These General Terms and Conditions (hereinafter "T&Cs") apply to the entire range of services and treatments that kalialab GmbH, Ballindamm 11, 20095 Hamburg (Hamburg and Berlin locations), and kalia lab DUS I GmbH, Johannisplatz 5, 10117 Berlin (Düsseldorf location) (each hereinafter "Kalia Lab" or "we") make available to our customers (hereinafter "Customer", "Contracting Party" or "you") at www.kalialab.de or in one of our kalia Stores. Your Contracting Party is the company that operates the location at which your treatment takes place; it will be named in your appointment confirmation. For purchases in the online shop, your Contracting Party is the company named in the order confirmation. We do not accept any deviating terms unless we have expressly agreed to them in advance in text form (e.g. by email or letter). You can access and print the current version of our T&Cs at any time at www.kalialab.de. You should read these terms carefully before using the website. By using the website, placing an order or concluding a treatment contract, you agree to these terms.
Please note that we will only enter into a contract with you on the basis of these T&Cs if you are at least 18 years old and a consumer. Under Section 13 of the German Civil Code (BGB), this is the case if the purpose of the contract cannot predominantly be attributed to your commercial or self-employed professional activity. A further prerequisite for a valid conclusion of the contract is that you have completed our information and medical history form and our privacy policy in full and that the medical requirements for a treatment are met.
If any term we use in these T&Cs is unclear to you, or if you have questions about these T&Cs or about our services at www.kalialab.de, you can contact us at any time. Simply send an email to [email protected] or contact us at +49 (0)40 229 47 917.
At Kalia Lab, we want to help you, possibly in cooperation with other independent physicians, to effectively enhance and preserve your natural beauty. To this end, our physicians or cooperating physicians offer minimally invasive medical facial treatments, which are described in more detail on our website or in a personal consultation. Our treatments, which we may offer with the support of specialised service providers, are carried out using modern technologies. The main focus of our work is on individual aesthetic treatments of the eye area, lips, nose, forehead and facial contours. Because you and the best possible individual result for you are particularly important to us, we always take the time for a detailed consultation to get to know you better and to deliver the best possible result. All aesthetic treatments are performed on our premises by qualified and experienced physicians. You can find further information about our services on our website at www.kalialab.de.
We reserve the right to adjust, change or expand our range of services at any time and to optimise it to meet our customers' needs. We cannot guarantee that particular offerings will remain available permanently.
As part of our range of services, we offer you the opportunity at www.kalialab.de to book appointments, including walk-in, weekend and evening appointments, for a consultation and for your desired aesthetic treatment through our online booking system, as well as by telephone and directly in our store.
To start the booking process, you must click the button "Book appointment now" ("Jetzt Termin vereinbaren"). Within one booking process, you can always select several services at the same time. After completing the booking process on our website, you will receive a confirmation email or SMS from us. Upon receipt of this confirmation, the treatment contract, incorporating these T&Cs, is concluded between you and the company responsible for the booked location (Section 1). The confirmation states your Contracting Party and the version of the T&Cs applicable at the time the contract is concluded. Please note that before your treatment is carried out, the physician will always provide you with a personal briefing in our store. A treatment without the corresponding personal briefing will not be carried out. In addition, the final price of your treatment will only be communicated after the briefing in the store. As part of the booking process, you must explicitly consent to our privacy policy. You are obliged to provide all data requested during the booking process truthfully.
As an alternative to booking via the website, you can book appointments with us by telephone or directly in the store. In this case, the treatment contract is likewise concluded upon sending of the confirmation email or SMS. The provisions of the preceding paragraph apply accordingly.
The prices stated by us on the website and during the booking process are non-binding and subject to change. The actual amount of the fee payable for the treatment is always determined in accordance with the provisions of the official German Fee Schedule for Physicians (Gebührenordnung für Ärzte, GOÄ) as amended from time to time. Where we state a fee before the treatment, that amount is based on our experience regarding the average effort required for the respective treatment. Please note that your booking request is non-binding and does not constitute an offer to conclude a legally binding contract between you and us. As described above, the legally binding treatment contract is only concluded upon receipt of the appointment confirmation by email or SMS.
Kalia Lab is an appointment-only clinic. Agreed treatment appointments are reserved bindingly and exclusively for you. The necessary medical and clinical capacity is kept available for the agreed duration of the appointment. Appointments that become free at short notice can, as a rule, no longer be allocated to someone else.
An agreed appointment can be cancelled or rescheduled free of charge up to 48 hours before the agreed appointment at the latest. Until that time, you can cancel or reschedule the appointment yourself using the digital options provided by Kalia Lab.
Within 48 hours before the agreed appointment, it is technically no longer possible to cancel or reschedule on your own. If you are unable to attend the appointment, please contact Kalia Lab Customer Care without delay.
An appointment is deemed missed if you
A short-notice cancellation does not release you from the binding nature of the appointment. Nevertheless, please inform us as early as possible so that we may be able to allocate the appointment to someone else. You will be informed about the 48-hour rule and the possible compensation for missed appointments when the appointment is made and in the appointment reminders.
For a missed appointment, Kalia Lab may demand a flat-rate compensation for the treatment time kept available. The flat rate is based on the damage ordinarily to be expected, taking into account expenses saved, and amounts to:
Reserved appointment duration: up to 15 minutes Compensation: 59 €
Reserved appointment duration: up to 30 minutes Compensation: 119 €
Reserved appointment duration: up to 45 minutes Compensation: 179 €
Reserved appointment duration: up to 60 minutes Compensation: 239 €
You are expressly permitted to prove that Kalia Lab has suffered no damage or substantially less damage. If Kalia Lab is able to allocate the treatment time kept available to someone else, the compensation does not apply.
