Terms and
Conditions
for https://vesnajugovic.com
1. Scope
1.1 These Terms and Conditions govern the use of the website https://vesnajugovic.com (hereinafter the “Website”) and provide information about the services of the Website.
1.2 PhiBrows GmbH (hereinafter “PhiBrows”, “we” or “us”) is the operator of the Website. Users of the Website (hereinafter „Users“ or “you”) have the opportunity to book cosmetic treatments (hereinafter “Appointments”) and register for and attend cosmetic online or live courses and lessons in the field of cosmetics and beauty (hereinafter “Courses”).
1.3 You can use the Website according to the rules set out in these Terms and Conditions of use (”Terms”). Please read these Terms carefully and contact us if you have any questions. By accessing or using the Website, you agree to be bound by these Terms. Terms deviating from these Terms shall only apply if confirmed by us in writing.
2. Services of the Website
2.1 By registration for a Course or whenever you book an Appointment, you must provide us with accurate and complete information. In particular, the experience level must be indicated correctly, otherwise we cannot provide our services properly. To book an Appointment, you must be at least 16 years old. If you are younger than 18 years old, your parent or legal guardian must accompany you to the Appointment (and approve the treatment in writing). To register for a Course, you must be older than 18 years.
2.2 If you are an entrepreneur (Section 1 of the Austrian Commercial Code (UGB)): The application of any provisions of the Austrian E-Commerce Act (ECG) shall not apply unless said provisions are mandatory law. In particular, the information obligations pursuant to Art 9 (1) and (2) ECG shall not apply.
3. Offer and acceptance
3.1 The prices, price offers and descriptions provided on the Website do not constitute a binding offer and may be withdrawn or amended by us, at any time prior to the express acceptance of your offer.
3.2 Any and all offers made by you to purchase our services or products, shall require our subsequent acceptance. We are not obliged to accept your offer. A contract shall be concluded solely with our express acceptance of your offer.
3.3 Exemption: Point 3.1. and point 3.2. shall not apply if you book an Appointment. In such cases a contract shall be concluded immediately with successful completion of the check-out process through clicking the “Purchase now” button.
4. Prices and payment terms
4.1 The price of each individual service is as stated, and unless otherwise and individually agreed upon in detail, the following provisions shall apply:
4.2 Prices are applicable in the provided currency, excluding turnover or value added tax. Unless otherwise agreed, the prices for goods do not including shipping and transport costs. Shipping and transport costs are stated separately. In the event that the conclusion or performance of a contract gives rise to taxes, bank charges, fees, customs or levies, these shall be borne by you.
5. Booking of an Appointment
5.1 After booking an Appointment, you will receive a confirmation e-mail with all the necessary data concerning the Appointment. When booking an Appointment, a down payment of 25% must be effected. A cancellation of an Appointment is possible free of charge until 48 hours before the Appointment. In such case, for refunding your down payment, we will use the same means of payment that you used for the original transaction. After that date or in case of no-show at the Appointment, the down payment will not be refunded. The right of a consumer to withdraw from the contract (Section 9) remains unaffected.
5.2 Until 48 hours before the Appointment, you must inform us if you have the following medical issues, skin conditions or allergies (e.g.; via telephone (+43 1 375 1618 500):
• Existing permanent make-up (PMU) or microblading
• Frequent medication
• Skin problems
• Autoimmune diseases
• Currently pregnant or breastfeeding
5.3 If we cannot provide the cosmetic treatment because of the missing medical information or you failed to contact us in the above given time frame, the down payment will not be refunded.
6. Registration for a Course
6.1 After registering for a Course, you will receive a confirmation e-mail with all the necessary data concerning the Course. If you register for a live Course, a down payment of EUR 665,– excl. VAT must be effected. A cancellation of a Course is possible free of charge until 2 weeks before the Course. For this refund, we will use the same means of payment that you used for the original transaction. After that date or in case of no-show at the Course, the down payment will not be refunded. The right of a consumer to withdraw from the contract (Section 9) remains unaffected.
