I. Scope of application
1. the General Terms and Conditions (hereinafter: "GTC") apply to legal transactions pursuant to Section III, which are concluded by customers with Haarklinik GmbH.
2 Haarklinik GmbH reserves the right to amend the GTC at any time. The version of the GTC physically or electronically attached to the contract at the time of conclusion of the contract shall apply to every legal transaction. Any conflicting GTC of the customer shall not apply.
II Contracting parties
1. the service provider and seller is Haarklinik GmbH, Pfingstweidstrasse 60a, 8005 Zurich (hereinafter: " Haarklinik").
2. the recipient of the service and purchaser is the person who places the order (hereinafter: "Customer").
III Subject matter of the contract
The object of the legal transactions governed by these GTC is the provision of cosmetic, i.e. non-medical and non-invasive, trichology treatments and/or the sale of products for self-treatment. It is possible to have trichology treatments carried out by specialists in the Haarklinik and additionally to carry out the self-treatment at home with the purchased products or to carry out the trichology treatments exclusively independently at home with the purchased products.
IV. Offer / Acceptance / Conclusion of contract
1. the offer is made by the Haarklinik submitting a treatment offer to the customer after clarifying her needs and the appropriate treatment during an analysis and consultation appointment in person on site or by e-mail, enclosing the contract and these GTC.
2. the contract is concluded when the customer signs the contract and hands it over to the Haarklinik . If the contract is concluded by e-mail, the customer's declaration of consent by e-mail is sufficient.
V. Payment
1. the customer is obliged to pay in advance. The following payment options are available:
- Credit card on site
- Debit card on site
- Purchase on account / bank transfer
- Purchase with installment payment
2. there is a payment period of 14 days for purchases on account. If the remuneration is not paid or transferred within 14 days, the customer shall automatically and without further reminder be in default with the optional rights on the part of the Haarklinik in accordance with the statutory default consequences, namely withdrawal from the contract. In the event of withdrawal from the contract by the Haarklinik Haarklinik , the Customer shall owe the Haarklinik Clinic a lump-sum compensation of CHF 200. In addition, the Customer shall be invoiced for trichology treatments and/or analyses already used, as well as for products already opened or not returned to the Haarklinik unopened and undamaged within 30 days of withdrawal from the contract. No costs shall be incurred for trichology treatments and/or analyses not yet used or for unopened, undamaged products returned within 30 days of withdrawal from the contract.
3. in the case of purchases with installment payments, the due dates of the installment payments are specified in the individual invoices. If the customer misses a payment date, section V. 2. above shall apply mutatis mutandis.
VI Postponement / delay / non-appearance at treatment or analysis appointments
1. agreed treatment and analysis appointments can be canceled or postponed by the customer free of charge at least 4 hours before the start of the appointment.
2. in exceptional cases (unforeseen staff absence or similar), agreed treatment and analysis appointments may also be postponed by the Haarklinik . In this case, the customer will be informed as early as possible and an alternative appointment will be arranged with her free of charge. In this scenario, the customer is not entitled to a refund or to cancel the treatment.
3. if the customer does not show up at least 4 hours before the start of the appointment without informing the Haarklinik , the customer shall owe the Haarklinik an administrative fee of CHF 100. at the customer's request, an alternative appointment will be arranged free of charge.
4. if the client arrives late, she shall only be entitled to treatment for the remaining originally agreed treatment time, provided that the clinic's capacities are exhausted. If the treatment can no longer be reasonably carried out due to the delay, Clause VI 3. above shall apply.
VII Cancellation or termination of treatment
1. both the customer and the Haarklinik may cancel or terminate the treatment at any time.
2. in the event of cancellation or termination by the customer, the remuneration shall remain owed unless the customer has declared withdrawal within 14 days of conclusion of the contract within the meaning of Clause XIII. In this case, the claim for reimbursement shall be governed by Clause XIII.
