GENERAL COMMERCIAL TERMS AND CONDITIONS

FOR BEAUTY TREATMENT SERVICES PROVIDERS

 

Biutimi s. r. o.

Furdekova 2558/17, Bratislava - Petržalka 851 04, Slovak Republic

Company ID number: 51 844 613, Tax ID number: 2120814751

 

General Commercial Terms and Conditions valid and effective from 01.08.2020.

 

 

 

I. PREAMBLE

• These GCTC govern the rights and obligations of Contractual Parties arising from the Contract concluded between Biutimi as the provider of Services and at the same time the intermediary of Beauty Treatment Services, and Beauty Treatment Services Provider as the user of Services; govern the rights and obligations relating to the usage of Biutimi Services by the Beauty Treatment Services Provider and provided by Biutimi through mobile app called “biutimi”; as well as set the principles of the legal relationship between Beauty Treatment Services Provider and Biutimi, which is at the same time the operator of the Website www.biutimi.com.
• These GCTC apply on all Contracts concluded between Biutimi and Beauty Treatment Services Provider in relation to the usage of Services through the biutimi app, except if Biutimi and Beauty Treatment Services Provider conclude specific contract with the content expressly different from these GCTC, while in that case the content of the specific contract shall prevail over these GCTC.
• Beauty Treatment Services Provider declares that before the conclusion of the Contract with the company Biutimi, he has acquainted in detail with these GCTC, General Commercial Terms and Conditions for Customers and Return Policy, as well as with other documents applicable on the usage of Biutimi Services and available to Beauty Treatment Services Provider through the biutimi app or Website, while he agrees with these GCTC and undertakes to act in compliance with these GCTC.

 

II. DEFINITIONS AND INTERPRETATION

• The terms defined and used in these GCTC are consistent with and have the same meaning as the terms used in all contractual legal relationships between Biutimi and Beauty Treatment Services Providers relating to the provided Services, unless stated otherwise by binding legal rules or unless expressly and in written form negotiated otherwise between Contractual Parties.
• Contractual Parties take into account that the provisions of this article of GCTC have not only defining character and purpose, but also normative character and purpose, which means that they set the rights and/or obligations of Contractual Parties and therefore the provisions of this article are binding on Contractual Parties in the same manner as other provisions of these GCTC.
• Unless in these GCTC stated otherwise, the words used in these GCTC in singular are applicable also on plural and vice versa. The words used in masculine grammatical gender shall include also feminine and neuter grammatical genders.
• “Copyright Act” means Act no. 185/2015 Coll. Copyright Act, as amended.
• “Civil Procedural Code” means Act no. 160/2015 Coll. Civil Procedural Code, as amended.
• “Day” means a calendar day.
• “Biutimi” means the company Biutimi s. r. o., with its registered seat at Furdekova 2558/17, Bratislava – Petržalka, 851 04, Slovak Republic, Company ID no.: 51 844 613, company registered in the Commercial Register of the District Court Bratislava I, section: Sro, file no. 130267/B, which is the operator of Website and the biutimi app.
• “biutimi” means mobile app of the company Biutimi, designated for smartphones and for Beauty Treatment Services Providers and Customers to use the Services.
• “Website” means the website www.biutimi.com.
• “Licence” means non-exclusive licence, which represents the consent of Biutimi with the usage of the biutimi app and related Services, i.e. the grant of authorization to exercise the rights to use the biutimi app for the needs of Beauty Treatment Services Provider and Customer.
• “GDPR Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
• “Civil Code” means Act no. 40/1964 Coll. Civil Code, as amended.
• “Commercial Code” means Act no. 513/1991 Coll. Commercial Code, as amended.
• “Order” means individual written order, which consists of filling in and sending the order form for the provision of Beauty Treatment Services by Customer, addressed directly to Beauty Treatment Services Provider through the biutimi app.
• “Renumeration” means the price, which Customer undertakes to pay to Beauty Treatment Services Provider for the provision of Beauty Treatment Services.
• “Platform” means the technology developed by Biutimi, which is a part of the biutimi app and enables Beauty Treatment Services Providers and Customers to mutually communicate and leads to more efficient provision of Beauty Treatment Services to Customers.
• “Entrepreneur” means a person (i) registered in the respective commercial register, (ii) who operates a business on the basis of Trade License, (iii) who operates a business on the basis of authorization other than Trade License, in accordance with specific legal rules, (iv) a person who provides Beauty Treatment Services within its business activities or in relation to its business activities, or a person who states its Company ID Number in Beauty Treatment Services Provider Registration.
• “Fee” means the commission to the company Biutimi, which is Beauty Treatment Services Provider obliged to pay to Biutimi for the usage of Services, the usage of the biutimi app and usage of Platform, in accordance with the conditions stipulated in these GCTC and/or in Contract.
• “Beauty Treatment Services Provider” means the subject, which entered the contractual relationship with Biutimi through Beauty Treatment Services Provider Registration, with the aim of using Services offered by Biutimi through the biutimi app. Beauty Treatment Services Provider is solely (i) natural person – Entrepreneur, or (ii) legal person – Entrepreneur, who has the authorization (Certificate of Trade Authorisation, licence or other authorization) to carry out business activities consisting of the provision of Beauty Treatment Services, eventually of services related to the beautification of the body, cosmetic services, massage services, hairdressing services for men, women and children, or any other services provided and currently offered from Beauty Treatment Services Provider to Customers through the biumi app, and who fulfils the conditions of Biutimi required for Beauty Treatment Services Provider Registration. Beauty Treatment Services Provider is entitled to use Services offered by Biutimi also through its employee (Beautician); Beauty Treatment Services Provider for the purpose of these GCTC is also the Beautician.
• “Working Day” means the day from Monday to Friday if this day is not a day of national holiday in the Slovak Republic.
• “Beauty Treatment Services Provider Registration” means the creation of permanent user account of Beauty Treatment Services Provider in the biutimi app, which enables Beauty Treatment Services Provider to use Services provided by Biutimi.
• “Service” means the service provided by Biutimi through the biutimi app consisting mainly, but not exclusively, of the intermediation of providing Beauty Treatment Services from Beauty Treatment Services Provider to Customer and of ensuring the customer support and Platform for efficient communication of Beauty Treatment Services Provider and Customer. Beauty Treatment Services Provider takes into account that the provision of Services is subject to the fees, in accordance with these GCTC and/or Contract.
• “Consumer” means a natural person who does not act within the scope of its business activities, employment, or profession during the usage of Services through the biutimi app.
• “Third person” means any natural or legal person, association, foundation, body, other entity, or a person, who has full or partial legal capacity according to the legal system of any jurisdiction.
• “Beautician” means a natural person providing Beauty Treatment Services. For the purpose of these GCTC, Beautician can also be an employee of Beauty Treatment Services Provider.
• “Beauty Treatment Services” means the services provides by Beauty Treatment Services Provider to Customer consisting mainly, but not exclusively, of the provision of cosmetic services, hairdressing services, make-up artist services, nail designer services, or any other beauty treatment services, which include the treatment of face and overall appearance of Customer, as well as massage services or any other services provided and currently offered from Beauty Treatment Services Provider to Customer through the biutimi app; while those services are being provided on the basis of accepted Customer Order, Contract on the Provision of Beauty Treatment Services and in compliance with his requirements.
• “GCTC” means these General Commercial Terms and Conditions in their valid version.
• “Customer” means the subject, which entered contractual relationship with Biutimi through the customer registration, with the aim of using Services offered by Biutimi through the biutimi app. For the purpose of these GCTC, Customer is also a subject which ordered Beauty Treatment Services from Beauty Treatment Services Provider through Order.
• “Personal Data Protection Act” means Act no. 18/2018 Coll. on Personal Data Protection, as amended.
• “Consumer Protection Act” means Act no. 250/2007 Coll. on Consumer Protection, as amended.
• “Consumer Protection in Distance Sales Act” means Act no. 102/2014 Coll. on Consumer Protection during Distance Sales of Goods or Provision of Services based on the Distance Contract or Contract Concluded Outside of the Seller´s Business Premises, as amended.
• “Contract” means the contract on the provision of Services concluded between Biutimi as one contractual party and Beauty Treatment Services Provider as the second contractual party, concluded solely through the biutimi app or Website without simultaneous physical presence of Biutimi and Beauty Treatment Services Provider, concluded outside the business premises of Biutimi, and the subject of which is the provision of Biutimi Services to Beauty Treatment Services Provider and the possibility of Beauty Treatment Services Provider to use Services provided by Biutimi in accordance with the conditions stipulated in these GCTC and/or Contract.
• “Contract on the Provision of Beauty Treatment Services” means the contract on the provision of Beauty Treatment Services concluded between Beauty Treatment Services Provider as one contractual party and Customer as the second contractual party, subject of which is the provision of Beauty Treatment Services from Beauty Treatment Services Provider to Customer, unless Beauty Treatment Services Provider and Customers agree otherwise.
• “Contractual Parties” mean the contractual parties of contractual legal relationship, while the contractual party of Biutimi is (i) the company Biutimi s. r. o., with its registered seat at Furdekova 2558/17, Bratislava – Petržalka, 851 04, Slovak Republic, Company ID no.: 51 844 613, and the contractual party of Beaty Treatment Services Provider is (ii) natural person – Entrepreneur or legal person – Entrepreneur, who concluded the Contract.

 

III. INTRODUCTORY PROVISIONS

• The company Biutimi is the operator of the biutimi app developed with the aim to simplify the searching of Beauty Treatment Services provided to Customers from Beauty Treatment Services Providers within the scope of their business activities, by the means of putting the Beauty Treatment Services Providers in one place, i.e. through the biutimi app. Through the biutimi app, the company Biutimi provides Beauty Treatment Services Providers and Customers with Platform, which connects its users with the aim of their better and more efficient communication and the intermediation of relevant Beauty Treatment Services.
• Through the biutimi app, Biutimi offers to its users mainly the following services:
• the intermediation of Beauty Treatment Services;
• provision of Platform with the aim of using Services and ensuring efficient communication between Beauty Treatment Services Provider and Customer;
• customer support.
• Biutimi is not itself the provider of Beauty Treatment Services and it does not provide Customer with these services in its own name. Biutimi has solely the role of the intermediary for Beauty Treatment Services Provider or Customer, to whom it enables to conclude the Contract on the Provision of Beauty Treatment Services with another contractual party through the biutimi app. Beauty Treatment Services Provider concludes the Contract on the Provision of Beauty Treatment Services directly with Customer, he provides Customer with Beauty Treatment Services by himself, in his own name, for his account and within the scope of his business activities. Biutimi is not a party to the contractual relationship of Beauty Treatment Services Provider and Customer and shall not be liable for the performance of the Contract on the Provision of Beauty Treatment Services. Information about individual Beauty Treatment Services Providers are available in the biutimi app. 
• Biutimi processes the information about Beauty Treatment Services Providers and about provided Beauty Treatment Services solely on the basis of the sources provided by Beauty Treatment Services Provider, therefore Biutimi shall not be liable for any such published content.
• Beauty Treatment Services Provider takes into account that the legal relationship between Beauty Treatment Services Provider and Customer is governed not only by these GCTC, but also by the Contract on the Provision of Beauty Treatment Services and eventually by commercial terms and conditions or instructions of Beauty Treatment Services Provider.
• Contractual Parties take into account, that their legal relationship is not an employment relationship and that nothing in these GCTC or in Contract or any other actions of any Contractual Party based on these GCTC or Contract does not establish the partnership, joint venture or any other cooperating subject created by and between Contractual Parties.