6.2 If you register for an online Course, the full payment is due immediately. With the exception of the right of withdrawal for consumers (see section 9), there is no cancellation possible.
6.3 When you register for a Course, you will receive a Product Kit. This Product Kit is considered a “Product” for the purposes of these Terms.
6.4 All logins and participation links for these Courses are individualized and may only be used by you personally. You must keep your login and password secret and protect it against unauthorized access by third parties. In the event of any suspicion of misuse by a third party, you shall promptly notify us thereof. As soon as we learn of such unauthorized use, we may block access by the unauthorized User.
7. Delivery and transfer of risk
7.1 Goods are shipped Carriage Insurance Paid (CIP, Incoterms 2020) to the place of destination as designated by you. The territories which we deliver our products are stated on the Website and may vary depending on the products ordered. You shall bear the shipping costs.
7.2 We seek to adhere to the delivery periods and delivery dates as stated. However, delivery dates and periods are deemed estimates and therefore nonbinding. We expressly reserve the right to make partial deliveries. You may only rescind the contract on the grounds of a delayed delivery after setting a reasonable grace period of no less than a two-week period. Rescission shall be communicated in writing. The right to rescission shall only concern those products/services the delivery of which is delayed.
7.3 In the event of accidental loss or damage to the product, you shall be obliged to inform us thereof, in writing, within 10 days from the date of receipt of the damaged product or from receipt of notification regarding the accidental loss whilst adhering to the regulations and processes pertaining to claim notification and adjustment. Further legal obligations shall remain unaffected.
8. Force Majeure
8.1 Both parties will not be liable for any default or delay in the performance of their respective non-monetary obligations, to the extent that such default or delay is caused, directly or indirectly, by fire, flood, earthquake, explosions, elements of nature, other catastrophes, acts or regulations of government bodies, nuclear, chemical or biological contamination not caused by such party, court orders arising out of circumstances other than a breach of this Terms and any concluded agreement between the parties by the affected Party, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts or labor difficulties, epidemics or by any other event or circumstance that is beyond the reasonable control of you or us, whichever is the Party unable to perform (the Nonperforming Party). Such event or circumstance giving rise to the default or delay is a Force Majeure Event.
8.2 The parties acknowledge and agree that COVID-19 is such Force Majeure Event, and it is not possible to foresee its duration, impact or extent (including measures and recommendations that may be put in place by regulators). As such, where our obligations are not performed, affected, and/or delayed and that is attributable to COVID-19, notwithstanding any other provision in the Terms, we will not be responsible for such delay, non-performance or failure. We will both act reasonable, discuss the affected obligations, potential work arounds and related issues in good faith and will document any agreed changes to the Terms and any concluded agreements.
8.3 The Nonperforming Party will be excused from any further performance of the obligations affected by such Force Majeure Event for as long as such Force Majeure Event continues, and the Nonperforming Party continues to use commercially reasonable efforts to recommence performance.
9. Consumer: Right to withdraw from the contract
9.1 When you book an Appointment or register for a Course on the Website, we conclude a contract. If you are a consumer (Section 1 of the Austrian Consumer Protection Act “KSchG”), you have the right to withdraw from this contract without stating any reason (according to the provisions of the Austrian Fern- und Auswärtsgeschäftegesetz “FAGG”). The revocation period is 14 days from the day on which you booked an Appointment or registered for a Course.
9.2 If your booked Appointment or Course is scheduled to take place within the 14-day withdrawal period, we will only start providing services if you have expressly requested us to do so. Such a request can be indicated during the booking process. We hereby inform you that you lose your right to withdraw from the contract, as soon as the contract is fulfilled from our side. If you withdraw after the beginning of the Appointment or Course, but before its completion, a pro rata fee has to be paid.