3. the cost consequences of cancellation or termination by the Haarklinik ic due to late payment shall be governed by Section V2. In addition, the Haarklinik ic reserves the right to cancel or terminate a treatment for objective reasons (e.g. repeated non-appearance at appointments). In this case, the customer will be charged for trichology treatments and/or analyses already used and for products not returned to the Haarklinik ic unopened and undamaged within 30 days of cancellation or termination. No costs will be charged for trichology treatments and/or analyses that have not yet been used or for unopened, undamaged products that have been returned to the hair clinic within 30 days of cancellation or discontinuation.
VIII. Handover / shipment of products
1. the products for self-treatment at home are handed over to the customer directly on site or sent home by post as desired. The shipping costs are borne by the customer.
2. in the case of postal dispatch, the customer will be informed of the delivery information (expected delivery date, tracking number) by separate e-mail. The estimated delivery date is non-binding, and in exceptional cases there may be delays in delivery. In such a case, the customer will be informed of the expected new delivery date by e-mail.
3. if an ordered product is temporarily unavailable and the delay in delivery of the product lasts more than 30 days beyond the originally announced delivery date, the customer may withdraw from the contract with the Haarklinik with regard to this product. The customer is only entitled to this right of withdrawal for the product affected by the delivery delay, while the rest of the contract remains unaffected. The purchase price of the affected product will be refunded to the customer in full.
IX. Duty to inspect and report
1. it is the customer's responsibility to check the products handed over or delivered immediately upon receipt, in particular whether they are defective, i.e. whether (1.) the correct products (2.) in the correct quantity (3.) free of defects (i.e. with the contractual quality) and (4.) undamaged have been handed over or delivered. In the event of a defective delivery, the customer must notify the Haarklinik within 14 days of receipt, providing precise details and documentation of the defect. Upon expiry of this period, the delivery shall be deemed approved and therefore free of defects. Accordingly, there is no entitlement to subsequent/replacement delivery or reimbursement in the event of non-compliance with this inspection and reporting obligation within the aforementioned period. In the event of compliance with the obligation to inspect and report within the deadline, Clause X below shall apply.
2. in the event of a product defect (deviation of the product characteristics from the contractual quality) which was not recognizable upon receipt and inspection of the product (hidden defect), the obligation to inspect and report shall be deemed to have been complied with if the product defect was reported to the Haarklinik immediately after it became apparent, with a precise description and documentation.
X. Warranty for defective delivery
1. in the event of an incomplete delivery (missing product) and timely information within the meaning of Clause IX, the missing product shall be delivered immediately.
2. in the event of an incorrect delivery (incorrect product) and timely information within the meaning of Section IX, an immediate replacement delivery of the incorrectly undelivered product shall be made.
Products delivered in error must be returned unopened and in perfect, unused condition within 30 days of receipt. The costs of the return shipment shall be borne by the Haarklinik. Products that are not returned to the Haarklinik ic within this period and/or are not returned unopened and in perfect, unused condition will be charged to the customer at the full product price.
3. in the event of a product defect and timely information within the meaning of Clause IX, the defective product shall be replaced immediately.
The defective product must only be returned to the Haarklinik if the Haarklinik expressly requests the return. In this case, the return shipment shall be at the expense of the Haarklinik. If the Haarklinik requests a return and this is not carried out within 30 days of notification to the customer, the customer will be charged the full price of the product.
4. in the event of delivery damage and timely information within the meaning of Clause IX, the damaged product shall be replaced immediately.
The damaged product must only be returned to the Haarklinik if the Haarklinik expressly requests the return. In this case, the return shipment shall be at the expense of the Haarklinik. If the Haarklinik requests a return and this is not made within 30 days of the customer being notified, the customer will be charged the full price of the product.
5 The burden of proof for a defective delivery lies with the customer. The defect must be documented as far as possible, e.g. with photos immediately after receipt. In the event of suspected misrepresentation, the Haarklinik reserves the right to refuse the warranty of this provision.
