General Terms and Conditions (GTC)
1 Scope of application
- These General Terms and Conditions (GTC) apply to all contracts, services, deliveries and other performances of Pearl Tattoo Berlin, owner Merle Siefkes, (hereinafter: "Pearl Tattoo"), vis-à-vis its customers and business partners (hereinafter: "customer"). The version of the GTC valid at the time of the conclusion of the contract shall always apply.
- Any provisions deviating from these terms and conditions will not form part of the contract unless such deviating terms and conditions are expressly accepted or confirmed by Pearl Tattoo in writing.
- Legally relevant declarations and notices to be given by the customer to Pearl Tattoo after the conclusion of the contract (e.g. setting of deadlines, notices of defects, declaration of withdrawal or reduction) must be in writing to be effective.
2 Subject matter of the contract
- When an appointment is made to perform a service offered by Pearl Tattoo, our General Terms and Conditions automatically come into force.
- These terms and conditions shall be recognised and apply when the order is placed.
3 Prices treatments
- The offer and price lists and price markings on the products at pearltattoo.de/infos/preise shall apply. These prices are final prices and include VAT in euros.
- Services rendered are immediately due and payable directly at our business premises, unless otherwise agreed.
- Pearl Tattoo may require a deposit for services and training. This is to be transferred at the time of booking or presented in cash. The deposit will be included in the final price. With the deposit, the terms and conditions and guidelines are automatically accepted.
- The deposit paid will not be refunded. Appointments can be postponed up to 48 hours before the agreed time. In the event of repeated postponements, a new deposit may be required.
4 Cooperation and conduct of the client
- Prior to the treatment, the client is obliged to inform us, without being asked, of any relevant illnesses known to him/her, in particular skin diseases or intolerances, allergies (also to synthetic fibres and fragrances), etc., as well as of any existing pregnancy and other circumstances known to him/her that could lead to damage.
- Upon request by Pearl Tattoo, the customer shall truthfully and comprehensively provide information about any illnesses and other circumstances within the meaning of paragraph 1 and any existing pregnancy.
- The customer must observe the care and risk instructions and notes on aftercare provided to him by Pearl Tattoo, in particular only use the approved care products or cosmetics, avoid excessive exposure to sunlight or other improper treatment.
- The customer undertakes to behave appropriately during his visit to Pearl Tattoo. If the customer continues to fail to behave appropriately even after a warning, Pearl Tattoo has the right to expel the customer from the studio and, if necessary, to ban the customer from the studio.
- Agreed dates are binding.
- Appointment wait times are possible up to 30 minutes.
- If an agreed appointment cannot be kept due to illness/accident, this must be documented by a medical certificate/police report. In this case, a new appointment can be made without a new deposit.
- In the event that the Client is late for the agreed appointment, the Client shall inform Pearl Tattoo of this in good time by telephone or WhatsApp.
- In case of no-show, the full amount of the treatment will be charged.
- Pearl Tattoo, its employees and management cannot accept any liability if the customer is harmed as a result of the service based on information provided by the customer which turns out to be insufficient or incorrect. This refers in particular, but not exclusively, to physical conditions, medical or medicinal conditions or activities outside Pearl Tattoo's premises.
- Pearl Tattoo is not responsible for the loss or destruction of any personal property of the customer brought into the premises.
7 Damage and theft
- Pearl Tattoo has the right to claim compensation for all damages caused by the customer.
- Shoplifting is reported to the police.
The statutory limitation periods shall apply.
9 Data protection, trademark protection and images
- The client agrees to disclose to Pearl Tattoo all personal data and information relevant to the professional treatment of the requested service.
- The customer is aware of and consents to the fact that the personal data required to process the contract will be stored and used and saved only for the purpose of the service to be provided. The customer expressly consents to the collection, processing and use of his personal data. The stored personal data will be treated confidentially by Pearl Tattoo in compliance with the German Federal Data Protection Act (BDSG). The data will not be disclosed to third parties or, in exceptional cases, only with the express consent of the customer.
- The customer has the right to revoke his consent at any time with effect for the future. In this case, Pearl Tattoo is obliged to immediately delete the customer's personal data.
- The trademarks and images used are protected and may not be used elsewhere without the permission of Pearl Tattoo. Pearl Tattoo holds the copyright to the images taken during a treatment without further consent of the client.
10 Permanent make-up
- Pigmentation is not performed on persons under the influence of alcohol and/or drugs, as well as haemophiliacs or persons with immune deficiency (HIV).
- Pearl Tattoo reserves the right to refuse customer requests - especially for persons under 18 years of age or for certain medical indications.
- Express reference is made to the client information, which must be carefully read and signed by the client before each permanent make-up treatment.
- We reserve the right to refuse certain pigmentations that we cannot reconcile with our philosophy or decline responsibility for.
- If a complaint is not resolved to the customer's satisfaction, this can also be decided by an arbitration board or in court.
- By placing your order, you have entered into a legally binding transaction.
- In the event of non-acceptance of the training, we shall be entitled to demand compensation for non-performance of EUR 500.00 plus 19% VAT of the invoice amount, waiving performance of the contract, after setting a further deadline of 10 days.
- For all matters arising from the business relationship, Berlin is agreed as the place of jurisdiction. This also applies to all business relations abroad. The law of the Federal Republic of Germany shall apply.
- There is no legal warranty period of 24 months, because it is a training in the field of permanent makeup.
- Event. received materials are training materials and therefore a warranty is excluded! Retention of title: The training materials remain the property of the company PearlTattoo until full payment. Only after receipt of all payments from the current business relationship, the ownership of any training materials to the buyer.