9.3 Exceptions to the right of withdrawal: Contracts for products which are delivered sealed and are not suitable for return for reasons of health protection or hygiene (including Product Kits), you can only revoke as long as you have not removed the seal after delivery. After removal of the seal, withdrawal from the contract is excluded, especially as we cannot exclude the possibility that the goods no longer meet the quality requirements.
9.4 In order to exercise your right of withdrawal, you must inform us by means of a clear statement (e.g. by letter or e-mail to the e-mail address contact@phibrows.at or the postal address Gartengasse 8/8, 1050 Vienna, Austria) that you wish to withdraw from the contract. You can use the attached model withdrawal form, which is not mandatory. In order to comply with the withdrawal period, it is sufficient to send the withdrawal notification before the end of the revocation period.
9.5 If you withdraw from the contract (booking or registration), we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal of the contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. You shall bear the direct costs of returning the product.
9.6 We may refuse to make any refund until we have received the product or until you have provided proof that you have returned the product, whichever is earlier.
9.7 You must return or hand over the product to us immediately and in any event no later than 14 days from the date on which you notify us of the withdrawal from the contract. This period shall be deemed to have been observed if you dispatch the product before the expiry of the fourteen-day period.
9.8 You shall only be liable for any loss in value of the product if this loss in value is due to handling of the goods that is not necessary for the purpose of checking their condition, properties and functionality.
10. Obligation to inspect and complain
10.1 You are obliged to inspect the product and ensure that it is in faultless condition, conform to the description and is complete. You may only assert claims for a defective product or incomplete delivery in the following cases: if you send us a written and specific complaint for the defect/s or incomplete delivery without delay, and in any event no later than 4 days from the receipt of the product. A consumer’s statutory warranty rights shall not be limited in any way.
11. Termination
11.1 We have the right to add or remove features or functionalities and may also suspend or stop the service of the Website altogether. We may take any of these actions at any time and are not obliged to notify you beforehand.
12. Disclaimers
The function and all content of the Website, including its availability, is provided on an “as is” basis without warranty of any kind, whether express or implied.
13. Liability
13.1 We shall bear unlimited liability for intentional acts or personal injury. In case of negligence, our liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. The parties will not be liable for damages caused by slight negligence. Insofar as permitted by mandatory law, we shall in no case be liable for indirect or consequential damages, lost profits, business, value, revenue, goodwill, or anticipated savings.
13.2 The above limitations on liability shall apply mutatis mutandis in favor of our vicarious agents, as well.
13.3 Our liability does not extend to any impairments of the use of the goods delivered by us in line with the contract which result from our improper or incorrect utilization.
13.4 To the extent that there is any possibility that you may be redirected to databases, websites, services etc. of third parties via the Website, e.g. as a result of the inclusion of links or hyperlinks, we shall not be liable either for the accessibility, existence or security of such databases or services or for the contents thereof. In particular, we shall bear no liability for the legal propriety, substantive correctness, completeness, timeliness, etc. thereof.
13.5 Based on the current state of art, data communication via Internet cannot be guaranteed to be error-free and/or available at all times. We are not liable for the constant and uninterrupted availability of our Website.
14. Warranty
14.1 In the event our products are defective or faulty, you shall be entitled to rights under statutory warranty: A product is deemed defective if it does not have the customarily expected properties or agreed quality or if said product infringes industrial property rights, copyrights or other third-party rights. You shall furnish proof of such defects/faults. Art 924, second sentence, and Art 933b of the Austrian Civil Code (ABGB) are not applicable in relation to an entrepreneur (Section 1 Austrian Commercial Code “UGB”).
In the event of a warranty case, we shall be entitled to choose the method of fulfilling our warranty obligation (removal of defect, exchange or price reduction) at our discretion.
You agree that we may use one of our contractual partners in Austria or abroad in the performance of our warranty obligations.
14.2 Warranty rights of entrepreneurs (Section 1 Austrian Commercial Code “UGB”) shall become statute-barred within 12 months from the moment of handover/delivery of the product(s) or service.
