I. Scope of application
1. These General Terms and Conditions (hereinafter: "GTC") apply to legal transactions as defined in Section III that are entered into by customers with HAARKLINIK .
2. HAARKLINIK reserves the right to amend these Terms and Conditions at any time. For each legal transaction, the version of the Terms and Conditions that is physically or electronically attached to the contract at the time of its conclusion shall apply. Any conflicting terms and conditions of the customers shall not apply.
II Contracting parties
1. The service provider and seller is HAARKLINIK , Pfingstweidstrasse 60a, 8005 Zurich (hereinafter: " HAARKLINIK").
2. the recipient of the service and purchaser is the person who places the order (hereinafter: "Customer").
III Subject matter of the contract
The subject matter of the legal transactions governed by these Terms and Conditions is the provision of cosmetic—i.e., non-medical and non-invasive—trichology treatments and/or the sale of products for self-treatment. You have the option of having trichology treatments performed HAARKLINIK specialists at the HAARKLINIK and supplementing them with self-treatment at home using the purchased products, or of performing the trichology treatments exclusively on your own at home using the purchased products.
IV. Offer / Acceptance / Conclusion of contract
1. The offer is made when HAARKLINIK , after assessing the customer’s needs and determining the appropriate treatment during an analysis and consultation appointment—either in person or via email—submits a treatment proposal HAARKLINIK customer, accompanied by the contract and these Terms and Conditions.
2. The contract is concluded when the customer signs the contract and HAARKLINIK it HAARKLINIK . If the contract is concluded via email, the customer’s written consent via email is sufficient.
V. Payment
1. the customer is obliged to pay in advance. The following payment options are available:
- Credit card on site
- Debit card on site
- Purchase on account / bank transfer
- Purchase with installment payment
2. For purchases on account, payment is due within 14 days. If payment is not made or transferred within 14 days, the customer is automatically in default without further notice, and HAARKLINIK reserves the right HAARKLINIK remedies HAARKLINIK default, including termination of the contract. In the event of contract termination by HAARKLINIK , the customer HAARKLINIK HAARKLINIK a flat-rate compensation fee of CHF 200. Additionally, the customer will be billed for any trichology treatments and/or analyses already received, as well as for any products that have already been opened or HAARKLINIK not HAARKLINIK to HAARKLINIK unopened and undamaged within 30 days of contract termination. No charges will apply for trichology treatments and/or analyses not yet received, as well as for unopened, undamaged products returned within 30 days of contract termination.
3. in the case of purchases with installment payments, the due dates of the installment payments are specified in the individual invoices. If the customer misses a payment date, section V. 2. above shall apply mutatis mutandis.
VI Postponement / delay / non-appearance at treatment or analysis appointments
1. agreed treatment and analysis appointments can be canceled or postponed by the customer free of charge at least 4 hours before the start of the appointment.
2. In exceptional cases (such as unexpected staff absences or similar circumstances), HAARKLINIK may also HAARKLINIK agreed-upon treatment and analysis appointments. In such cases, the client will be notified as soon as possible, and a free alternative appointment will be scheduled with her. In this scenario, the client is not entitled to a refund or to terminate the treatment.
3. If the customer fails to show up without providing at least 4 hours’ notice prior to the start of the appointment, she shall owe HAARKLINIK cancellation fee of CHF 100. At the customer’s request, a free rescheduled appointment will be arranged.
4. if the client arrives late, she shall only be entitled to treatment for the remaining originally agreed treatment time, provided that the clinic's capacities are exhausted. If the treatment can no longer be reasonably carried out due to the delay, Clause VI 3. above shall apply.
VII Cancellation or termination of treatment
1. Both the client and HAARKLINIK cancel or discontinue the treatment at any time.
2. in the event of cancellation or termination by the customer, the remuneration shall remain owed unless the customer has declared withdrawal within 14 days of conclusion of the contract within the meaning of Clause XIII. In this case, the claim for reimbursement shall be governed by Clause XIII.