 

IV. CONCLUSION OF THE CONTRACT

 

• Beauty Treatment Services Provider hereby declares that he is fully legally capable and authorized to conclude Contract and undertakes to fulfil all his financial and other obligations arising from Contract.
• Usage of Services through the biutimi app is possible solely on the basis of the registration, by creating a permanent user account through the biutimi app. For this purpose, Beauty Treatment Services Provider is obliged to create a permanent user account trough Beauty Treatment Services Provider Registration.
• During Beauty Treatment Services Provider Registration, Beauty Treatment Services Provider shall fill in all mandatory information as well as choose his login information and his own password, which he will use for signing into his user account in the biutimi app. Beauty Treatment Services Provider shall keep his password secret and shall not make it available to any Third persons. In case Beauty Treatment Services Provider has doubts about the possible misuse of his password or user account login information, he shall immediately change the password and inform Biutimi about this issue.
• Beauty Treatment Services Provider explicitly considers and agrees, that the user account created through Beauty Treatment Services Provider Registration is dedicated solely for the person who performed, or for whom was performed, Beauty Treatment Services Provider Registration and that he is not entitled to make his own user account available to any other persons, as well as he is not entitled to proceed his authorizations and rights relating to the usage of Services to other persons.
• By Beauty Treatment Services Provider Registration, Beauty Treatment Services Provider declares and undertakes that all information and data provided by Beauty Treatment Services Provider to Biutimi during the process of Beauty Treatment Services Provider Registration, are correct, accurate, complete, and truthful. Beauty Treatment Services Provider undertakes to regularly update the provided information, no later than 15 (fifteen) days from the day of its change. Biutimi shall not be in any case liable for any damage, which arises to Beauty Treatment Services Provider as a consequence of not checking this information by Beauty Treatment Services Provider or as a consequence of not properly updating this information.
• After filling in all mandatory data for the purpose of Beauty Treatment Services Provider Registration, the verification link will be delivered to Beauty Treatment Services Provider on the e-mail address, which the Beauty Treatment Services Provider stated in the process of Beauty Treatment Services Provider Registration. Beauty Treatment Services Provider Registration is considered properly completed and Beauty Treatment Services Provider is entitled to use Services of the biutimi app by opening the delivered verification link. The Contract is concluded between Contractual Parties by proper execution and completion of Beauty Treatment Services Provider Registration. Beauty Treatment Services Provider takes into account and agrees, that in certain reasoned cases, the company Biutimi has the right to ban Beauty Treatment Services Provider Registration despite fulfilling the requirements of Beauty Treatment Services Provider Registration, eventually has the right to restrain the usage of Services in the biutimi app by Beauty Treatment Services Provider. Beauty Treatment Services Provider also takes into account that the biutimi app does not have to be fully available despite properly completed Beauty Treatment Services Provider Registration and the usage of Services may be partially limited until the moment of proper choice of time period for payment of the Fee from Beauty Treatment Services Provider to Biutimi.

 

V. ORDER AND THE PROVISION OF BEAUTY TREATMENT SERVICES

 

• Beauty Treatment Services Provider explicitly takes into account that Biutimi ensures for Beauty Treatment Services Provider through the biutimi app solely the services of the intermediation of provision of Beauty Treatment Services by Beauty Treatment Services Providers to Customers. Only Beauty Treatment Services Provider is liable for any damage caused by Beauty Treatment Services Provider to Customer as a consequence of providing Beauty Treatment Services. 
• The Customer is entitled to make Order of Beauty Treatment Services through the biutimi app by choosing the individual Beauty Treatment Services Provider from the list of available Beauty Treatment Services Providers and by filling in required data, inter alia the date, time and place of providing Beauty Treatment Services and information on the type of required Beauty Treatment Services (hairdressing services, nail design etc.).
• By confirming and sending Order (in the form of filled and sent order form), i.e. by pressing the button “Order with the obligation to pay” through the biutimi app, Customer gives Beauty Treatment Services Provider the binding offer to conclude Contract on the Provision of Beauty Treatment Services.
• After proper and complete sending of Order, the chosen Beauty Treatment Services Provider is entitled to become bound to provide Beauty Treatment Services as required by sent Order. In case of confirming Order and/or in case of negotiating the date, time, and other conditions of the Beauty Treatment Services provision directly between the Beauty Treatment Services Provider and Customer, Contract on the Provision of Beauty Treatment Services is concluded. Any changes of Order after the conclusion of Contract on the Provision of Beauty Treatment Services are considered as the offers on modification of Contract on the Provision of Beauty Treatment Services and are possible solely after mutual agreement of Beauty Treatment Services Provider and Customer.
• Contract on the Provision of Beauty Treatment Services is being concluded on definite period of time and is being terminated by fulfilment of the obligations of Beauty Treatment Services Provider and Customer, or by the settlement of claims arising therefrom, unless agreed otherwise between Beauty Treatment Services Provider and Customer.
• On the basis of Contract on the Provision of Beauty Treatment Services, Beauty Treatment Services Provider undertakes to provide Customer with Beauty Treatment Services dully and on time, in terms of confirmed Order and/or Contract on the Provision of Beauty Treatment Services and in accordance with the requirements of Customer, while Customer undertakes to pay the agreed Renumeration to Beauty Treatment Services Provider.
• The Beauty Treatment Services Provider is obliged to provide Beauty Treatment Services, which are the subject-matter of Contract on the Provision of Beauty Treatment Services, within the agreed time and on agreed address, which was subject to agreement in confirmed Order and/or Contract on the Provision of Beauty Treatment Services.
• Neither Biutimi nor Beauty Treatment Services Provider is liable for delayed or faulty provision of Beauty Treatment Services caused by the breach of these GCTC by Customer and/or as a consequence of uncontrollable events in accordance with the valid legal norms of the Slovak Republic.
• Beauty Treatment Services Provider is entitled to withdraw from the Contract on the Provision of Beauty Treatment Services in the following cases:
• expiration of 15 minutes waiting time, i.e. in the case when Customer will not be present on agreed time in the place of Beauty Treatment Services provision or he will not come to this place;
• Customer requires the provision of Beauty Treatment Services, on which Beauty Treatment Services Provider does not have the relevant authorization or which does not fall within the scope of services provided by Beauty Treatment Services Provider;
• after the conclusion of Contract on the Provision of Beauty Treatment Services, Customer changes the place of Beauty Treatment Services provision and this place falls outside the territory where Beauty Treatment Services Provider provides Beauty Treatment Services;
• after the conclusion of Contract on the Provision of Beauty Treatment Services, Customer changes the date and time of Beauty Treatment Services provision and this date and time is not acceptable by Beauty Treatment Services Provider;
• for any discrepancies between the conditions of Beauty Treatment Services provision and confirmed Order and/or Contract on the Provision of Beauty Treatment Services.
• Customer is entitled to withdraw from Contract on the Provision of Beauty Treatment Services and cancel Order usually within 14 (fourteen) days from the day of the conclusion of Contract on the Provision of Beauty Treatment Services, except the cases (i) if he is not given this right in accordance with the relevant legal rules, mainly in accordance with Art. 7 para. 6 of the Consumer Protection in Distance Sales Act, (ii) or if specially agreed otherwise between Beauty Treatment Services Provider and Customer, or (iii) if stems otherwise from the general commercial terms and conditions of Beauty Treatment Services Provider. If Contract on the Provision of Beauty Treatment Services, based on which Beauty Treatment Services shall be provided to Customer, is concluded before the period for the withdrawal pursuant to the first sentence of this point of GCTC, Customer is entitled to withdraw from Contract on the Provision of Beauty Treatment Services without stating the reasons only until the moment of the beginning of the provision of Beauty Treatment Services (e.g. until the beginning of the confirmed date and time). Withdrawal from Contract on the Provision of Beauty Treatment Services is possible to be submitted in writing or by e-mail directly to Beauty Treatment Services Provider, as well as through the biutimi app.
• Neither Beauty Treatment Services Provider nor Biutimi is liable to Customer for any damage, which arise to him as a consequence of the withdrawal of Beauty Treatment Services Provider from Contract on the Provision of Beauty Treatment Services based on the reasons stated in point 5.9 of these GCTC. Biutimi shall not be liable to Customer for any damage, which arise to him as a consequence of withdrawal from Contract on the Provision of Beauty Treatment Services by Beauty Treatment Services Provider for any reasons.
• Customer takes into account, that he does not have a legal right to the conclusion of Contract on the Provision of Beauty Treatment Services and Biutimi does not guarantee to Customer, in relation with the usage of the biutimi app, the conclusion of Contract on the Provision of Beauty Treatment Services with Beauty Treatment Services Provider in each individual case. The conclusion of Contract on the Provision of Beauty Treatment Services depends solely on the agreement between Beauty Treatment Services Provider and Customer and on the current availability of Beauty Treatment Services Provider for the provision of Beauty Treatment Services.

VI. RIGHTS AND OBLIGATIONS OF BEAUTY TREATMENT SERVICES PROVIDER

 

• Beauty Treatment Services Provider shall be liable for the facts, that he meets all requirements stipulated by valid legal rules for the provision of Beauty Treatment Services through the biutimi app, that he possesses all valid permissions and licences or any other authorizations, which are required for the performance of these activities and he undertakes to keep these permissions, licenses, authorizations or any other documents valid during the whole time of the existence of Contract. In case of the breach of any of the obligations of Beauty Treatment Services Provider according to this point of Contract, i.e. mainly, but not exclusively, in the case if Beauty Treatment Services Provider will provide Beauty Treatment Services pursuant to this Contract and/or Contract on the Provision of Beauty Treatment Services despite the non-existence of all relevant authorizations necessary for its provision, which are applicable on him by valid legal norms (e.g. in case of performing unauthorized business activities without the Certificate of Trade Authorisation etc.), Biutimi has the right to request the payment of contractual fine in the amount of 300,- EUR (in words: three hundred euro) from Beauty Treatment Services Provider. Nevertheless, by claiming the contractual fine, the legal right of Biutimi to claim damage against Beauty Treatment Services Provider remains unaffected.
• In relation to the provision of Beauty Treatment Services, Beauty Treatment Services Provider is obliged:
• to offer Beauty Treatment Services in a professional manner and in accordance with the business ethics;
• to perform Beauty Treatment Services dully and on time, in accordance with Order of Customer and/or Contract on the Provision of Beauty Treatment Services and in accordance with request of Customer;
• to comply with all laws and valid legal rules;
• to fulfil all obligations, which emerge to him from valid legal rules, including the obligations which emerge to him from the performance of his business activities.
• In relation to the usage of Biutimi Services, the Beauty Treatment Services Provider is obliged:
• to use Biutimi Services and to act in a manner, that by his actions or omission to act, he does not harm a good name of Biutimi;
• to use Biutimi Services and to act in a manner, that by his actions or omission to act, he does not act unlawfully or contrary to the valid legal order and he does not disturb the provision of Biutimi Services;
• to act in a manner that any Third persons who were not allowed Beauty Treatment Services Provider Registration by Biutimi, or who do not have a permanent user account, or any other provider of Beauty Treatment Services are not enabled to provide Beauty Treatment Services on his own user account by any actions or omission to act of Beauty Treatment Services Provider;
• to act in a manner that any Third persons who were not allowed Beauty Treatment Services Provider Registration by Biutimi, or who do not have a permanent user account, are not enabled to provide Beauty Treatment Services intermediated through biutimi app by any actions or omission to act of Beauty Treatment Services Provider;
• to comply with all laws and valid legal rules;
• to fulfil all obligations, which are applicable on him by valid legal rules, including the obligations which are applicable on him by the performance of his business activities.
• Beauty Treatment Services Provider takes into account that any costs, which arise to Beauty Treatment Services Provider while providing Beauty Treatment Services or in relation to them, or in relation to the use of Biutimi Services, shall be borne by Beauty Treatment Services Provider. The company Biutimi is not obliged, in any case whatsoever, to refund any costs of Beauty Treatment Services Provider in relation to the usage of Services through the biutimi app.

