment has been expressly confirmed by LuXme.

Automatically sent confirmations of receipt or notifications of receipt of an appointment request do not constitute appointment confirmation unless the appointment is expressly confirmed therein.

The information confirmed by LuXme is decisive for the content of the appointment reservation.

4. Appointment reservations, changes, cancellations and no-shows

Appointment reservations represent orders in the sense of Art. 394 et seq. of the Swiss Code of Obligations (CO). With the appointment confirmation, the LuXme Beauty Club reserves the agreed treatment time exclusively for the customer. At the same time, the customer undertakes to keep the agreed appointment or to rebook or cancel it at least 24 hours before the agreed appointment.

Appointment changes or cancellations less than 24 hours before the agreed appointment as well as failure to appear at the agreed appointment entitle LuXme to charge 100% of the agreed treatment price.

The time at which LuXme receives the appointment change or cancellation is decisive for compliance with the 24-hour deadline.

5. Prices and Payment

The price published on the LuXme website at the time the appointment is confirmed applies to the agreed treatment, unless a different price has been expressly agreed.

Obvious pricing, writing or transmission errors remain reserved. LuXme is not bound to a clearly incorrectly stated price. If such an error is discovered after the appointment has been confirmed, LuXme will inform the customer of the correct price. In this case, the customer can hold on to the appointment at the corrected price or cancel the appointment reservation in question free of charge.

The treatment price is due for payment immediately after completion of the treatment, unless expressly agreed otherwise.

Claims due to short-term appointment changes, cancellations or no-shows in accordance with Section 4 must be paid within the payment period stated on the invoice.

If outstanding claims are due, LuXme is entitled to refuse further appointment reservations or to make their confirmation dependent on an advance payment.

6. Advice and implementation of treatments

If this is necessary due to the type of treatment or individual requirements, professional advice and assessment will be provided by LuXme before the treatment.

The implementation of a treatment requires that, according to LuXme's professional assessment, there are no contraindications or other treatment-relevant circumstances that speak against safe and professional implementation, and that the customer agrees to the treatment.

LuXme is entitled to adapt the intended treatment, the products used, the method or individual treatment steps if this is necessary due to contraindications, individual requirements or for other professional or safety-related reasons.

If it emerges before or during the treatment that there are contraindications or other treatment-relevant circumstances due to which the booked treatment cannot be carried out safely or professionally or in the intended form, there is no right to its implementation or continuation.

If a proposed change leads to a different or more expensive treatment, this will only be carried out with the customer's consent.

7. Information and cooperation obligations of customers

Before the treatment, the customer is obliged to inform LuXme completely and truthfully about all known contraindications and other circumstances that may be relevant to the professional assessment, the safe implementation, the tolerability or the result of the treatment.

To the extent relevant to the respective treatment, this includes, in particular, known allergies and intolerances, illnesses, skin changes, inflammation, injuries, pregnancy, the use of medication, previous or recently carried out cosmetic, aesthetic or medical treatments, as well as products used or other effects on the area to be treated.

Questions from LuXme that serve the purpose of a professional assessment or the safe implementation of a treatment must be answered completely and truthfully.

Changes in treatment-relevant circumstances that have occurred after a previous consultation or treatment must be reported to LuXme before the next treatment.

The customer is obliged to observe the preparation, behavior, care and after-treatment instructions provided by LuXme, insofar as these are relevant to the respective treatment.

8. Minors

Treatments for people under the age of 16 are generally not carried out.

People over the age of 16 and before the age of 18 will only be treated with the consent of their legal representative. LuXme is entitled to request appropriate proof of consent and, if necessary, authorization to represent.

Different or more extensive age and consent requirements may apply to individual treatments due to legal requirements, technical criteria or product-specific requirements.

Even if consent has been given, there is no right to carry out a treatment if there are contraindications or other technical or safety-related reasons against it.

9. Refusal, adjustment and termination of treatments

LuXme is entitled to refuse, adapt or terminate a treatment if, in LuXme's opinion, its safe or professional implementation is not or can no longer be guaranteed.