14.3 The rights stated in this Section 14 shall not apply in the following cases:
- If, and to the extent that the products were repaired or changed by other persons than by us or authorized dealers;
- If, and to the extent that the defects are wholly or partly due to false handling, operating errors, accident, improper use, inappropriate storage, maintenance or installation or non-adherence to advice or instructions provided by us and pertaining to the delivered product(s).
14.4 Please note that according to the state of the art (i.e. product(s)), the possible fault of a product cannot be excluded under any and all conditions of use. Therefore, we do not assume any warranty, for neither the use of the product, free from interruption and/or errors, nor for the correction of all errors and faults.
14.5 There is no warranty for replacement parts and accessories (such as machine handpieces, foot pedals, power supply units, batteries).
15. Confidentiality and data protection
15.1 If you register for a Course, you undertake to keep any confidential information disclosed to you strictly confidential. Confidential information includes all statements, insights, data and documents that are expressly designated as confidential by me, as well as business and trade secrets and confidential information of third parties. In case of doubt, the confidentiality of information is to be assumed. In particular, you are not allowed to share Course and training documents (even if not explicitly declared to be confidential) with third parties. Such obligation to confidentiality shall extend beyond the duration of the respective Course for an unlimited period of time.
15.2 We shall process your personal data solely to the extent permitted by law and shall safeguard it from unauthorized access. The terms of our Privacy Policy apply.
15.3 Please note, that whenever you use the chat tool or the contact form, you may be submitting special categories of Data (= personal data which reveals a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health condition, sex life or sexual orientation). We do not want to process this kind of data and ask you, if possible, to not share such information.
16. Final Provision
16.1 Unless otherwise stated in these Terms, any and all notices and other communication concerning these contractual relations may be served by post (sufficient postage prepaid) or e-mail at the address stated in Section 17.1 and the address you most recently communicated with us, in writing.
16.2 For as long as the contractual legal transaction has not been fully performed by both parties, you shall be obliged to communicate to us any changes of your address. Should you fail to communicate a change of address, any notifications shall be deemed delivered if they have been sent to the address most recently communicated.
16.3 The transfer of rights and obligations from the concluded contractual relationship requires our prior written consent.
16.4 These Terms and all individual agreements concluded in their execution are governed by Austrian law, excluding its conflict of law rules and the UN Convention on the International Sale of Goods. Notwithstanding the forgoing a consumer shall also enjoy the protection of the mandatory provisions of the law which would be applicable in the absence of this clause.
16.5 In the event of any dispute arising from this Agreement or a contract concluded in its execution – including disputes about its existence or non-existence – the courts with subject-matter jurisdiction at the registered seat of PhiBrows in Vienna shall be the exclusive forum (except for consumers, in which case the mandatory place of forum shall apply). Place of fulfilment is Vienna.
16.6 Notwithstanding the foregoing choice of forum, we shall have the right to file any suit or seek interim relief before the courts having local and factual jurisdiction over the User.
16.7 If a provision or parts of a provision in these Terms is or becomes ineffective under applicable legislation, this will not affect effectiveness and validity of the remaining provisions. In the event of the invalidation of a provision of these Terms, it shall be deemed to be replaced by a provision, which, in terms of content, is as close as possible to the ineffective one.
17. Who am I and how can you contact me?
17.1 We are the PhiBrows GmbH. (FN 552159 z), and our official address is Gartengasse 8/8, 1050 Vienna. You can contact us via mail or e-mail to the following address: contact@phibrows.at.
Revocation form
(If you want to revoke the contract, please fill out this form and send it to me)
To:
PhiBrows GmbH
Gartengasse 8/8
1050 Vienna
Austria
– I (*) / we (*) hereby revoke the contract concluded by me (*) / us (*) for the provision of the following service:
– Ordered on (*) / received on (*):
– Name of the consumer(s):
– Address of the consumer(s):
– Signature of the consumer (only in case of communication on paper):
– Date
___________
(*) Delete if not applicable.