 

VII. LIABILITY

 

• Beauty Treatment Services Provider, who uses Biutimi Services through the biutimi app, hereby explicitly takes into account and agrees that he is liable for any damage caused as a result of Beauty Treatment Services provision, as a result of not compliance with the conditions and provisions stated in these GCTC, the General Commercial Terms and Conditions for Customers, Contract, Contract on the Provision of Beauty Treatment Services, valid legal rules as well as other documents applied on the usage of Biutimi Services, the company Biutimi, Customer or any other Third persons.
• To avoid any doubts, Contractual Parties have agreed that in case if Beauty Treatment Services Provider Registration of the individual Beautician as the employee is performed through Beauty Treatment Services Provider as the employer of this Beautician, Beauty Treatment Services Provider is obliged to ensure that this Beautician is acquainted with and shall comply with the conditions and provisions of these GCTC, the General Commercial Terms and Conditions for Customers, Contract, Contract on the Provision of Beauty Treatment Services, valid legal rules as well as other documents applied on the usage of Biutimi Services. Beauty Treatment Services Provider and the individual Beautician, who is the employee of Beauty Treatment Services Provider, take into account that they shall be jointly and severally liable for any damage or losses, which are caused as a result of Beauty Treatment Services provision, as a result of not compliance with the conditions and provisions stated in these GCTC, the General Commercial Terms and Conditions for Customers, Contract, Contract on the Provision of Beauty Treatment Services, valid legal rules as well as other documents applied on the usage of Biutimi Services, the company Biutimi, Customer or any other Third persons, notwithstanding if this damage or loss was caused by Beauty Treatment Services Provider or individual Beautician as the employee of Beauty Treatment Services Provider. Beauty Treatment Services Provider shall compensate any such caused damage or losses to the injured party, and at the same time is entitled to claim the refund of any such damage solely from the Beautician, who is his employee.
• In case if any damage is caused to the company Biutimi in relation to the breach of Beauty Treatment Services Provider´s obligations under these GCTC, the General Commercial Terms and Conditions for Customers, and/or Contract, and/or Contract on the Provision of Beauty Treatment Services, and/or valid legal rules (e.g. fine, sanctions, non-pecuniary damage, lost profit, court, administrative or other proceedings, subject of which is to make the claims against company Biutimi), Beauty Treatment Services Provider is obliged to fully compensate such caused damage to the company Biutimi.
• Beauty Treatment Services Provider is liable for the breach of his obligation to provide Beauty Treatment Services to Customer dully and on time, in accordance with confirmed Order and/or Contract on the Provision of Beauty Treatment Services. Beauty Treatment Services Provider shall compensate any provably caused damage to Customer in case if Beauty Treatment Services Provider unreasonably caused the delay in the provision of Beauty Treatment Services. Beauty Treatment Services Provider may exclude his liability, if he proves that it was not possible to avoid the occurrence of damage despite making all the effort which can be required from him.
• Biutimi shall not be, in any case, liable for any loss of profits or any other accidental or consecutive, indirect, exemplary or sanction damage and compensation, which are caused to Beauty Treatment Services Provider as a consequence of using Services through the biutimi app, Contract or based on the contractual relationship between Beauty Treatment Services Provider and Customer.
• Biutimi shall neither be liable to Beauty Treatment Services Provider for any damage or losses, which were caused in relation to the usage of the biutimi app or usage of Services, nor shall be liable for any direct or indirect damage on property, monetary losses, lost profits, termination of business activities, harm of a good name, reputation, interruption of business activities or any other losses or damage.
• Biutimi shall not be liable, in any manner, for the owed amounts from Customers to Beauty Treatment Services Providers, or from Beauty Treatment Services Providers to Customers.
• In case Customer makes any claims against the company Biutimi, which were caused by actions or omission to act or in direct causal link with the breach of obligation of Beauty Treatment Services Provider under these GCTC, the General Commercial Terms and Conditions for Customers, and/or Contract, and/or Contract on the Provision of Beauty Treatment Services, and/or valid legal rules, Beauty Treatment Services Provider is obliged to offer Biutimi all necessary cooperation in order to defend against the made claim, as well as Beauty Treatment Services Provider is obliged to fully compensate the caused damage to the company Biutimi within the time period of 10 (in words: ten) calendar days from the day of delivery of written notification of Biutimi to Beauty Treatment Services Provider.
• Beauty Treatment Services Provider explicitly agrees that in case if Customer claims legitimate or reasonable reclamation or claims the damage related to the defects or imperfections of the provision of Beauty Treatment Services, or in direct causal link with the breach of obligation of Beauty Treatment Services Provider under these GCTC, the General Commercial Terms and Conditions for Customers, and/or Contract, and/or Contract on the Provision of Beauty Treatment Services, and/or valid legal rules, Biutimi is entitled to offer to Customer the contact details of Beauty Treatment Services Provider with the aim to make claims of Customer.
• Biutimi shall not be liable to Beauty Treatment Services Provider for any damage caused by incorrect usage of the biutimi app and related loss of data, for any damage caused by the impossibility to use the biutimi app because of hardware/software of the technical device (computer, mobile phone), through which the Beauty Treatment Services Provider uses the biutimi app. Biutimi shall not be liable for insufficient internet connection of Beauty Treatment Services Provider, which is necessary to use Services and to provide Beauty Treatment Services. Biutimi shall not be liable for any cuts while using the biutimi app caused by the network overload.
• Biutimi shall not be liable to Beauty Treatment Services Provider for any damage caused by incorrect use of the biutimi app, including the damage caused by incorrect application of information contained or resulting from the biutimi app. Biutimi shall also not be liable for the content and scope of the data and information saved by Beauty Treatment Services Provider through the biutimi app.
• Beauty Treatment Services Provider takes into account that Website, the content and the biutimi app are provided in the form “as-is”, without any guarantees. Biutimi does not guarantee to Beauty Treatment Services Provider that the biutimi app will always be without any faults and defects and always available. In case of any technical error of the biutimi app, Biutimi undertakes to eliminate the faults and defects of the biutimi app without delay in the shortest possible time period, and in a way that the biutimi app shall be available and functional to Beauty Treatment Services Provider. Biutimi shall not be liable for any damage or losses (lost profits, etc.), which are caused to Beauty Treatment Services Provider as a result of the cuts, faults or defects of the biutimi app. Biutimi shall also not be liable in case if it temporarily or permanently terminates the provision of Services through the biutimi app or their part.
• In case any damage is caused to Beauty Treatment Services Provider, relating to the breach of obligation of Biutimi under these GCTC, the General Commercial Terms and Conditions for Customers, and/or Contract, and/or valid legal rules (e.g. fine, sanctions, non-pecuniary damage, lost profit, court, administrative or other proceedings, subject of which is to make the claims against Beauty Treatment Services Provider), the financial liability of Biutimi is limited by the amount of 300,- EUR (in words: three hundred euros). Beauty Treatment Services Provider is entitled to claim damage against Biutimi only in the case if it proves that the breach of obligation, which resulted in the occurrence of damage, was intentionally made by Biutimi.
• Biutimi shall not be liable to Beauty Treatment Services Provider for any damage, which are caused to him as a result of the insurance event.
• Biutimi shall not be liable for the correctness of information and does not offer any guarantee for any information, which are available to Beauty Treatment Services Provider through the biutimi app or Website and which were provided by the person other than Biutimi.

VIII. LICENSING

 

• Biutimi grants the License to Beauty Treatment Services Provider, that is the consent of Biutimi with the usage of the biutimi app and related Services for the needs of Beauty Treatment Services Provider in unlimited scope, without any material or territorial restrictions and for indefinite period of time.
• License is granted to Beauty Treatment Services Provider as non-exclusive.
• License is granted to Beauty Treatment Services Provider solely for the period of validity and effectiveness of Contract. After the termination of Contract, Beauty Treatment Services Provider is not entitled to use the biutimi app and Biutimi reserves the right to block, delete or remove the user account of Beauty Treatment Services Provider without any previous notification.
• Beauty Treatment Services Provider is not entitled to grant License or its part under these GCTC to any Third persons (the so-called sub-license) or to enable any Third persons the access to the biutimi app. To avoid any doubts, Contractual Parties have agreed that if Beauty Treatment Services Provider Registration of the individual Beautician is performed through Beauty Treatment Services Provider as the employer of this Beautician, Beauty Treatment Services Provider is entitled to grant sub-license and/or fully or partially delegate License on its employees and Beauticians.
• Beauty Treatment Services Provider is not entitled to delegate License on any Third persons, fully or partially.
• Biutimi declares that it possesses all rights on the biutimi app that are necessary for any use of the biutimi app or its part by Beauty Treatment Services Provider, for the delegation of License on Beauty Treatment Services Provider, and therefore it dully, in full extent, on its own costs and with professional care settled all copyrights and related rights to the biutimi app.
• Beauty Treatment Services Provider takes into account that all ownership rights and other rights related to the biutimi app are, and during the grant of License still remain, the ownership of the company Biutimi. All intellectual property rights contained in the biutimi app are, and during the grant of the License remain, the ownership of the company Biutimi and may be protected by Copyright Act and other valid legal rules.
• Beauty Treatment Services Provider undertakes that during the existence of Contract, he will use the biutimi app solely in a manner on which the biutimi app is designated and in accordance with these GCTC. Beauty Treatment Services Provider is not entitled:
• to modify the biutimi app in any way, or to interfere into the biutimi app in any other ways than in the way which is enabled by his user interface during the casual use;
• to enable the use of the biutimi app in any way, which would be contrary to the provisions of these GCTC, as well as to other documents related to the use of Biutimi Services, mainly he undertakes not to make the app accessible to any unauthorized persons;
• to use the biutimi app in a way different from the way regulated in these GCTC or contrary to other documents related to the use of Biutimi Services;
• to copy or publicly spread the content of the biutimi app or its part;
• to decompose the biutimi app, to make reverse analysis or to try to obtain the source code of the biutimi app or other Biutimi software in any other ways;
• to transfer the files containing viruses, damaged files or any other programmes, which may damage or adversely affect the functioning of the biutimi app.
• Beauty Treatment Services Provider shall be liable for any damage caused to Biutimi, Customer and/or Third person as a result of breach of any obligations of Beauty Treatment Services Provider under this article of GCTC, or in case of breach of copyrights of Biutimi.
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IX. RENUMERATION