This applies in particular to contraindications, changes relevant to treatment, insufficient or contradictory information, unexpected reactions during treatment and other technical, hygienic or safety-related reasons.

LuXme is also entitled to refuse or terminate a treatment if the customer's behavior impairs or prevents the safe, professional or reasonable implementation of the treatment.

If a treatment that has already begun is terminated, LuXme reserves the right to compensation for the services provided up to the termination as well as to further contractual and legal claims.

If the rejection or termination is based on circumstances that were caused by the customer or are within their area of ​​responsibility, in particular due to incomplete or incorrect information, failure to follow instructions relevant to the treatment or behavior that prevents the treatment from being carried out, LuXme reserves the right to further contractual and legal claims.

10. Treatment results and durability

Cosmetic and aesthetic treatment results are individual and can vary from person to person. LuXme carries out the agreed treatment professionally, but does not guarantee a specific individual, subjective or aesthetic result unless such a result has been expressly guaranteed.

Information about the expected effect or durability of a treatment is based on experience and does not represent a guarantee for the individual case.

The treatment result and its durability can be influenced in particular by individual physical conditions, the condition of skin, hair, eyelashes or nails, previous treatments, metabolism, lifestyle, care, external influences and compliance with the preparation, care and post-treatment instructions.

Individual reactions, especially allergic reactions, intolerances or skin reactions, can occur even if the treatment is carried out professionally and the products used are used correctly. The occurrence of such a reaction does not in itself constitute treatment error.

Subjective dissatisfaction with a professionally achieved treatment result does not in itself justify a claim to a refund of the treatment price, free repetition or free follow-up treatment.

11. Complaints and follow-up treatment

Complaints in connection with a treatment must be reported to LuXme as soon as possible after they have been discovered.

The customer must give LuXme the opportunity to professionally assess the complained about condition. LuXme is entitled to request the information necessary for the assessment and, if objectively necessary, suitable images of the affected area.

Before any correction, follow-up treatment or other change to the complained condition by third parties, LuXme must generally be given the opportunity to make its own assessment and, if appropriate, to undergo follow-up treatment.

A complaint does not automatically give rise to a claim for a refund, free repetition or free follow-up treatment. If there is inadequate treatment for which LuXme is responsible and follow-up treatment is technically possible and reasonable, LuXme must first be given the opportunity to appropriately correct the complained condition.

Costs for treatments or corrections carried out by third parties without prior consultation with LuXme will not be covered by LuXme.

12. Vouchers, promotions and discounts

Vouchers issued by LuXme can be redeemed within the applicable statutory limitation period.

Vouchers are not transferable and can only be redeemed by the person named on the voucher or registered with LuXme as authorized. LuXme is entitled to request suitable proof of authorization upon redemption.

In the case of vouchers, the stated monetary value will be offset against the price of the selected treatment valid at the time of redemption. If the treatment price exceeds the available voucher value, the difference must be paid by the customer.

If a voucher is issued for a specific treatment and this cannot be carried out due to an existing or subsequently identified contraindication or for other technical or safety-related reasons, the voucher value paid for the treatment remains as credit and can be used for another treatment offered by LuXme. A refund of the voucher value is excluded.

A cash payment or interest on the voucher value as well as a cash payment of any remaining balance are excluded, to the extent permitted by law.

If a voucher is lost, destroyed or otherwise lost, there is only a right to replacement if LuXme can clearly identify the voucher, the remaining credit and the eligibility of the person making the claim.

Promotions, discounts, vouchers and other benefits cannot be combined with one another unless LuXme expressly states otherwise.

Promotions and discounts apply exclusively during the specified period and for the specified services. There is no entitlement to retroactive application to services that have already been agreed or provided.

Special conditions of a promotion or discount take precedence over these general provisions if they deviate from them.

13. Cancellation or postponement by LuXme

LuXme is entitled to cancel or postpone confirmed appointments for operational, personnel, technical, professional or other objective reasons. This applies in particular in the event of illness or absence of employees, technical malfunctions, equipment failures, delivery or material problems, operational disruptions and events beyond the control of LuXme.