3. The financial consequences of a cancellation or termination by HAARKLINIK late payment are governed by Section V2. In addition, HAARKLINIK reserves HAARKLINIK right to cancel or terminate a treatment for objective reasons (e.g., repeated failure to attend appointments). In this case, the customer will be billed for trichology treatments and/or analyses already received, as well as for products not HAARKLINIK to HAARKLINIK unopened and undamaged within 30 days of cancellation or termination. No charges will apply for trichology treatments and/or analyses not yet received, as well as unopened, undamaged products returned within 30 days of cancellation or termination.
VIII. Handover / shipment of products
1. the products for self-treatment at home are handed over to the customer directly on site or sent home by post as desired. The shipping costs are borne by the customer.
2. in the case of postal dispatch, the customer will be informed of the delivery information (expected delivery date, tracking number) by separate e-mail. The estimated delivery date is non-binding, and in exceptional cases there may be delays in delivery. In such a case, the customer will be informed of the expected new delivery date by e-mail.
3. If an ordered product is temporarily unavailable and the delivery delay for the product extends more than 30 days beyond the originally announced delivery date, the customer may cancel the contract with HAARKLINIK that product. This right of withdrawal applies only to the product affected by the delivery delay, while the rest of the contract remains unaffected. The purchase price of the affected product will be refunded in full to the customer.
IX. Duty to inspect and report
1. It is the customer’s responsibility to inspect the products handed over or delivered immediately upon receipt, in particular to verify whether they are defective, i.e., whether (1.) the correct products (2.) in the correct quantity (3.) free of defects (i.e., in accordance with the contractual specifications) and (4.) undamaged were handed over or delivered. In the event of a defective delivery, the customer must notify HAARKLINIK 14 days of receipt, providing a detailed description and documentation of the defect. Upon expiration of this period, the delivery is deemed approved and thus free of defects. Accordingly, failure to comply with this obligation to inspect and report within the specified period precludes any claim for a replacement delivery or refund. If the obligation to inspect and report is fulfilled within the deadline, Section X below applies.
2. In the event of a product defect (a discrepancy between the product’s characteristics and the quality specified in the contract) that was not apparent upon receipt and inspection of the product (hidden defect), the obligation to inspect and report the defect is deemed to have been fulfilled if the defect was reported to HAARKLINIK after HAARKLINIK apparent, HAARKLINIK a detailed description and documentation.
X. Warranty for defective delivery
1. in the event of an incomplete delivery (missing product) and timely information within the meaning of Clause IX, the missing product shall be delivered immediately.
2. in the event of an incorrect delivery (incorrect product) and timely information within the meaning of Section IX, an immediate replacement delivery of the incorrectly undelivered product shall be made.
Products delivered in error must be returned within 30 days of receipt, unopened and in perfect, unused condition. HAARKLINIK will cover the cost of the return shipment. Products that are not HAARKLINIK to HAARKLINIK within this period and/or are not HAARKLINIK unopened and in perfect, unused condition will be billed to the customer at the full product price.
3. in the event of a product defect and timely information within the meaning of Clause IX, the defective product shall be replaced immediately.
The defective product must be HAARKLINIK to HAARKLINIK only if HAARKLINIK expressly requests HAARKLINIK return. In this case, HAARKLINIK will cover the return shipping costs. If HAARKLINIK requests HAARKLINIK return and the product is not returned within 30 days of the customer being notified, the customer will be charged the full price of the product.
4. in the event of delivery damage and timely information within the meaning of Clause IX, the damaged product shall be replaced immediately.
The damaged product must be HAARKLINIK to HAARKLINIK only if HAARKLINIK expressly requests HAARKLINIK return. In this case, HAARKLINIK will cover the return shipping costs. If HAARKLINIK requests HAARKLINIK return and the product is not returned within 30 days of the customer being notified, the customer will be charged the full price of the product.
5. The customer bears the burden of proof regarding a defective delivery. The defect must be documented as far as possible, e.g., with photos taken immediately upon receipt. If HAARKLINIK suspects false information, it HAARKLINIK refuse to honor the warranty under this provision.
6. any warranty beyond the present provision, in particular the warranty for material defects pursuant to Art. 197 et seq. OR, does not exist or is excluded. This exclusion of warranty and liability also extends to all claims that compete with the warranty rights, be they based on contract (Art. 97 et seq. CO), tort (Art. 41 et seq. CO), avoidance of the contract due to error (Art. 23 et seq. CO) or other possible claims.