 

• Beauty Treatment Services Provider is entitled to be paid Renumeration by Customer in relation to the provision of Beauty Treatment Services. Renumeration is due at the moment of the provision of Beauty Treatment Services by Beauty Treatment Services Provider to Customer. Contractually agreed Renumeration is Renumeration set by Beauty Treatment Services Provider (usually in the biutimi app) at the moment of the conclusion of Contract on the Provision of Beauty Treatment Services, unless agreed otherwise between Beauty Treatment Services Provider and Customer.
• Renumeration is agreed between Contractual Parties in euros (EUR).
• Customer undertakes to pay the agreed Renumeration directly to Beauty Treatment Services Provider, in cash or by bank transfer, in accordance with the conditions set by Beauty Treatment Services Provider.
• Beauty Treatment Services Provider issues tax documents related to the provision of Beauty Treatment Services as their provider. Customer takes into account that Biutimi is in this sense only the intermediary and not the seller or the provider of Beauty Treatment Services.

X. FEE

 

• Beauty Treatment Services Provider is obliged to pay the Fee (commission) to Biutimi for the use of Services, use of the biutimi app and the use of Platform, on a regular basis, in the amount stated by Biutimi for the individual period of payment chosen by Beauty Treatment Services Provider (monthly, semi-annually, annually). Beauty Treatment Services Provider is entitled to change the period of payment of Fee at any time during the existence of Contract.
• Biutimi reserves the right to unilaterally change (increase or decrease) the amount of Fee. Beauty Treatment Services Provider shall be notified in advance about the change of the amount of Fee by Biutimi.
• The amount of Fee is stated in euros (EUR).
• Fee is payable through the payment gateway available in the biutimi app and shall be automatically charged by Biutimi in the correct amount from the bank card of Beauty Treatment Services Provider, which Beauty Treatment Services Provider specified in his user account for this purpose.
• Biutimi reserves the right to provide Beauty Treatment Services Provider with the usage of Services through the biutimi app free of charge (free trial) only during the existence of Contract and for time period stated by Biutimi, usually first 30 (thirty) days of using Services, starting on the day of proper execution and completion of Beauty Treatment Services Provider Registration and choosing the period of Fee payment to Biutimi by Beauty Treatment Services Provider. Beauty Treatment Services Provider takes into account and agrees that after the termination of stated period for using Services free of charge (free trial) and consequent non-payment of Fee pursuant to the chosen period of payment, the biutimi app may not be available to him in its full version and the usage of Services may be partially limited. Beauty Treatment Services Provider does not have a legal right on usage of Services through the biutimi app for definite period of time free of charge (free trial) and it depends solely on the decision and the conditions of Biutimi.
• Biutimi is entitled to offer to Beauty Treatment Services Provider various discounts and promo codes with the aim of make the usage of Biutimi Services more advantageous, on the time and amount at its own discretion. Conditions related to discounts and the use of promo codes shall usually be properly notified to Beauty Treatment Services Provider by Biutimi. Beauty Treatment Services Provider is not entitled to anyhow modify, copy, depreciate the value of, or handle the promo code in the way, on which it is not designated, unlawfully or contrary to these GCTC and/or Contract. In case if Beauty Treatment Services Provider thinks that the promo code or its usage have the signs of unlawful or fraudulent activity, he undertakes to inform Biutimi without delay. Biutimi is entitled to cancel the promo code provided to Beauty Treatment Services Provider at any time, also without prior notification (e.g. in the case of expiration of validity of the promo code, suspicion on fraudulent or unlawful conduct, faulty issuance of the promo code etc.). To avoid any doubts, Beauty Treatment Services Provider has no legal right on the provision of the discount or promo code and the aforementioned depends solely on the decision of Biutimi.
• For the purpose of these GCTC, Contractual Parties have agreed that the company Biutimi is entitled to count in any mutual receivables of Biutimi and Beauty Treatment Services Provider. Beauty Treatment Services Provider is not entitled to unilaterally count in any of its receivables against Biutimi with the receivables of Biutimi without the prior written consent of Biutimi.

 XI. TERMINATION OF THE CONTRACT

 

Beauty Treatment Services Provider is entitled to terminate Contract at any time, as well as he is entitled to terminate the use of the biutimi app by signing out of its user account in the biutimi app, eventually by its cancellation and uninstallation of the biutimi app.

The company Biutimi is entitled to withdraw from Contract with Beauty Treatment Services Provider with immediate effect in the case of serious breach of obligations of Beauty Treatment Services Provider, also without prior written notice sent to Beauty Treatment Services Provider. For the purpose of these GCTC and/or Contract, the following is considered as a serious breach of the obligation of Beauty Treatment Services Provider:

• the damage or depreciation of the good name, reputation or business activities of Biutimi;
• Beauty Treatment Services Provider does not fulfil and does not ensure the provision of Beauty Treatment Services in accordance with the conditions of Customer in confirmed Order and/or Contract on the Provision of Beauty Treatment Services;
• occurrence of repeated complaints by Customers on Beauty Treatment Services Provider, the practise and behaviour of Beauty Treatment Services Provider, the manner of the provision of Beauty Treatment Services according to Contract or Contract on the Provision of Beauty Treatment Services by Beauty Treatment Services Provider;
• non-payment of Fee by Beauty Treatment Services Provider in the stated time period;
• Beauty Treatment Services Provider breaches any of its obligations under these GCTC, the General Commercial Terms and Conditions for Customers, Contract, Contract on the Provision of Beauty Treatment Services, and/or confirmed Order, or any obligation imposed on him by valid legal rules;
• other serious breach of obligation of Beauty Treatment Services Provider, if this breach will not be redressed and/or eliminated even in the additional time period provided by Biutimi;
• at the own discretion of Biutimi in reasoned cases.
• In reasoned cases, the company Biutimi reserves the right to permanently block and make the user account of Beauty Treatment Services Provider inaccessible, or to ban any other Registration of the individual Beauty Treatment Services Provider. The company Biutimi shall not be liable for any damage, which is caused to Beauty Treatment Services Provider in that case or in the cases of serious breach of the obligations of Beauty Treatment Services Provider pursuant to point 11.2 of these GCTC.
• Contractual Parties are entitled to withdraw from Contract also in other cases stipulated in these GCTC or in the applicable legal rules of the Slovak Republic.
• Contractual Parties have agreed that in the case of (i) the termination of Contract and the termination of using the biutimi app for any reasons, or (ii) withdrawal from Contract for the reasons stated in these GCTC, or (iii) cancellation of the user account of Beauty Treatment Services Provider pursuant to point 11.3 of this article of GCTC, the provided and/or dully taken over performance (mainly the right of Biutimi on payment of Fee) shall not be returned and all provided Services, performance, practises and/or proceedings pursuant to Contract and/or the GCTC shall be ceased.
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XII. FORCE MAJEURE

 

Biutimi shall neither be liable for delay or non-performance of any of the obligations under these GCTC and/or Contract nor for any damage caused as a result of unexpected event outside its influence, mainly the interference of force majeure, fire, floods, war, civil war, sabotage, strike, legal acts, ordinances, orders, legal rules or state regulations and other circumstances outside the control of Biutimi, or which are considered as the circumstances excluding the liability under generally binding legal norms of the Slovak Republic.

XIII. SEVERABILITY CLAUSE

In case that any of the provisions of these GCTC and/or Contract are or will become from any reason invalid, ineffective or unenforceable (obsolete), it does not and it will not have as a result the invalidity, inefficiency or unenforceability of other provisions of these GCTC and/or Contract. Contractual Parties are obliged to negotiate in good faith, so that the invalid, ineffective or unenforceable provision shall be replaced in writing by another provision, which material content will be identical or the most similar to the provision being replaced, while the object and the purpose of these GCTC and/or Contract shall be preserved. Until such agreement is reached as well as in the case if such agreement is not reached at all, other provisions of these GCTC and/or Contract shall be used for the replacement of the invalid, ineffective or unenforceable provision and if such provisions are not existing, then the provisions of Commercial Code and other legal rules valid and effective on the territory of the Slovak Republic, which fulfil the criteria of the previous sentence.

XIV. DELIVERY

 

Written correspondence shall be delivered by the postal services, by courier or by electronic means (e-mail) on the agreed address, on the address of the registered seat or the residence of the opposite Contractual Party, or on the address which is defined by Contractual Parties for this purpose. In case of delivery in person, as the day of delivery shall be deemed the day when the recipient took over or declined to take over the written correspondence. To avoid any doubts, any written correspondence being sent from Biutimi to Beauty Treatment Services Provider or from Beauty Treatment Services Provider to Biutimi, shall be deemed as delivered to the recipient by passing the 5^th (fifth) Working Day after sending the shipment to the last known address, eventually the registered seat of Contractual Party, unless earlier moment of delivery is proven. In case of delivery by courier, as the day of delivery shall be deemed the day when the recipient took over or declined to take over the written correspondence. The written correspondence delivered by e-mail shall be considered as delivered on the day of its sending, unless other date of delivery is proven.

 

XV. APPLICABLE LAW

 

• These GCTC and legal relationships arising on their basis and/or from Contract, or related to these GCTC and/or Contract, or in relation to these GCTC and/or Contract, are governed by the legal order of the Slovak Republic. The aforementioned applies also in the case if Beauty Treatment Services Provider is a foreigner, a foreign person or a person without nationality, unless states otherwise in these GCTC and/or Contract.
• All disputes arising from the legal relationship based on Contract and/or these GCTC, or related to these GCTC and/or Contract, or in relation to these GCTC and/or Contract, including the disputes over the validity, interpretation and the termination of Contract and/or GCTC, Biutimi and Beauty Treatment Services shall preferentially settle by an agreement. If the agreement is not reached, the dispute shall be decided, with the final effect, by the Slovak court in compliance with the rules of territorial, material and functional competence pursuant to Civil Procedural Code.