LuXme will inform the affected customer as early as possible and can offer an alternative date.

Payments already made for the affected treatment can be credited towards an alternative date. If no alternative appointment is made, payments already made for the treatment not provided will be refunded.

To the extent permitted by law, LuXme is not liable for costs or other disadvantages that the customer incurs as a result of an appointment being canceled or postponed, in particular not for travel, travel, parking, care or accommodation costs, loss of work or lost earnings.

14. Liability

LuXme carries out treatments in accordance with professional standards and using original products, treatment products and devices that are intended for the respective purpose and have been properly marketed in accordance with the applicable regulations.

Even if a treatment is carried out professionally and the products and treatment agents used are used as intended, individual reactions can occur. These include in particular allergic reactions, intolerances, skin reactions and other undesirable individual reactions.

To the extent permitted by law, LuXme assumes no liability for such individual reactions, provided that the treatment was carried out professionally, the products used were used as intended and there was no corresponding contraindication or other recognizable increased risk due to the circumstances known to LuXme or disclosed by the customer.

To the extent permitted by law, LuXme is not liable for product-specific properties, side effects or reactions that occur despite the intended and professional use of an original product that has been properly marketed and that were neither caused by LuXme nor recognizable or avoidable with due care.

Liability of LuXme is excluded, to the extent permitted by law, if and to the extent that damages, undesirable reactions or deviations in the treatment result are based on incomplete, incorrect or concealed information provided by the customer, on non-observance of preparation, behavior, care or follow-up instructions or on other circumstances from the customer's area of ​​responsibility.

To the extent permitted by law, LuXme is not liable for damages, undesirable reactions or changes in the treatment result that are caused or contributed to after the treatment by the customer's own interventions, treatments or interventions by third parties, the use of other products or other subsequent influences.

To the extent permitted by law, LuXme's liability for minor negligence as well as for indirect and consequential damages, in particular lost earnings and other consequential financial losses, is excluded.

Liability for assistants is excluded to the extent permitted by law.

Cases remain reserved in which liability cannot be excluded or limited under mandatory Swiss law.

15. Video surveillance

To protect people and property as well as to prevent and investigate illegal acts, in particular theft and damage to property, the entrance area and publicly accessible customer areas of the LuXme Beauty Club are under video surveillance.

The cameras used are visibly attached. Video surveillance is indicated in the entrance area. Separate treatment rooms and treatment areas that are not open to the public are not under video surveillance.

The recorded image data is not continuously viewed. Inspection will only take place if this is necessary due to a specific incident or to achieve the stated purposes.

The recordings are generally automatically deleted after 72 hours. If there is a legitimate reason for longer retention due to a specific incident, the relevant records can be retained until the necessary clarifications, procedures or the enforcement or defense of related legal claims have been completed.

LuXme may use service providers to provide, operate and maintain the video surveillance system. They can have access to the recordings to the extent necessary to provide their services.

To the extent that this is necessary or permitted to clarify or prosecute an incident, to assert, enforce or defend legal claims or due to legal obligations, relevant records may be passed on in particular to lawyers, insurance companies, responsible authorities and courts.

Further information on the processing of personal data can be found in the LuXme data protection declaration.

16. Changes to the Terms and Conditions

LuXme is entitled to change these terms and conditions at any time. Changes apply to contracts concluded after the changed version comes into force.

For appointment reservations that have already been confirmed, the version of the General Terms and Conditions agreed upon at the time of the appointment confirmation applies.

The current version of the General Terms and Conditions will be published on the LuXme website.

17. Severability provision

If individual provisions of these General Terms and Conditions are or become wholly or partially ineffective or unenforceable, the effectiveness of the remaining provisions remains unaffected.

The applicable statutory provisions shall replace any invalid or unenforceable provision.

18. Applicable Law and Place of Jurisdiction

Swiss law applies to all contractual relationships between UNEW Beauty Couture AG and the customer within the framework of LuXme Beauty Club.

The place of jurisdiction for all disputes arising from or in connection with these contractual relationships is Zug, unless there are mandatory statutory jurisdictions to the contrary.