7. This is without prejudice to any manufacturer’s warranties that HAARKLINIK passes on to the customer, HAARKLINIK this provision.
8. the above provisions in accordance with Clause X shall apply mutatis mutandis to a handover on site. The time of receipt of the delivery shall be replaced by the time of handover on site.
XI. Guarantee
1. All products delivered comply with the relevant legal requirements in Switzerland and the EU. Proper use is outlined in the manufacturer’s instructions on the product packaging and/or in the package insert, as well as in the detailed instructions for use provided by HAARKLINIK.
2. When trichology treatments are performed by a specialist at HAARKLINIK when the recommended application guidelines are followed during self-treatment at home, good treatment results are regularly achieved; based on past experience, a non-binding assessment of the potential treatment outcome can be provided. Nevertheless, the treatment outcome depends on various factors, some of which cannot be influenced, and no guarantee is provided regarding a specific treatment outcome in connection with the treatment and product use. In particular, the before-and-after photos of other Haarklinik clients Haarklinik provide an impression of what a treatment outcome might look like. In this regard, any warranty or guarantee is excluded.
3. Any manufacturer warranties are passed on HAARKLINIK full to the customer by HAARKLINIK .
XII. Exclusion of liability
The contractual liability of HAARKLINIK Art. 97 et seq. of the Swiss Code of Obligations) is excluded to the extent permitted by law, specifically with regard to slight negligence. In particular, HAARKLINIK shall HAARKLINIK be liable for improper use of the products or for unforeseeable reactions in individual cases. This disclaimer of liability also extends to all claims that compete with this liability, whether they are non-contractual claims (Art. 41 et seq. of the Swiss Code of Obligations and Art. 62 et seq. of the Swiss Code of Obligations), challenges due to lack of consent (Art. 23 et seq. of the Swiss Code of Obligations), or other relevant claims.
XIII Withdrawal from the contract
1. The customer may withdraw from the contract within 14 days of its conclusion without incurring any costs if, at the time of withdrawal, (1) she HAARKLINIK not yet HAARKLINIK any trichology treatment at HAARKLINIK and (2) she has HAARKLINIK any products purchased for self-treatment to HAARKLINIK within 30 days of withdrawing from the contract, unopened and undamaged. Beyond this, the customer has no right of withdrawal; that is, any unpaid fees remain due, and there is also no entitlement to a (partial) refund of fees already paid, even if the customer does not undergo trichology treatments and/or does not accept products.
2. HAARKLINIK right of withdrawal HAARKLINIK by Section VII 3.
XIV Content of the website
The above provisions on warranty (section XI) and disclaimer (section XII) also apply to the content of the website. In particular, the content of the website, such as the information on the treatment or the before/after pictures, does not constitute a guarantee for a specific treatment result, and to the extent permitted by law, liability for damages in connection with the visit and use of the website is excluded.
XV Data protection
The collection and processing of personal data by HAARKLINIK explained and governed by the Privacy Policy. This Privacy Policy forms an integral part of these Terms and Conditions and is available on the website
XVI Divisional validity
Should individual provisions of these GTC or the contract prove to be invalid or unenforceable, this shall not affect the validity, effectiveness and enforceability of the remaining parts of the GTC or the contract. In this case, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the original intention of the invalid or unenforceable provision. The same applies to any gap in the contract.
XVII Reservation of written form
All agreements between the contracting parties that deviate from these GTC or the contract must be made in writing or by e-mail and with reference to these GTC or the contract. Any verbal agreements shall not be valid.
XVIII. Messages
Any legally relevant communications regarding these Terms and Conditions and/or the contract with HAARKLINIK sent by the customer by mail to HAARKLINIK , Pfingstweidstrasse 60a, 8005 Zurich, or by email to info@haar-klinik.ch.
XIX Applicable law
All contracts between HAARKLINIK its clients, as well as these Terms and Conditions, are governed by Swiss law.
XX. Place of jurisdiction
The courts of the city of Zurich shall have exclusive jurisdiction over all disputes arising from contracts between HAARKLINIK its clients, as well as from these Terms and Conditions, including any questions regarding their validity.
Zurich, June 2023