If your failure to attend is due to exceptional circumstances for which you are not responsible, Kalia Lab may, after reviewing the individual case, refrain from charging the compensation for missed appointments. You can contact Kalia Lab Customer Care for this purpose.
Kalia Lab decides on a case-by-case basis whether to claim compensation for a missed appointment. A waiver in one case does not give rise to a claim to a waiver in other cases. Any compensation claimed must be borne by you personally and paid within the period stated in the payment request. It is flat-rate damages and not remuneration for a medical or other service. It is not credited against future treatments and is not billed to a statutory or private health insurer.
As part of our range of services, we offer you the opportunity at www.kalialab.de to purchase gift vouchers for our treatments as well as beauty, cosmetic and aftercare products developed specifically for our treatments.
After you have entered the payment and shipping information, by clicking the order button you submit a binding offer to purchase the products in the shopping cart. Before submitting your order, you can correct your entries by using the correction tools provided and explained in the order process. By submitting the order, you accept these T&Cs as solely governing the legal relationship with us. The purchase contract is only concluded upon dispatch of the goods or the voucher; you will receive a shipping confirmation by email for this.
In addition to the stated product prices, the usual shipping costs apply for the shipment of products. We deliver by shipment only. We do not deliver to parcel lockers (Packstationen).
We reserve the right to remove any product from the website and/or to supplement or replace it with other products.
The goods remain our property until full payment has been made. From the time of delivery, the products are at your risk.
In the event of defects in our services, you are entitled to the statutory rights under warranty / liability for defects.
To the extent that we offer or advertise guarantees in individual cases, the details follow from the respective guarantee terms, which will be made available to you in text form before the contract is concluded.
You have the statutory right of withdrawal described in more detail below.
– Beginning of the withdrawal instructions –
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments we have received from you without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, 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 any fees because of this reimbursement. If our treatment service has already been performed by that time, we are entitled to invoice any expenses we have incurred for carrying out the treatment and to offset them against the amount to be reimbursed.
– End of the withdrawal instructions –
Model withdrawal form:
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 of consumer(s): ____________________________ (only if notified on paper)
Date: ____________________________
(*) Delete as applicable
For damage other than damage resulting from injury to life, body or health, we, our legal representatives and our vicarious agents are liable only where such damage is based on intentional or grossly negligent conduct or on a culpable breach of an essential contractual obligation by us or our vicarious agents. An obligation is essential to the contract if its fulfilment is what makes proper performance of the contract possible in the first place and if you can regularly rely on its being complied with. Any liability for damages beyond this is excluded. Claims arising from a guarantee given by us for the quality of the goods and claims under the Product Liability Act remain unaffected. In the event of a breach of essential contractual obligations, we are liable only for the foreseeable damage typical for this type of contract, if it was caused negligently, unless the claims for damages arise from injury to life, body or health. Liability for indirect damage, such as consequential damage caused by defects, unforeseeable or atypical damage, and for lost profit is excluded. The same applies to the consequences of strikes, accidental damage and force majeure.
For services of third parties that are identified as such, we expressly assume no liability. In this regard, reference is made to the applicable terms of business and data protection provisions of the respective third-party provider. In particular, we assume liability only for the physicians employed by Kalia Lab, but not for damage caused by improper treatment by our independent cooperating physicians. These are instead personally liable within the scope of the professional law applicable in each case.
This exclusion of liability applies to all contractual and non-contractual claims against us.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we give no guarantee as to the accuracy and security of information transmitted to or retrieved from this website, unless expressly stated otherwise on this website. All product descriptions, information and materials contained on our website are provided as presented and without express, implied or other warranties. Nothing in this paragraph affects your statutory rights as a consumer or your rights in relation to a withdrawal from the contract.
Our website may contain links to other websites or third-party materials. Such links serve informational purposes only. We have no influence on the content of said websites or third-party materials. Accordingly, we accept no liability whatsoever for damage or loss resulting from the use of such links.
The contract language available is exclusively German.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
We collect and use your personal data to carry out a contractual relationship existing with you. Details on the scope and use of the data collected can be found in our privacy policy. You can access and print it in its most current version at any time at https://www.kalialab.de/datenschutz.
In accordance with the requirements of the privacy policy and for the purpose of performing the contract, you consent to electronic processing and storage. You assure that all data and information you provide are correct and accurate.
In accordance with the applicable provisions and regulations, all online purchases and treatments are generally subject to value added tax (VAT). The compensation for missed appointments under Section 5 is flat-rate damages and is charged without VAT.
If individual provisions of these T&Cs are or become invalid or unenforceable, or contain a gap, the validity of the remaining provisions remains unaffected. We undertake instead to agree on a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision, or that fills the gap.
Agreements concluded between you and us on the basis of these T&Cs are governed exclusively by German law. The same applies in the event of disputes arising between us in connection with these agreements. The place of jurisdiction is always our registered office.
If you are a consumer within the meaning of Section 13 BGB, mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected.
The place of performance of all contractual obligations is exclusively our registered office.
We reserve the right to adjust or change our range of services, provided that the main performance obligations under the treatment contract concluded between you and us remain unaffected.
We may amend these T&Cs at any time with effect for the future. You are obliged to read the T&Cs regularly, because the T&Cs that apply are those in force when the website is used or at the time a contract is concluded (see Section 4). If you already have a customer profile with us, you will be notified of changes to the T&Cs by email 4 (in words: four) weeks before the change takes effect, and the full text will be made available to you within the application. The changes are deemed accepted unless you expressly object in writing (email is sufficient) within 2 (in words: two) weeks after receipt of our email. We will also expressly draw your attention to this again in the email.
Each version of these T&Cs bears a version number and the date it takes effect. The version that was in force upon receipt of the appointment confirmation applies to your treatment contract. We archive earlier versions and provide them to you in text form on request.
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