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General Terms and Conditions (GTC) for the use of studiobookr.com – a service of Head-on Solutions GmbH

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16.08.2023

1. scope

Head-on Solutions GmbH (hereinafter referred to as the intermediary) is the operator of the platform studiobookr.com and studiolution.com. studiolution is a checkout and appointment software for local businesses such as hairdressers (hereinafter referred to as „studios“).

studiobookr is the online appointment booking platform through which the end customer (hereinafter referred to as the „Booking Party“) can book online appointments with their e.g. hairdresser. Payment is only possible if the respective studio is a customer of studiolution.com.

The following terms and conditions apply to the services of studiobookr.com in connection with studiolution.com.

2. subject of performance

2.1 The subject matter of the service is the arrangement and conclusion of a mutually binding appointment

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2.2 The provider of the services is not the intermediary, but the respective studio. The services, times and prices stated on the website of the intermediary are maintained directly by the respective studio. These may vary or be changed or extended in the course of the visit to a degree that is customary in the industry.

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2.3 All claims and obligations are exclusively between the Booking Party and the relevant Studio.

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2.4 The studio may also define pictures, descriptions, opening times and contact details itself as part of the maintenance of its booking offer on the website of the agent. The respective studio shall be solely responsible for the accuracy of the data and the rights to the images, for example. The agent reserves the right to remove the relevant data from the website upon becoming aware of it.

3. Booking of calendar and deposit

3.1 By using and subsequently making a payment for an appointment, a treatment contract (hereinafter referred to as the "Contract") is concluded between the Booking Party and the relevant Studio.

3.2 The contract shall be concluded exclusively between the person making the booking and the studio selected in each case. For this purpose, the agent shall provide the studio with the personal data provided by the person making the booking. These are gender, first name, last name, email address and telephone number. The person making the booking hereby revocably agrees to this.

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3.3 Payment without providing personal data (anonymous booking) is not possible in order to protect the studio from so-called "fake bookings" and to provide its services.

3.4 The intermediary works only within the framework of order processing for the respective studio. Further details on the handling of personal data can be found in our Data Protection Declaration.

3.5 In return, the booking party will receive all relevant data of the respective studio via the website of the agent as well as via email: name of the studio, place and time of the appointment, services and associated prices.

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3.6 If a studio also works with appointment or reminder text messages to protect against appointment cancellations, a reminder text message will be sent to the booking party before the appointment.

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3.7 Some of the studios displayed on the agent's website are not directly bookable online. In the event of a payment for such a studio (e.g. by telephone), the intermediary is not liable for the type, scope, price and time of the appointment.

3.8 Some studios are not directly bookable online.

3.8 Some studios require a deposit or advance payment for a binding booking of an appointment. The settings for this are made by each studio itself. Payment is processed via "studiolution Pay" (credit card, instant transfer, Apple & Google Pay), for which we use Adyen GmbH, Simon Carmiggeltstraat 5-60, 1011 DJ Amsterdam, The Netherlands as service provider (hereinafter referred to as "studiolution Pay"). The deposit will be automatically offset during the checkout process in the shop.

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4. Purchase of online vouchers

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4.1 The purchase of a voucher creates a contract exclusively between the purchaser of the voucher and the respective studio.

4.2 For this purpose, the agent shall provide the studio with the personal data of the voucher purchaser. These are gender, first name, last name, address, email address and telephone number. The purchaser revocably agrees to this.

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4.3 A purchase of vouchers is not possible without providing the personal data (anonymous purchase) to protect the studio from so-called "fake bookings" and to provide its service.

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4.4 A cash payment of the purchased vouchers is excluded.

4.5 We used "studiolution Pay"

for the processing of the payment (credit card, Sofortüberweisung, Apple & Google Pay).

4.6 The intermediary only works within the framework of order processing for the respective studio. Further details on the handling of personal data can be found in our privacy policy.

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5. Cancellations and &amendments

5.1 A completed payment (see point 3) is örtually, temporally and pricewise exactly determined. Changes on the part of the person making the booking must be reported immediately to the respective studio. The booking party itself shall be responsible for contacting the studio.

5.2 The studio can allow a cancellation within a freely selectable period through the website of the agent. For this purpose, a cancellation link will be displayed in the confirmation email when the calendar is booked. If this link is clicked within the specified period, the appointment can be cancelled directly online. If a deposit has been paid, it will be automatically refunded.

5.3 If the person making the booking is unable to keep the appointment, a cancellation must be notified by telephone at least 24 hours before the appointment, unless 5.2 is possible. If deposits have been paid, the Studio may automatically refund the amount if the appointment is cancelled.

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5.4 If a cancellation does not take place in due time as described under 5.3 and nothing else has been agreed with the respective studio, the studio is entitled to demand a cancellation fee within the scope customary for the industry. If a deposit or advance payment has been made (as described under point 3.8), the studio shall be entitled to retain the deposit and offset it against a cancellation fee.

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5.5 The agent reserves the right to cancel the payment without consultation with the booking customer in the case of bookings with incomplete, doubtful or apparently incorrect data of the person making the booking.

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5.6 Cancellation of vouchers purchased online is only possible if they have not yet been redeemed and also not partially redeemed and also only within the statutory right of cancellation of 14 days.

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6. Evaluation of a studio by users of the agent's website

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6.1 Users of the agent's website have the opportunity to rate the studios displayed on the agent's website. In doing so, the user can, among other things, provide information on the quality, service and recommendation of the studio.

6.2 A rating is transmitted to the agent by email (double opt-in) after a subsequent confirmation of the rating. After successful verification of the rating by the agent, it will be displayed on the studiobookr.com website for the respective studio.

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6.3 The agent reserves the right to delete or, if necessary, change ratings without stating reasons if the content is offensive, xenophobic, sexist or does not meet ethical and moral standards in any other way.

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7 Warranty and liability

7.1 All information provided by the agent has been compiled with great care. However, no warranty can be assumed for any errors in data collection or data transmission.

7.2 The information on the internet portal of the agent is largely provided by the respective studios. Each studio shall bear sole responsibility for the accuracy, completeness and up-to-dateness of the information posted by it, including the prices stated and appointments available. Furthermore, the studios shall ensure that no content is posted which infringes the legal positions of third parties. The agent cannot check this information and therefore accepts no responsibility for the accuracy, completeness, quality and legality of the use of the information.

7.3 The agent is not liable for the conclusion of a calendar booking. Likewise, it shall not be liable for defects or damage arising in connection with the provision of the service.

8. Miscellaneous

8.1 German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.

8.2 The Online Dispute Resolution platform of the European Commission can be accessed via the following link. The mediator does not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.

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8.3 The use of the intermediary's internet portal and its contents is only permitted for the individual enquiry of calendar bookings. Automated queries are not permitted. The data material is protected by copyright, so that reproduction (in particular by automated reading out, so-called scraping) is prohibited. In particular, the use of the data material (such as, in particular, query results) for the purpose of further transmission is also prohibited.

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8.4 The place of performance shall be Nuremberg. The place of jurisdiction for persons who do not have a general German place of jurisdiction shall be Nuremberg. Otherwise, the statutory place of jurisdiction shall apply.

8.5 All information has been compiled with great care. However, no liability can be accepted for any errors in the collection or transmission of data.

8.6 If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages.

8.6 If any provision of this Agreement is invalid or unenforceable, such provision shall be construed in a manner consistent with applicable law and as nearly as possible with the original intentions of the parties. The remainder of this Agreement shall not be affected thereby. <8.7 The Intermediary reserves the right to amend these General Terms and Conditions with effect for the future.