6. any warranty beyond the present provision, in particular the warranty for material defects pursuant to Art. 197 et seq. OR, does not exist or is excluded. This exclusion of warranty and liability also extends to all claims that compete with the warranty rights, be they based on contract (Art. 97 et seq. CO), tort (Art. 41 et seq. CO), avoidance of the contract due to error (Art. 23 et seq. CO) or other possible claims.
7. any manufacturer's guarantees which the Haarklinik passes on to the customer irrespective of this provision are reserved.
8. the above provisions in accordance with Clause X shall apply mutatis mutandis to a handover on site. The time of receipt of the delivery shall be replaced by the time of handover on site.
XI. Guarantee
1. all products supplied comply with the relevant legal requirements in Switzerland and the EU. Correct use is determined by the manufacturer's instructions on the product packaging and/or in the package insert and by the detailed instructions for use provided by the Haarklinik.
2. good treatment results are regularly achieved when trichology treatments are carried out by a specialist in the Haarklinik and/or when the application recommendation is followed for self-treatment at home, and a non-binding assessment of the possible treatment result can be made on the basis of experience. Nevertheless, the treatment result depends on various factors, some of which cannot be influenced, and there is no guarantee of a specific treatment result in connection with the treatment and product application. In particular, the before/after pictures of other clients of the Haarklinik only give an impression of what a treatment result might look like. In this respect, any warranty or guarantee is excluded.
3. any manufacturer's warranties shall be passed on to the customer in full by the Haarklinik .
XII. Exclusion of liability
The contractual liability of the Haarklinik (Art. 97 ff. OR) is excluded to the extent permitted by law, in particular for slight negligence. In particular, the Haarklinik ic shall not be liable for improper use of the products or an unforeseeable reaction in individual cases. This exclusion of liability also extends to all claims that compete with this liability, be they non-contractual claims (Art. 41 et seq. CO and Art. 62 et seq. CO), rescission due to lack of intent (Art. 23 et seq. CO) or other possible claims.
XIII Withdrawal from the contract
1. the customer may withdraw from the contract within 14 days of conclusion of the contract without incurring any costs if at the time of withdrawal (1.) she has not yet taken advantage of a trichology treatment at the Haarklinik and (2.) has returned any products already purchased for self-treatment to the Haarklinik unopened and undamaged within 30 days of withdrawal from the contract. Beyond this, the customer has no right of withdrawal, i.e. any remuneration not yet paid remains owed, and there is also no entitlement to a (partial) refund of remuneration already paid, even if the customer does not make use of trichology treatments and/or does not accept products.
2. the Haarklinik 's right of withdrawal is governed by Section VII 3.
XIV Content of the website
The above provisions on warranty (section XI) and disclaimer (section XII) also apply to the content of the website. In particular, the content of the website, such as the information on the treatment or the before/after pictures, does not constitute a guarantee for a specific treatment result, and to the extent permitted by law, liability for damages in connection with the visit and use of the website is excluded.
XV Data protection
The collection and processing of personal data by the Haarklinik is explained and regulated in the Privacy Policy. This privacy policy forms an integral part of these GTC and is available on the website
XVI Divisional validity
Should individual provisions of these GTC or the contract prove to be invalid or unenforceable, this shall not affect the validity, effectiveness and enforceability of the remaining parts of the GTC or the contract. In this case, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the original intention of the invalid or unenforceable provision. The same applies to any gap in the contract.
XVII Reservation of written form
All agreements between the contracting parties that deviate from these GTC or the contract must be made in writing or by e-mail and with reference to these GTC or the contract. Any verbal agreements shall not be valid.
XVIII. Messages
Legally relevant notifications in connection with these GTC and/or the contract with the Haarklinik must be sent by the customer by post to Haarklinik GmbH, Pfingstweidstrasse 60a, 8005 Zurich, or by e-mail to info@haar-klinik.ch.
XIX Applicable law
All contracts between the Haarklinik and customers as well as these GTC are subject to Swiss law.
XX. Place of jurisdiction
The courts of the city of Zurich shall have exclusive jurisdiction over all disputes arising from contracts between the Haarklinik and clients and from these GTC, including the question of their validity.
Zurich, June 2023