XVI. FINAL PROVISIONS

• In the cases, which presume the notification of the matters to Beauty Treatment Services Provider under these GCTC by notification through the biutimi app or Website, such notifications are considered as notified to Beauty Treatment Services Provider by their publication in the biutimi app or on Website.
• Biutimi is entitled to change, modify or amend these GCTC at any time. Every modification, amendment or change is effective by the publication of the full version of GCTC in the biutimi app or on Website. Beauty Treatment Services Provider takes into account that the change of these GCTC is not an issue, which would require the conclusion of written amendment to Contract.
• On legal relationships established in accordance with these GCTC and/or Contract, generally binding legal norms of the Slovak Republic are applicable, mostly the relevant provisions of Commercial Code and other valid legal norms of the Slovak Republic.
• On legal relationships between Customer and Beauty Treatment Services Provider and/or on legal relationships established by Contract on the Provision of Beauty Treatment Services, which are not regulated by these GCTC in details, the general commercial terms and conditions of Beauty Treatment Services Provider are applicable as well as the generally binding legal rules of the Slovak Republic, mostly the relevant provisions of Consumer Protection in Distance Sales Act, Consumer Protection Act, Civil Code and other valid legal rules of the Slovak Republic.
• Contractual Parties have agreed that all information exchanged under these GCTC and/or Contract, information to be exchanged or otherwise result from their performance, have the character of confidential information. The breach of the confidential character has the consequences pursuant to the relevant provisions of Commercial Code, even after the termination of the contractual relationship.
• For the purpose of contacting Biutimi under these GCTC and the Contract, Customer is entitled to contact Biutimi in the following way:
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• Biutimi s. r. o.
• Furdekova 2558/17
• 851 04 Bratislava - Petržalka 
• Slovak republic
•  
• Company ID number: 51 844 613
• Tax ID number: 2120814751

• Phone number: +421 915 894 898
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• E-mail: info@biutimi.com
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• Customer support: info@biutimi.com

• These GCTC in their valid version are applicable during the whole period of the validity and effectivity of the legal relationship between Biutimi and Beauty Treatment Services Provider established by Contract, and after their termination until the complete settlement of all claims arising therefrom.
• These GCTC are executed in the Slovak and English language version. In case of any discrepancies or differences between the Slovak and English versions of these GCTC, the Slovak version shall prevail. Additionally, the photocopy or scan of these GCTC is considered as a copy with the relevance of the original, unless proven otherwise.
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GENERAL COMMERCIAL TERMS AND CONDITIONS

FOR CUSTOMERS

 

Biutimi s. r. o.

Furdekova 2558/17, Bratislava - Petržalka 851 04, Slovak Republic

Company ID number: 51 844 613, Tax ID number: 2120814751

 

General Commercial Terms and Conditions valid and effective from 01.08.2020.

 

 

I. PREAMBLE

• These GCTC govern the rights and obligations of Contractual Parties arising from the Contract concluded between Biutimi as the provider of Services and at the same time the intermediary of Beauty Treatment Services, and Customer as the user of Services; govern the rights and obligations relating to the usage of Biutimi Services by Customer and provided by Biutimi through mobile app called “biutimi”; as well as set the principles of the legal relationship between Customer and Biutimi, which is at the same time the operator of the Website www.biutimi.com.
• These GCTC apply on all Contracts concluded between Biutimi and Customer in relation to the usage of the services through the biutimi app, except if Biutimi and Customer conclude specific contract with the content expressly different from these GCTC, while in that case the content of the specific contract shall prevail over these GCTC.
• Customer declares that before the conclusion of the Contract with the company Biutimi, he has acquainted in detail with these GCTC, the General Commercial Terms and Conditions for Beauty Treatment Services Providers and Return Policy of Biutimi, as well as with other documents applicable on the usage of Biutimi Services and available to Customer through the biutimi app or Website.

 

II. DEFINITIONS AND INTERPRETATION

• The terms defined and used in these GCTC are consistent with and have the same meaning as the terms used in all contractual legal relationships between Biutimi and Customer relating to the provided Services, unless stated otherwise by binding legal rules or unless expressly and in written form negotiated otherwise between Contractual Parties.
• Contractual Parties take into account that the provisions of this article of GCTC have not only defining character and purpose, but also normative character and purpose, which means that they set the rights and/or obligations of Contractual Parties and therefore the provisions of this article are binding on Contractual Parties in the same manner as other provisions of these GCTC.
• Unless in these GCTC stated otherwise, the words used in these GCTC in singular are applicable also on plural and vice versa. The words used in masculine grammatical gender shall include also feminine and neuter grammatical genders.
• “Copyright Act” means Act no. 185/2015 Coll. Copyright Act, as amended.
• “Civil Procedural Code” means Act no. 160/2015 Coll. Civil Procedural Code, as amended.
• “Day” means a calendar day.
• “Biutimi” means the company Biutimi s. r. o., with its registered seat at Furdekova 2558/17, Bratislava – Petržalka, 851 04, Slovak Republic, Company ID no.: 51 844 613, company registered in the Commercial Register of the District Court Bratislava I, section: Sro, file no. 130267/B, which is the operator of Website and the biutimi app.
• “biutimi” means mobile app of the company Biutimi, designated for smartphones and for Beauty Treatment Services Providers and Customers to use the Services.
• “Website” means the website www.biutimi.com.
• “Licence” means non-exclusive licence, which represents the consent of Biutimi with the usage of the biutimi app and related Services, i.e. the grant of authorization to exercise the rights to use the biutimi app for the needs of Beauty Treatment Services Provider and Customer.
• “GDPR Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
• “Civil Code” means Act no. 40/1964 Coll. Civil Code, as amended.
• “Commercial Code” means Act no. 513/1991 Coll. Commercial Code, as amended.
• “Order” means individual written order, which consists of filling in and sending the order form for the provision of Beauty Treatment Services by Customer, addressed directly to Beauty Treatment Services Provider through the biutimi app.
• “Renumeration” means the price, which Customer undertakes to pay to Beauty Treatment Services Provider for the provision of Beauty Treatment Services.
• “Platform” means the technology developed by Biutimi, which is a part of the biutimi app and enables Beauty Treatment Services Providers and Customers to mutually communicate and leads to more efficient provision of Beauty Treatment Services to Customers.
• “Entrepreneur” means a person (i) registered in the respective commercial register, (ii) who operates a business on the basis of Trade License, (iii) who operates a business on the basis of authorization other than Trade License, in accordance with specific legal rules, (iv) a person who provides Beauty Treatment Services within its business activities or in relation to its business activities, or a person who states its Company ID Number in Beauty Treatment Services Provider registration.
• “Beauty Treatment Services Provider” means the subject, which entered the contractual relationship with Biutimi through Beauty Treatment Services Provider registration, with the aim of using Services offered by Biutimi through the biutimi app. Beauty Treatment Services Provider is solely (i) natural person – Entrepreneur, or (ii) legal person – Entrepreneur, who has the authorization (Certificate of Trade Authorisation, licence or other authorization) to carry out business activities consisting of the provision of Beauty Treatment Services, eventually of services related to the beautification of the body, cosmetic services, massage services, hairdressing services for men, women and children, or any other services provided and currently offered from Beauty Treatment Services Provider to Customers through the biumi app, and who fulfils the conditions of Biutimi required for Beauty Treatment Services Provider registration. Beauty Treatment Services Provider is entitled to use Services offered by Biutimi also through its employee (Beautician); Beauty Treatment Services Provider for the purpose of these GCTC is also the Beautician.
• “Working Day” means the day from Monday to Friday if this day is not a day of national holiday in the Slovak Republic.
• “Customer Registration” means the creation of permanent user account of Customer in the biutimi app, which enables Customer to use Services provided by Biutimi.
• “Service” means the service provided by Biutimi through the biutimi app consisting mainly, but not exclusively, of the intermediation of providing Beauty Treatment Services from Beauty Treatment Services Provider to Customer and of ensuring the customer support and Platform for efficient communication of Beauty Treatment Services Provider and Customer.
• “Consumer” means a natural person who does not act within the scope of its business activities, employment, or profession during the usage of Services through the biutimi app.
• “Third person” means any natural or legal person, association, foundation, body, other entity, or a person, who has full or partial legal capacity according to the legal system of any jurisdiction.
• “Beautician” means a natural person providing Beauty Treatment Services. For the purpose of these GCTC, Beautician can also be an employee of Beauty Treatment Services Provider.
• “Beauty Treatment Services” means the services provides by Beauty Treatment Services Provider to Customer consisting mainly, but not exclusively, of the provision of cosmetic services, hairdressing services, make-up artist services, nail designer services, or any other beauty treatment services, which include the treatment of face and overall appearance of Customer, as well as massage services or any other services provided and currently offered from Beauty Treatment Services Provider to Customer through the biutimi app; while those services are being provided on the basis of accepted Customer Order and Contract on the Provision of Beauty Treatment Services, and in compliance with Customer requirements.
• “GCTC” means these General Commercial Terms and Conditions in their valid version.
• “Customer” means the subject, which entered the contractual relationship with Biutimi through Customer Registration, with the aim of using Services offered by Biutimi through the biutimi app. For the purpose of these GCTC, Customer is also a subject which ordered Beauty Treatment Services from Beauty Treatment Services Provider through Order.
• “Personal Data Protection Act” means Act no. 18/2018 Coll. on Personal Data Protection, as amended.
• “Consumer Protection Act” means Act no. 250/2007 Coll. on Consumer Protection, as amended.
• “Consumer Protection in Distance Sales Act” means Act no. 102/2014 Coll. on Consumer Protection during Distance Sales of Goods or Provision of Services based on the Distance Contract or Contract Concluded Outside of the Seller´s Business Premises, as amended.
• “Contract” means the contract on the provision of Services concluded between Biutimi as one contractual party and Customer as the second contractual party, concluded solely through the biutimi app or Website without simultaneous physical presence of Biutimi and Customer, concluded outside the business premises of Biutimi, and the subject of which is the provision of Biutimi Services to Customer and the possibility of Customer to use Services provided by Biutimi in accordance with the conditions stipulated in these GCTC and/or Contract.
• “Contract on the Provision of Beauty Treatment Services” means the contract on the provision of Beauty Treatment Services concluded between Beauty Treatment Services Provider as one contractual party and Customer as the second contractual party, subject of which is the provision of Beauty Treatment Services from Beauty Treatment Services Provider to Customer, unless Beauty Treatment Services Provider and Customers agree otherwise.
• “Contractual Parties” mean the contractual parties of contractual legal relationship, while the contractual party of Biutimi is (i) the company Biutimi s. r. o., with its registered seat at Furdekova 2558/17, Bratislava – Petržalka, 851 04, Slovak Republic, Company ID no.: 51 844 613, and the contractual party of Customer is (ii) natural person, who concluded the Contract.

