Terms and Conditions for Salon Partners

for the use of the Salonado platform by salons. For end customers, the Terms of Use apply.

§ 1 Scope of Application and Provider

(1) These Terms and Conditions (hereinafter "Terms") apply to all contracts between Salonado, Viktor Töws, Röpkestraße 61, 40235 Düsseldorf, Germany (hereinafter "Salonado", "we") and operators of hairdressing, beauty and comparable businesses (hereinafter "Salon" or "Partner") concerning the use of the Salonado platform, available at salonado.com and via any mobile applications (apps) of Salonado (together hereinafter the "Platform").

(2) The offering is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code). By registering, the Partner confirms that they are acting in the exercise of their commercial or self-employed professional activity.

(3) Deviating terms and conditions of the Partner do not apply, even if Salonado does not expressly object to their application.

§ 2 Subject Matter of the Contract

(1) Salonado provides the Partner with a platform through which the Partner can publish a salon profile with their services, prices, opening hours, images and other information, and receive and manage online bookings from end customers (hereinafter "Customers"). The scope of functions includes in particular an appointment calendar, booking management, staff management and, optionally, the processing of online payments in accordance with § 6.

(2) Contracts for the booked services are concluded exclusively between the Customer and the Partner. In this respect, Salonado acts as an intermediary and does not become a party to the contract.

(3) Salonado continuously develops the Platform and may change or add features, provided the core scope of functions under paragraph 1 is maintained and the change is reasonable for the Partner.

§ 3 Registration and Conclusion of Contract

(1) The usage contract is concluded upon completion of the Salon's registration on the Platform.

(2) The Partner is obliged to provide truthful and complete information during registration and in the salon profile and to keep this information up to date. Access credentials must be kept confidential and protected against access by unauthorised third parties.

(3) Salonado may make the activation of a salon profile subject to a verification of the information provided and may refuse admission without stating reasons.

§ 4 Trial Period, Fees and Payment

(1) Use of the Platform is free of charge for the Partner during the first three months after registration (trial period). After the trial period expires, the usage fee is 9 euros per month plus statutory value added tax.

(2) The fee is a flat rate. Salonado does not charge any commissions or revenue-based fees on the bookings arranged via the Platform. Fees charged by the payment service provider for online payments (§ 6) remain unaffected.

(3) Before the trial period expires, the Partner will be notified in text form that the fee obligation is about to begin. If the Partner does not continue to use the Platform or terminates the contract, no costs are incurred.

(4) Salonado will notify the Partner of changes to the fee in text form at least six weeks before they take effect. In this case, the Partner may terminate the contract for cause before the change takes effect.

§ 5 Obligations of the Partner

(1) The Partner shall ensure that the services, prices and availability stated in their profile are accurate. The prices displayed must be final prices inclusive of statutory value added tax.

(2) The Partner shall perform appointments booked via the Platform properly and at the confirmed times. If an appointment cannot be kept, the Partner shall inform the Customer without undue delay and, where possible, offer an alternative appointment.

(3) The Partner is solely responsible for complying with the statutory requirements applicable to their business, in particular trade, craft, hygiene and price regulations as well as their tax obligations.

(4) The Partner is responsible for the content they post (in particular texts and images). The Partner shall ensure that this content does not infringe the rights of third parties and grants Salonado the right to use and display it for the purpose of operating and promoting the Platform.

(5) The Partner is prohibited from misusing the Platform, in particular through fake profiles, manipulated reviews, redirecting bookings to circumvent the Platform during ongoing booking processes, or interference with the technical infrastructure.

§ 6 Online Payments via Stripe

(1) The Partner may activate online payments from Customers via the payment service provider Stripe (Stripe Payments Europe, Ltd.). This requires the Partner's own Stripe account (Stripe Connect) and the successful completion of the identification and verification procedures required by Stripe.

(2) Payments from Customers are collected via Stripe directly for the benefit of the Partner and paid out by Stripe to the Partner. Salonado does not provide any payment services and does not obtain any power of disposal over the payment amounts.

(3) The contractual relationship between the Partner and Stripe is governed by Stripe's terms, including the fees set out therein. These are borne by the Partner.

(4) Refunds to Customers, for example in the event of cancellations of paid bookings, are the responsibility of the Partner and are governed by the Partner's conditions and the statutory provisions.

§ 7 Presentation and Ranking in Search Results

(1) The order in which Salons are displayed in search results is determined by the following main parameters within the meaning of Regulation (EU) 2019/1150: correspondence with the Customer's search criteria (in particular location or radius and the selected category or service), average rating and number of reviews. The parameters are the same for all Partners; the ranking cannot be influenced by payment.

(2) Salonado will notify Partners of changes to the main parameters in text form.

§ 8 Reviews

(1) Customers may review the Partner on the Platform. The Partner is entitled to the removal of a review only if it violates the Terms of Use or statutory provisions.

(2) The Partner may report objections to reviews via our contact form, stating the reasons. Salonado will examine the objection and remove unlawful reviews.

(3) The Partner is prohibited from manipulating reviews, in particular through their own or commissioned reviews or by granting benefits in return for positive reviews.

§ 9 Availability

Salonado endeavours to provide the Platform with as few interruptions as possible. There is no entitlement to constant availability; maintenance work, further development and technical faults may lead to temporary restrictions. Where possible, Salonado schedules announced maintenance windows during periods of low usage.

§ 10 Restriction, Suspension and Termination of the Services

(1) If the Partner violates these Terms or statutory provisions, Salonado may, after prior warning, or in serious cases without prior warning, temporarily restrict or suspend the salon profile. Before or at the latest when the measure takes effect, the Partner will receive a statement of reasons in text form and the opportunity to respond.

(2) If Salonado terminates the provision of the services to the Partner in their entirety, it will do so stating the reasons and with at least 30 days' notice in text form, unless immediate termination is required for legal reasons or due to repeated violations of these Terms.

§ 11 Liability

(1) Salonado is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, and under the German Product Liability Act. In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the Partner may regularly rely), liability is limited to the foreseeable damage typical for this type of contract. In all other respects, liability is excluded.

(2) Salonado is not liable for the conduct of Customers, in particular not for their attendance at booked appointments or for payment on site.

§ 12 Contract Term and Termination

(1) The contract runs for an indefinite period. The Partner may terminate it at any time with one month's notice to the end of the month, and Salonado with 30 days' notice in accordance with § 10(2).

(2) The right to extraordinary termination for cause remains unaffected.

(3) Upon termination of the contract, the salon profile is deactivated. The Partner must nevertheless honour appointments already booked with Customers or cancel them in good time.

§ 13 Changes to These Terms and Conditions

Salonado may amend these Terms with effect for the future. The Partner will be notified of changes in text form at least 15 days before they take effect. If the Partner does not object before the changes take effect or continues to use the Platform thereafter, the amended Terms are deemed accepted; this will be pointed out separately in the notification. The Partner may terminate the contract before the change takes effect.

§ 14 Complaints and Contact

The Partner may address complaints relating to the Platform, the presentation of their profile or individual measures to us via our contact form. Salonado examines complaints promptly and communicates the outcome in text form.

§ 15 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Partner is a merchant within the meaning of the HGB (German Commercial Code), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Düsseldorf.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.