- Training dates are binding with their deposit of 400 euros plus 19% VAT. For trainings below 400 Euro (net) the complete amount has to be paid directly after receipt of invoice.
- Remaining amounts are to be transferred up to 3 days after the start of the training. A postponement of the training date can be requested up to 14 days before the start of the training.
- In the event of cancellation, we reserve the right to retain the deposit paid for the expenses incurred.
- In case of illness, a postponement of the training until the beginning of the training will be accepted, provided a medical certificate is submitted. Entitlement to retraining then exists within 3 months.
- For service appointments that are not kept and not canceled, we take the liberty of demanding at least the complete net training amount plus 19 % value added tax.
- Pearl Tattoo reserves the right to cancel or postpone an announced or ongoing seminar date for organizational or commercial reasons. In the event of such a change / postponement, participants will be notified immediately and payments made will be refunded to the full extent of the omission of the training content, if the replacement date is not suitable.
- No liability is accepted for damage caused by lack of skill, improper use, etc. with the training products supplied. Participation is therefore on your own responsibility. The participant acknowledges that Pearl Tattoos Trainer is not liable for a specific success or for the consequences of improper use of the treatment. Furthermore, the participant agrees that photos, images and video recordings taken during the training without any time, place and content restrictions may be published by Pearl Tattoo on the Internet, in print, any known and also future media, including for advertising purposes without time limit.
- Valid until revoked. Dates, locations and times are subject to change.
- Pearl Tattoo, the employees and the management are obliged to keep secret and treat as confidential all information discussed during the treatment or service.
- Information is classified as confidential if the client expresses this or if this can be inferred from the content of the information.
- Confidentiality shall be waived if decided by a court of law and Pearl Tattoo is released from the confidentiality clause.
13 Complaints and reclamations
- In the absence of more specific provisions on complaints and claims in these terms and conditions, the terms and conditions set out in this section shall apply without restriction.
- If the customer has a complaint or claim, this must be reported to Pearl Tattoo as soon as possible, but no later than 5 days after the reason for the complaint has been identified.
- Pearl Tattoo must provide an acceptable solution within the following 5 working days to resolve the complaint.
- If a complaint is justified, Pearl Tattoo must perform the work complained about again without additional payment or replace the product complained about.
- If the complaint is not resolved to the customer's satisfaction, this can also be decided by an arbitration board or in court.
14 Final provisions
- The business relations between Pearl Tattoo and the customer are governed by the laws of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems.
- The place of jurisdiction for all disputes between the parties is the registered office of Pearl Tattoo - Berlin. Status: 25.01.2022
15 Severability clause
Should one or more provisions of these General Terms and Conditions be invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The substantive provisions of the invalid provisions shall be replaced by the statutory provisions.
16 coupons, promotions and offers
- Vouchers are only valid for the services listed on them and cannot be exchanged for money.
- Pearl Tattoo reserves the right to claim the increased additional price for a treatment from the voucher customer for the treatment after a price increase, even if the content of the treatment is the same.
- Promotional offers are only valid within the specified periods and cannot be combined with other promotions.
- Complaints regarding the purchase or exchange of a PearlTattoo voucher must be made within 14 days of the purchase or exchange in order to guarantee the possibility of tracing. Complaints made after 14 days from the date of purchase or exchange will no longer be accepted.
- PearlTattoo vouchers are valid for the period printed on the voucher or (in the case of electronic vouchers) for the period transmitted electronically. If no period is specified, the vouchers are valid indefinitely. However, Grünkauf reserves the right to allow vouchers to expire at a specified time by announcing this on the website www.pearltattoo.de/preisein due time. In this case, the customer will be given the opportunity electronically or by post to submit the vouchers concerned. The customer will receive the equivalent value free of charge by bank transfer.
- PearlTattoo vouchers can only be redeemed at www.pearltattoo.as.me and only with Merle Siefkes or Nathalie Werwinksi. Other artists who have signed up with PearlTattoo do not accept these vouchers as a means of payment. Cash payment is not possible; change cannot be given. If a PearlTattoo voucher is lost, it cannot be replaced.
- PearlTattoo is not obliged to verify the eligibility of a Voucher Redeemer beyond the verification of the validity of the Redemption Code. The holder of the Voucher is therefore responsible for ensuring that the Voucher and/or the redemption code does not come into the possession of unauthorised third parties and for informing PearlTattoo without undue delay if there is at least a possibility that this has nevertheless occurred. Section 793 (1) sentence 2 of the German Civil Code (BGB) shall apply mutatis mutandis to a voucher redeemed by an unauthorised person.
- In case of purchase of a PearlTattoo voucher or exchange of a voucher code for a merchant voucher (code), the place of performance is the registered office of PearlTattoo at the time of purchase or exchange. If a voucher is sent to the redeemer not in electronic form but in physical form, the risk of accidental loss and the risk of loss of the shipped voucher shall pass to the purchaser or redeemer in accordance with section 447 of the German Civil Code (BGB) upon delivery to the person or institution designated to carry out the shipment.
- Misuse or multiple redemption of a PearlTattoo voucher will be prosecuted. This expressly includes any attempt to misuse or redeem a voucher more than once.
- Corporate customers are not permitted to resell purchased PearlTattoo vouchers, neither to private end customers nor to commercial users. Exceptions require the written consent of PearlTattoo.
For the sake of better readability, no gender-specific differentiation is made in the GTC. Corresponding terms apply to both genders for the purpose of equal treatment.