III. INTRODUCTORY PROVISIONS 

• The company Biutimi is the operator of the biutimi app developed with the aim to simplify the searching of Beauty Treatment Services provided to Customers from Beauty Treatment Services Providers within the scope of their business activities, by the means of putting the Beauty Treatment Services Providers in one place, i.e. through the biutimi app. Through the biutimi app, the company Biutimi provides Beauty Treatment Services Providers and Customers with Platform, which connects its users with the aim of their better and more efficient communication and the intermediation of relevant Beauty Treatment Services.
• Through the biutimi app, Biutimi offers to its users mainly the following services:
• the intermediation of Beauty Treatment Services;
• provision of Platform with the aim of using Services and ensuring efficient communication between Beauty Treatment Services Provider and Customer;
• customer support.
• Biutimi is not itself the provider of Beauty Treatment Services and it does not provide Customer with these services in its own name. Biutimi has solely the role of the intermediary for Beauty Treatment Services Provider or Customer, to whom it enables to conclude Contract on the Provision of Beauty Treatment Services with another contractual party through the biutimi app. Beauty Treatment Services Provider concludes Contract on the Provision of Beauty Treatment Services directly with Customer, he provides Customer with Beauty Treatment Services by himself, in his own name, for his account and within the scope of his business activities. Biutimi is not a party to the contractual relationship of Beauty Treatment Services Provider and Customer and shall not be liable for the performance of Contract on the Provision of Beauty Treatment Services. Information about individual Beauty Treatment Services Providers are available in the biutimi app. 
• Biutimi processes the information about Beauty Treatment Services Providers and about provided Beauty Treatment Services solely on the basis of the sources provided by Beauty Treatment Services Provider, therefore Biutimi shall not be liable for any such published content.
• Customer takes into account that the legal relationship between Beauty Treatment Services Provider and Customer is governed not only by these GCTC, but also by the Contract on the Provision of Beauty Treatment Services and eventually by commercial terms and conditions or instructions of Beauty Treatment Services Provider.
• Customer also takes into account that Beauty Treatment Services shall be liable for any losses or damage caused to Customer in relation with Contract on the Provision of Beauty Treatment Services, or as a result of actions or omission to act of Beauty Treatment Services Provider, or as a result of Beauty Treatment Services. Customer hereby explicitly takes into account that Biutimi shall not be liable for any such caused losses or damage and this claim is not a claim against Biutimi, unless stated otherwise in these GCTC or Contract.
• Contractual Parties take into account, that their legal relationship is not an employment relationship and that nothing in these GCTC or in Contract or any other actions of Contractual Party based on these GCTC or Contract does not establish the partnership, joint venture or any other cooperating subject created by and between Contractual Parties.

 

IV. CONCLUSION OF THE CONTRACT

 

• Customer hereby declares that he is fully legally capable and authorized to conclude Contract and undertakes to fulfil all his financial and other obligations arising from Contract.
• Usage of Services through the biutimi app is possible solely on the basis of the registration, by creating a permanent user account through the biutimi app. For this purpose, Customer is obliged to create a permanent user account trough Customer Registration.
• During Customer Registration, Customer shall fill in all mandatory information as well as choose his login information and his own password, which he will use for signing into his user account in the biutimi app. Customer shall keep his password secret and shall not make it available to any Third persons. In case Customer has doubts about the possible misuse of his password or user account login information, he shall immediately change the password and inform Biutimi about this issue.
• Customer explicitly considers and agrees, that the user account created through Customer Registration is dedicated solely for the person who performed, or for whom was performed, Customer Registration and that he is not entitled to make his own user account available to any other persons, as well as he is not entitled to proceed his authorizations and rights relating to the usage of Services to other persons.
• By Customer Registration, Customer undertakes that all information and data provided by Customer to the company Biutimi during the process of Customer Registration, are correct, accurate, complete, and truthful. Biutimi shall not be in any case liable for any damage, which arises to Customer as a consequence of not checking this information by Customer or as a consequence of not properly updating this information.
• After filling in all mandatory data for the purpose of Customer Registration, the verification link will be delivered to Customer on the e-mail address, which Customer stated in the process of Customer Registration. Customer Registration is considered properly completed and Customer is entitled to use Services of the biutimi app by opening the delivered verification link. The Contract is concluded between Contractual Parties by proper execution and completion of Customer Registration. Customer takes into account and agrees, that in certain reasoned cases, the company Biutimi has the right to ban Customer Registration despite fulfilling the requirements of Customer Registration, eventually has the right to restrain the usage of Services in the biutimi app by Customer.
• The usage of Biutimi Services through the biutimi app is being provided to Customer free of charge.

 

V. ORDER AND THE PROVISION OF BEAUTY TREATMENT SERVICES 

 

• The Customer is entitled to make Order of Beauty Treatment Services through the biutimi app by choosing the individual Beauty Treatment Services Provider from the list of available Beauty Treatment Services Providers and by filling in required data, inter alia the date, time and place of providing Beauty Treatment Services and information on the type of required Beauty Treatment Services (hairdressing services, nail design etc.).
• By confirming and sending Order (in the form of filled and sent order form), i.e. by pressing the button “Order with the obligation to pay” through the biutimi app, Customer gives Beauty Treatment Services Provider the binding offer to conclude Contract on the Provision of Beauty Treatment Services.
• After proper and complete sending of Order, the chosen Beauty Treatment Services Provider is entitled to become bound to provide Beauty Treatment Services as required by sent Order. In case of confirming Order and/or in case of negotiating the date, time, and other conditions of the Beauty Treatment Services provision directly between the Beauty Treatment Services Provider and Customer, Contract on the Provision of Beauty Treatment Services is concluded. Any changes of Order after the conclusion of Contract on the Provision of Beauty Treatment Services are considered as the offers on modification of Contract on the Provision of Beauty Treatment Services and are possible solely after mutual agreement of Beauty Treatment Services Provider and Customer.
• Contract on the Provision of Beauty Treatment Services is being concluded on definite period of time and is being terminated by fulfilment of the obligations of Beauty Treatment Services Provider and Customer, or by the settlement of claims arising therefrom, unless agreed otherwise between Beauty Treatment Services Provider and Customer.
• On the basis of Contract on the Provision of Beauty Treatment Services, Beauty Treatment Services Provider undertakes to provide Customer with Beauty Treatment Services dully and on time, in terms of confirmed Order and/or Contract on the Provision of Beauty Treatment Services and in accordance with the requirements of Customer, while Customer undertakes to pay the agreed Renumeration to Beauty Treatment Services Provider.
• The Beauty Treatment Services Provider is obliged to provide Beauty Treatment Services, which are the subject-matter of Contract on the Provision of Beauty Treatment Services, within the agreed time and on address, which was subject to agreement in confirmed Order and/or Contract on the Provision of Beauty Treatment Services.
• Neither Biutimi nor Beauty Treatment Services Provider is liable for delayed or faulty provision of Beauty Treatment Services caused by the breach of these GCTC by Customer and/or as a consequence of uncontrollable events in accordance with the valid legal norms of the Slovak Republic.
• Beauty Treatment Services Provider is entitled to withdraw from the Contract on the Provision of Beauty Treatment Services in the following cases:
• expiration of 15 minutes waiting time, i.e. in the case when Customer will not be present on agreed time in the place of Beauty Treatment Services provision or he will not come to this place;
• Customer requires the provision of Beauty Treatment Services, on which Beauty Treatment Services Provider does not have the relevant authorization or which does not fall within the scope of services provided by Beauty Treatment Services Provider;
• after the conclusion of Contract on the Provision of Beauty Treatment Services, Customer changes the place of Beauty Treatment Services provision and this place falls outside the territory where Beauty Treatment Services Provider provides Beauty Treatment Services;
• after the conclusion of Contract on the Provision of Beauty Treatment Services, Customer changes the date and time of Beauty Treatment Services provision and this date and time is not acceptable by Beauty Treatment Services Provider;
• for any discrepancies between the conditions of Beauty Treatment Services provision and confirmed Order and/or Contract on the Provision of Beauty Treatment Services.
• Customer is entitled to withdraw from Contract on the Provision of Beauty Treatment Services and cancel Order usually within 14 (fourteen) days from the day of the conclusion of Contract on the Provision of Beauty Treatment Services, except the cases (i) if he is not given this right in accordance with the relevant legal rules, mainly in accordance with Art. 7 para. 6 of the Consumer Protection in Distance Sales Act, (ii) or if specially agreed otherwise between Beauty Treatment Services Provider and Customer, or (iii) if stems otherwise from the general commercial terms and conditions of Beauty Treatment Services Provider. If Contract on the Provision of Beauty Treatment Services, based on which Beauty Treatment Services shall be provided to Customer, is concluded before the period for the withdrawal pursuant to the first sentence of this point of GCTC, Customer is entitled to withdraw from Contract on the Provision of Beauty Treatment Services without stating the reasons only until the moment of the beginning of the provision of Beauty Treatment Services (e.g. until the beginning of the confirmed date and time). Withdrawal from Contract on the Provision of Beauty Treatment Services is possible to be submitted in writing or by e-mail directly to Beauty Treatment Services Provider, as well as through the biutimi app.
• Neither Beauty Treatment Services Provider nor Biutimi is liable to Customer for any damage, which arise to him as a consequence of the withdrawal of Beauty Treatment Services Provider from Contract on the Provision of Beauty Treatment Services based on the reasons stated in point 5.8 of these GCTC. Biutimi shall not be liable to Customer for any damage, which arise to him as a consequence of withdrawal from Contract on the Provision of Beauty Treatment Services by Beauty Treatment Services Provider for any reasons.
• Customer takes into account, that he does not have a legal right to the conclusion of Contract on the Provision of Beauty Treatment Services and Biutimi does not guarantee to Customer, in relation with the usage of the biutimi app, the conclusion of Contract on the Provision of Beauty Treatment Services with Beauty Treatment Services Provider in each individual case. The conclusion of Contract on the Provision of Beauty Treatment Services depends solely on the agreement between Beauty Treatment Services Provider and Customer and on the current availability of Beauty Treatment Services Provider for the provision of Beauty Treatment Services.

VI. LIABILITY

 

• Customer explicitly takes into account that Biutimi has solely the role of the intermediary between Beauty Treatment Services Provider and Customer with the aim of conclusion of Contract on the Provision of Beauty Treatment Services. Beauty Treatment Services arising from Contract on the Provision of Beauty Treatment Services are provided to Customer directly by Beauty Treatment Services Providers, who have the business authorization on the provision of Beauty Treatment Services. Biutimi shall neither be liable to Customer for any damage caused as a result of actions or omission to act, or in direct causal link with actions or omission to act of Beauty Treatment Services Provider, nor shall be liable for the quality of provided Beauty Treatment Services.
• Customer uses the possibility of ordering and providing Beauty Treatment Services by Beauty Treatment Services Provider through the biutimi app solely at his own discretion and at his own risk. In case of the occurrence of any damage related to providing or not providing Beauty Treatment Services, as well as actions or omission to act by Beauty Treatment Services Provider, Customer has agreed that solely Beauty Treatment Services Provider is responsible for such damage. Beauty Treatment Services Provider is also liable for the fulfilment of his obligation to provide Beauty Treatment Services dully and on time. In case if Beauty Treatment Services Provider unreasonably caused the delay in the provision of Beauty Treatment Services or he did not provide his services at all, Customer is entitled to claim the compensation of any provably caused damage from Beauty Treatment Services Provider. Beauty Treatment Services Provider may exclude his liability, if he proves that it was not possible to avoid the occurrence of damage despite making all the effort which can be required from him.
• Biutimi shall not be, in any case, liable for any loss of profits or any other accidental or consecutive, indirect, exemplary or sanction damage and compensation, which are caused to Customer as a consequence of using Services through the biutimi app, or based on the contractual relationship between Customer and Beauty Treatment Services Provider.
• Biutimi shall neither be liable to Customer for any damage or losses, which were caused in relation to the usage of the biutimi app or usage of Services, nor shall be liable for any direct or indirect damage on property, monetary losses, lost profits, harm of a good name, reputation, or any other losses or damage.
• Biutimi shall not be liable, in any manner, for the owed amounts from Customers to Beauty Treatment Services Providers, or from Beauty Treatment Services Providers to Customers.
• Biutimi puts maximal effort into ensuring that Beauty Treatment Services Providers, through the biutimi app, fulfil the conditions required by relevant legal rules for the provision of Beauty Treatment Services. The company Biutimi verifies every registration of Beauty Treatment Services Provider, who is interested in the provision of Beauty Treatment Services through the biutimi app; it binds Beauty Treatment Services Provider to regular update of information and emphasizes the fulfilment of legal obligations and liability of Beauty Treatment Services Provider. In spite of that, Biutimi is not able to ensure and is not liable for the fact that Beauty Treatment Services Provider will be authorized to provide Beauty Treatment Services at every moment and that he fulfils all requirements for their provision.
• Biutimi shall not be liable to Customer for any damage caused by incorrect usage of the biutimi app and related loss of data, for any damage caused by the impossibility to use the biutimi app because of hardware and/or software of the technical device (computer, mobile phone), through which Customer uses the biutimi app. Biutimi shall not be liable for insufficient internet connection of Customer, which is necessary to use Services. Biutimi shall not be liable for any cuts while using the biutimi app caused by the network overload.
• Biutimi shall not be liable to Customer for any damage caused by incorrect use of the biutimi app, including the damage caused by incorrect application of information contained or resulting from the biutimi app. Biutimi shall also not be liable for the content and scope of the data and information saved by Customer through the biutimi app.
• Customer takes into account that Website, the content and the biutimi app are provided in the form “as-is”, without any guarantees. Biutimi does not guarantee to Customer that the biutimi app will always be without any faults and defects and always available. In case of any technical error of the biutimi app, Biutimi undertakes to eliminate the faults and defects of the biutimi app without delay in the shortest possible time period, and in a way that the biutimi app shall be available and functional to Customer. Biutimi shall also not be liable in case if it temporarily or permanently terminates the provision of Services through the biutimi app or their part.
• Biutimi shall not be liable for the correctness of information and does not offer any guarantee for any information, which are available to Customer through the biutimi app or Website and which were provided by the person other than Biutimi.

VII. LICENSING 

 

• Biutimi grants the License to Customer, that is the consent of Biutimi with the usage of the biutimi app and related Services for the needs of Customer in unlimited scope, without any material or territorial restrictions and for indefinite period of time.
• License is granted to Customer as non-exclusive.
• License is granted to Customer solely for the period of validity and effectiveness of Contract. After the termination of Contract, Customer is not entitled to use the biutimi app and Biutimi reserves the right to block, delete or remove the user account of Customer without any previous notification.
• Customer is not entitled to grant License or its part under these GCTC to any Third persons (the so-called sub-license) or to enable any Third persons the access to the biutimi app.
• Customer is not entitled to delegate License on any Third persons, fully or partially.
• Biutimi declares that it possesses all rights on the biutimi app that are necessary for any use of the biutimi app or its part by Customer, for the delegation of License on Customer, and therefore it dully, in full extent, on its own costs and with professional care settled all copyrights and related rights to the biutimi app.
• Customer takes into account that all ownership rights and other rights related to the biutimi app are, and during the grant of License still remain, the ownership of the company Biutimi. All intellectual property rights contained in the biutimi app are, and during the grant of the License remain, the ownership of the company Biutimi and may be protected by Copyright Act and other valid legal rules.
• Customer undertakes that during the existence of Contract, he will use the biutimi app solely in a manner on which the biutimi app is designated and in accordance with these GCTC. Customer is not entitled:
• to modify the biutimi app in any way, or to interfere into the biutimi app in any other ways than in the way which is enabled by his user interface during the casual use;
• to enable the use of the biutimi app in any way, which would be contrary to the provisions of these GCTC, as well as to other documents related to the use of Biutimi Services, mainly he undertakes not to make the app accessible to any unauthorized persons;
• to use the biutimi app in a way different from the way regulated in these GCTC or contrary to other documents related to the use of Biutimi Services;
• to copy or publicly spread the content of the biutimi app or its part;
• to decompose the biutimi app, to make reverse analysis or to try to obtain the source code of the biutimi app or other Biutimi software in any other ways;
• to transfer the files containing viruses, damaged files or any other programmes, which may damage or adversely affect the functioning of the biutimi app.
• Customer shall be liable for any damage caused to Biutimi, Beauty Treatment Services Provider and/or Third person as a result of breach of any obligations of Customer under this article of GCTC, or in case of breach of copyrights of Biutimi.

 

VIII. RENUMERATION 

 

• Beauty Treatment Services Provider is entitled to be paid Renumeration by Customer in relation to the provision of Beauty Treatment Services. Renumeration is due at the moment of the provision of Beauty Treatment Services by Beauty Treatment Services Provider to Customer. Contractually agreed Renumeration is Renumeration set by Beauty Treatment Services Provider (usually in the biutimi app) at the moment of the conclusion of Contract on the Provision of Beauty Treatment Services, unless agreed otherwise between Beauty Treatment Services Provider and Customer.
• Renumeration is agreed between Contractual Parties in euros (EUR).
• Customer undertakes to pay the agreed Renumeration directly to Beauty Treatment Services Provider, in cash or by bank transfer, in accordance with the conditions set by Beauty Treatment Services Provider.
• Beauty Treatment Services Provider issues tax documents related to the provision of Beauty Treatment Services as their provider. Customer takes into account that Biutimi is in this sense only the intermediary and not the seller or the provider of Beauty Treatment Services.

 

IX. TERMINATION OF THE CONTRACT 

 

Customer is entitled to terminate Contract at any time, as well as he is entitled to terminate the use of the biutimi app by signing out of its user account in the biutimi app, eventually by its cancellation and uninstallation of the biutimi app.

• In reasoned cases (e.g. the breach of conditions of these GCTC, the protection of good name of Biutimi or Beauty Treatment Services Provider etc.), the company Biutimi reserves the right to withdraw from Contract with Customer, to block and make the user account of Customer permanently inaccessible, or to ban any other Customer Registration of the individual Customer. The company Biutimi shall not be liable for any damage, which is caused to Customer in that case.
• Contractual Parties are entitled to withdraw from Contract also in other cases stipulated in these GCTC or in the applicable legal rules of the Slovak Republic.

 

X. PERSONAL DATA

 

• The controller of personal data is the company Biutimi s. r. o., with its registered seat at Furdekova 2558/17, Bratislava – Petržalka, 851 04, Slovak Republic, Company ID no.: 51 844 613, company registered in the Commercial Register of the District Court Bratislava I, section: Sro, file no. 130267/B and it processes the personal data in compliance with GDRP Regulation and Personal Data Protection Act.
• Biutimi undertakes to comply with the provisions of Personal Data Protection Act. More detailed information on the processing of personal data by Biutimi can be found on Website in the section “Personal Data Protection”.

 

XI. FORCE MAJEURE 

 

Biutimi shall neither be liable for delay or non-performance of any of the obligations under these GCTC and/or Contract nor for any damage caused as a result of unexpected event outside its influence, mainly the interference of force majeure, fire, floods, war, civil war, sabotage, strike, legal acts, ordinances, orders, legal rules or state regulations and other circumstances outside the control of Biutimi, or which are considered as the circumstances excluding the liability under generally binding legal norms of the Slovak Republic.

XII. SEVERABILITY CLAUSE 

In case that any of the provisions of these GCTC and/or Contract are or will become from any reasons invalid, ineffective or unenforceable (obsolete), it does not and it will not have as a result the invalidity, inefficiency or unenforceability of other provisions of these GCTC and/or Contract. Contractual Parties are obliged to negotiate in good faith, so that the invalid, ineffective or unenforceable provision shall be replaced in writing by another provision, which material content will be identical or the most similar to the provision being replaced, while the object and the purpose of these GCTC and/or Contract shall be preserved. Until such agreement is reached as well as in the case if such agreement is not reached at all, other provisions of these GCTC and/or Contract shall be used for the replacement of the invalid, ineffective or unenforceable provision and if such provisions are not existing, then the provisions of Consumer Protection in Distance Sales Act, Consumer Protection Act, Civil Code and other legal rules valid and effective on the territory of the Slovak Republic, which fulfil the criteria of the previous sentence.

XIII. DORUČOVANIE

 

Written correspondence shall be delivered by the postal services, by courier or by electronic means (e-mail) on the agreed address, on the address of the registered seat or the residence of the opposite Contractual Party, or on the address which is defined by Contractual Parties for this purpose. In case of delivery in person, as the day of delivery shall be deemed the day when the recipient took over or declined to take over the written correspondence. To avoid any doubts, any written correspondence being sent from Biutimi to Customer or from Customer to Biutimi, shall be deemed as delivered to the recipient by passing the 5^th (fifth) Working Day after sending the shipment to the last known address, eventually the registered seat of Contractual Party, unless earlier moment of delivery is proven. In case of delivery by courier, as the day of delivery shall be deemed the day when the recipient took over or declined to take over the written correspondence. The written correspondence delivered by e-mail shall be considered as delivered on the day of its sending, unless other date of delivery is proven.

 

XIV. APPLICABLE LAW 

 

• These GCTC and legal relationships arising on their basis and/or from Contract, or related to these GCTC and/or Contract, or in relation to these GCTC and/or Contract, are governed by the legal order of the Slovak Republic. The aforementioned applies also in the case if Customer is a foreigner, a foreign person or a person without nationality, unless states otherwise in these GCTC and/or Contract.
• All disputes arising from the legal relationship based on Contract and/or these GCTC, or related to these GCTC and/or Contract, or in relation to these GCTC and/or Contract, including the disputes over the validity, interpretation and the termination of Contract and/or GCTC, Biutimi and Customer shall preferentially settle by an agreement. If the agreement is not reached, the dispute shall be decided, with the final effect, by the Slovak court in compliance with the rules of territorial, material and functional competence pursuant to Civil Procedural Code.

 

XV. FINAL PROVISIONS 

• In the cases, which presume the notification of the matters to Customer under these GCTC by notification through the biutimi app or Website, such notifications are considered as notified to Customer by their publication in the biutimi app or on Website.
• Biutimi is entitled to change, modify or amend these GCTC at any time. Every modification, amendment or change is effective by the publication of the full version of GCTC in the biutimi app or on Website. Customer takes into account that the change of these GCTC is not an issue, which would require the conclusion of written amendment to Contract.
• On legal relationships established in accordance with these GCTC and/or Contract, generally binding legal norms of the Slovak Republic are applicable, mostly the relevant provisions of Civil Code, Consumer Protection in Distance Sales Act, Consumer Protection Act, and other valid legal norms of the Slovak Republic.
• On legal relationships between Customer and Beauty Treatment Services Provider and/or on legal relationships established by Contract on the Provision of Beauty Treatment Services, which are not regulated by these GCTC in details, the general commercial terms and conditions of Beauty Treatment Services Provider are applicable as well as the generally binding legal rules of the Slovak Republic, mostly the relevant provisions of Consumer Protection in Distance Sales Act, Consumer Protection Act, Civil Code and other valid legal rules of the Slovak Republic.
• Contractual Parties have agreed that all information exchanged under these GCTC and/or Contract, information to be exchanged or otherwise result from their performance, have the character of confidential information. The breach of the confidential character has the consequences pursuant to the relevant provisions of Commercial Code, even after the termination of the contractual relationship.
• For the purpose of contacting Biutimi under these GCTC and Contract, Customer is entitled to contact Biutimi in the following way:
• 
  
• Biutimi s. r. o.
• Furdekova 2558/17
• 851 04 Bratislava - Petržalka 
• Slovak republic
•  
• Company ID number: 51 844 613
• Tax ID number: 2120814751

• Phone number: +421 915 894 898
• 
  
• E-mail: info@biutimi.com
• 
  
• Customer support: info@biutimi.com

• These GCTC in their valid version are applicable during the whole period of the validity and effectivity of the legal relationship between Biutimi and Cutomer established by Contract, and after their termination until the complete settlement of all claims arising therefrom.
• These GCTC are executed in the Slovak and English language version. In case of any discrepancies or differences between the Slovak and English versions of these GCTC, the Slovak version shall prevail. Additionally, the photocopy or scan of these GCTC is considered as a copy with the relevance of the original, unless proven otherwise.
• The general subject of market control for the consumer protection at the internal market is, in accordance with Act no. 128/2002 Coll. on State Control of Internal Market in the Consumer Protection Issues, as amended:
• 
  
• Slovak Trade Inspection
• The Inspectorate of the Slovak Trade Inspection for the region of Bratislava
• with its registered seat at Bajkalská 21/A, P. O. BOX no. 5, 820 07 Bratislava, Slovak Republic
• Department of Controlling, phone number 02/58 27 21 72, 02/58 27 21 04
• Department of Consumer Protection, phone number 02/58 27 21 56
• http://www.soi.sk
• https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

 

 

RETURN POLICY 

 

Biutimi s. r. o.

Furdekova 2558/17, Bratislava – Petržalka 851 04, Slovak Republic

Company ID number: 51 844 613, Tax ID number: 2120814751

Phone: +421 915 894 898, e-mail: info@biutimi.com

 

 

I. INTRODUCTORY PROVISIONS

 

• Biutimi issues the following Return Policy in order to ensure fast and correct procedures when handling the Reclamations as well as in order to properly inform the Customers and Beauty Treatment Services Providers about the conditions and the ways of claiming the Reclamation of Services provided by Biutimi (hereinafter referred to as “Return Policy”).
• To avoid any doubts, this Return Policy does not apply on reclamations of provision of Beauty Treatment Services or Beauty Treatment Services provided by individual Beauty Treatment Services Providers. For reclamations, complaints or claims of Customers relating to the provision of Beauty Treatment Services or provided Beauty Treatment Services, is solely responsible Beauty Treatment Services Provider, which usually has its own return policy elaborated for this purpose.
• Return Policy generally governs all legal relationships between (i) Biutimi and Customer or (ii) Biutimi and Beauty Treatment Services Provider when claiming and handling the Reclamations of Customer or Beauty Treatment Services Provider in relation to the quality, imperfections or defects in the provision of Services. Return Policy is inseparable part of the General Commercial Terms and Conditions for Beauty Treatment Services Providers, of the General Commercial Terms and Conditions for Customers, of the Contract concluded between Biutimi and Customer as well as between Biutimi and Beauty Treatment Services Provider, and of other documents applicable on the usage of Biutimi Services and available to Beauty Treatment Services Provider or Customer through the biutimi app and Website.
• For the purpose of this Return Policy, the term Reclamation shall have the meaning of a written submission of the Customer or Beauty Treatment Services Provider, which contains the request of Customer or Beauty Treatment Services Provider for quality check, the notification of defects or other imperfections relating to Biutimi Services pursuant to this Return Policy and applicable legal rules (hereinafter referred to as “Reclamation”).
• Biutimi shall not be liable for any actions or omission to act of Beauty Treatment Services Provider or Customer, as well as shall not be liable for the performance of Contract on the Provision of Beauty Treatment Services. Contractual relationship based on Contract on the Provision of Beauty Treatment Services is concluded between Beauty Treatment Services Provider and Customer and is primarily governed by Contract on the Provision of Beauty Treatment Services as well as eventual general commercial terms and conditions or instructions of Beauty Treatment Services Provider. 
• In case any damage occurs to Customer in relation to the provision of Biutimi Services or Beauty Treatment Services, or in relation to Contract or Contract on the Provision of Beauty Treatment Services, Customer shall claim the damage directly against the subject (Beauty Treatment Services Provider or Biutimi), which is liable for the damage pursuant to the General Commercial Terms and Conditions for Beauty Treatment Services Providers or the General Commercial Terms and Conditions for Customers, or pursuant to other documents applicable on the usage of Biutimi Services available to Beauty Treatment Services Provider or Customer through biutimi app and Website, or pursuant to valid legal rules. For this purpose, Biutimi is entitled to offer cooperation to the Customer and if needed, Biutimi is entitled to provide Customer with contact details of Beauty Treatment Services Provider in order to duly claim the rights of Customer against the subject in breach. To avoid any doubts, Customer takes into account that the company Biutimi is entitled to provide this information to Customer only in case of claiming legitimate or reasonable reclamation or claiming the damage. Customer shall not have the legal right to obtain this information and the provision of this information is left solely upon the decision of Biutimi. The provision of this point of Return Policy is accordingly applicable on cases in which the claim for the damage arises for Beauty Treatment Services Provider against Customer. 

 

• II. THE WAY OF CLAIMING THE RECLAMATION
• 
  
• The Customer or Beauty Treatment Services Provider is obliged to claim the Reclamation immediately upon finding the claimed fact, no later than 30 (in words: thirty) days from the provision of the claimed Service from Biutimi.
• The Customer or Beauty Treatment Services Provider is entitled to claim the Reclamation in writing by one of the following ways:
• scan by electronic means (e-mail) on the e-mail address: info@biutimi.com, or
• in written form on the address: Biutimi s.r.o., Furdekova 17, 851 04 Bratislava
• The Reclamation shall be qualified, i.e. the Reclamation must expressly contain who is submitting it, what he claims, and the Reclamation must be claimed without any delays within the time period stated in point 2.1 of this Return Policy.
• In the Reclamation, Customer or Beauty Treatment Services Provider shall include particularly his identification data and the detailed description of the claimed fact (the reasoning of Reclamation), as well as his requirements on the elimination of the defect and on remedy. In his own interest, Customer or Beauty Treatment Services Provider shall attach all documents capable of proving the claimed facts. The time period for handling the Reclamation commences on the day, when all claimed facts were proved to Biutimi and proving of these facts from Customer or Beauty Treatment Services Provider is necessary for proper conduct and termination of the Reclamation proceedings.

 

III. RECLAMATION PROCEEDINGS

• In case of claiming the Reclamation via the means of distant communication (that means not in person), Biutimi immediately delivers to Customer or Beauty Treatment Services Provider the confirmation of the Reclamation claim. If this confirmation of the Reclamation claim cannot be delivered immediately, it shall be delivered without delay, at the latest together with the document on the handling of the Reclamation. The confirmation of the Reclamation claim does not have to be delivered, if Customer of Beauty Treatment Services Provider has the possibility to prove the Reclamation claim by any other means.
• The Customer or Beauty Treatment Services Provider shall provide Biutimi with cooperation necessary for the handling of the Reclamation.
• The Reclamation of the Customer shall generally be handled immediately, in complicated cases no later than 3 (three) days from the day of the Reclamation claim. In reasonable cases, particularly if complicated assessment of the Reclamation is required, the Reclamation of the Customer shall be handled no later than 30 (thirty) days from the day of the Reclamation claim. Biutimi shall issue the written document on the handling of the Reclamation to Customer no later than 30 (thirty) days from the day of the Reclamation claim.
• The Reclamation of Beauty Treatment Services Provider shall generally be handled within 60 (sixty) Working days. Biutimi shall issue the written document on the handling of the Reclamation to Beauty Treatment Services Provider no later than 60 (sixty) days from the day of the Reclamation claim.

IV. THE WAY OF HANDLING THE RECLAMATION

• Biutimi shall continuously inform the Customer or Beauty Treatment Services Provider about the procedure and the way of handling the Reclamation.
• The handling of the Reclamation shall mean the termination of reclamation proceedings in one of the following ways: (i) handling the Reclamation, in its entirety or in part, in accordance with the requirements of Customer or Beauty Treatment Services Provider stated in the Reclamation, or (ii) reasoned dismissal of the Reclamation.
• The Customer shall have the right to compensate the costs incurred for the purpose of reasonable and proper Reclamation claim. This right shall be claimed at Biutimi no later than 1 (one) month from the day of Reclamation termination, otherwise this right expires. Beauty Treatment Services Provider shall not have this right in any case.
• The Customer, who is a natural person – Consumer shall have the right to address Biutimi with the request for remedy, sent to the address of the registered seat of Biutimi or to the e-mail address info@biutimi.com, in case he is not satisfied with the way of handling his Reclamation by Biutimi or in case he believes that Biutimi has breached his rights by any other means. If Biutimi dismisses the request for remedy or fails to respond within 30 (thirty) days from the day of its sending, the Customer shall have the right to address the subject of alternative dispute resolutions in accordance with the relevant provisions of the Act on Alternative Dispute Resolutions with the aim to protect his consumer rights, and to try to reach a dispute settlement agreement in the legally prescribed procedure. Alternative dispute resolution is not applicable on disputes with the quantifiable value of no more than 20,00 EUR. Alternative dispute resolution concerns only the disputes between the Customer – Consumer and Biutimi, arising from Contract or relating to Contract. Biutimi emphasizes the point 1.5 of this Return Policy, according to which Customer enters the contractual and legal relationship directly with Beauty Treatment Services Provider by concluding Contract on the Provision of Beauty Treatment Services. The subject of alternative dispute resolution is:
• 
  
• Slovak Trade Inspection
• Central Inspectorate
• Department of International Relations and Alternative Dispute Resolution
• with the registered seat at: Bajkalská 21/A, p. p. 29, 827 99 Bratislava 27, Slovak Republic
• email: ars@soi.sk , adr@soi.sk
• 
  
• while more details are available at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi in Slovak language, or the competent authorized legal person registered in the list of alternative dispute resolution subjects administered by the Ministry of Economy of the Slovak republic (the list is available on the website: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1). In case Contract was concluded electronically, Customer can use on-line dispute resolution platform for the resolution of his dispute, which is available on the website http://ec.europa.eu/consumers/odr/. All other rights and obligations of Biutimi and Customer relating to the alternative dispute resolution are governed by the provisions of the Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution, as amended.