General Terms and Conditions

This is a translation.The original language is German.

1 § Scope of application

All services provided by nakedsteel GmbH are exclusively subject to the following General Terms and Conditions (GTC).

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§ 2 Appointment, default and compensation

1. By making a binding appointment in our online booking tool and our subsequent confirmation of the binding appointment by email, you contractually agree to attend the appointment, while we contractually agree to keep your appointment free (appointment contract). By submitting the booking in our online booking portal, you also accept these terms and conditions as the basis of our appointment contract. You should allow at least one hour for your appointment, as delays can always occur.

2. If you are unable to attend the appointment agreed in the appointment contract and do not cancel at least one hour before the booked appointment, or if you arrive at least fifteen minutes late for a piercing appointment, we will incur a loss of earnings, which is why we are then entitled to claim half of the price of the piercing you booked from you. The same applies if it becomes apparent during the consultation or at a later point in time that there are compelling reasons for exclusion from piercing in accordance with § 5. However, we are only entitled to compensation for our loss of earnings if you are responsible for missing the appointment or being late, or if you attended the appointment despite being aware of or negligently unaware of a reason for exclusion in accordance with § 5 (e.g. if you go on a beach holiday in the four weeks following the piercing or if, in the case of piercings on minors, the documents specified in § 5 (2) a-e are incomplete).

3. You have the option of having a voucher issued for the same amount as the compensation paid for our loss of earnings, which is valid for 12 months from the date of issue. Vouchers cannot be returned unless they were purchased online and are returned or sent back within the statutory return period of two weeks.

 

§ 3 Conclusion of contract (piercing)

1. The piercing contract is not concluded by booking the appointment, but with our (written, verbal or implied) acceptance of the declaration of consent, but at the earliest when the essential terms of the contract (service, price) have been determined.
   How is the contract concluded? First, you book an appointment with us, preferably via our online booking tool. During the appointment, we will conduct a consultation in which you decide on the type of piercing and, if applicable, the piercing itself, and you fill out the consent form. During the consultation, you will also receive these terms and conditions, which you accept as the basis of our appointment contract. If the information provided in the consent form indicates that a piercing is not advisable, we will not accept the consent form. As a result, no piercing contract will be concluded.

2. We reserve the right not to accept your declaration of consent and thus to refrain from entering into a piercing contract with you if we do not consider your experience with piercings to be sufficient in view of your age (e.g. genital piercing under the age of 18) or if there is a reason for rejection and/or exclusion in accordance with § 5.

3. Additions and amendments to this contract must be made in writing to be legally valid. This does not apply to individual contractual agreements within the meaning of Section 305b of the German Civil Code (BGB) with an authorised representative of the company. Furthermore, the formal requirement cannot be waived by verbal agreement, implied conduct or tacit consent.

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§ 4 Prices, payment, vouchers

1. The prices quoted during the consultation are final prices including statutory value added tax.

2. The agreed price is due on the respective date after signing the declaration of consent and after our service has been performed. Instalment payments are not permitted.

3. Our vouchers are valid for longer than three years, exceeding the legal requirement. They do not expire as long as the business is run by the current owner.

 

§ 5 Reasons for refusal and exclusion

1. If you arrive at least fifteen minutes late for your appointment as agreed in the appointment contract, we reserve the right to refuse the consultation and the conclusion of a piercing contract (reason for refusal).

2.  In the following cases, special conditions must be met before we can pierce you (grounds for exclusion). Our terms and conditions contain useful explanations as to why we consider these conditions to be necessary. You will find a wealth of important information on our website https://www.nakedsteel.de/piercing-info explaining why we consider the following grounds for refusal and exclusion to be necessary. You are obliged to provide truthful information about these requirements during the consultation and in the consent form. These requirements are as follows:

   1. For children aged 7 to 14, we only pierce earlobe piercings.

   2. For children aged 7 to 11, we only perform ear piercings after a prior consultation. The consultation and piercing do not take place on the same day. Both parents and the child must be present for either the consultation or the piercing appointment. If there is only one legal guardian, we require official proof (proof of sole custody, proof of the death of the other parent, etc.). Both parents and the child must be able to provide official identification (identity card, passport, child identity card). A copy of the birth certificate must be brought to the consultation appointment. If you have any questions, please contact us. 

   3.  From the age of 11, no consultation is required for an earlobe piercing. Both parents and the child must be present when the piercing is performed. If there is only one legal guardian, we require official proof (proof of sole custody, proof of death of the other parent, etc.). . Both parents and the child must be able to provide official identification (identity card, passport, child identity card). A copy of the birth certificate must be brought to the consultation appointment. If you are unsure about anything, please contact us.

   4. From the age of 14 and under 16, we also pierce other areas, but only if you bring a legal guardian to the appointment who agrees in writing on site that you can have a piercing done by us. The other legal guardian must fill out a document, which must be brought to the appointment. You can download it here. If you only have one legal guardian, you must provide us with proof of this (proof of sole custody, proof of the death of the other parent, etc.). Alternatively, you can also bring the other legal guardian to the appointment. All persons attending the appointment must be able to identify themselves with an official document (identity card, passport, child identity card). If you do not have the same surname as your legal guardians, we need another proof of guardianship, e.g. your birth certificate. We reserve the right to refuse piercings due to complicated healing (surface piercings, dermal anchors, bridges, etc.), due to risks related to maturity, or for sexual reasons in the case of minors (genital piercings, including nipple piercings).

   5. If you are aged between 16 and 18, we will only pierce you if you bring consent from both parents to your appointment or, in the case of a single legal guardian, official proof of consent. If you do not have the same surname as your legal guardians, we require other proof of guardianship, e.g. your birth certificate. We reserve the right to refuse piercings due to complicated healing (surface piercings, dermal anchors, bridges), due to risks related to maturity or for sexual reasons in minors (genital piercings, including nipple piercings).

   6. We will not pierce you if you intend to fly within 48 hours of the piercing.

   7. For hygiene reasons, animals are not allowed on our premises (as in a hospital operating theatre). We will therefore not pierce you if you bring an animal with you to your appointment. We will only make an exception if you require an assistance dog within the meaning of Section 12e (3) BGG (and can prove this to us). In this case, however, piercing is only possible on the last appointment before the shop closes. Please let us know in advance that you will be coming with an assistance dog so that we can be prepared. You can either bring the supporting documents with you to your appointment or send them to us in advance. Please understand that we cannot make any exceptions to the animal ban without the relevant supporting documents.

   8. We will not pierce you if you plan to travel to a different climate zone or a seaside resort within four to six weeks of getting the piercing, because depending on the type of piercing, you may only go swimming in a pool, lake or sea again four to eight weeks after getting the piercing (keywords: water quality, care of the piercing site).
      You should also refrain from visiting a sauna or solarium during this time.
      Please also note that most piercing sites take several months to heal. For example, if you have piercings on your head, you should not wear a helmet (e.g. when skiing or cycling) to avoid infection or injury to the piercing sites. In these cases, we would strongly advise against getting a piercing. If you are unsure whether your piercing is advisable at this time, please contact us!

   9. We will not pierce you if you have taken antibiotics less than two weeks before the piercing.

   10. We will not pierce you if you have had surgery less than four weeks prior to the piercing or if you are scheduled to have surgery four weeks after the piercing. If you have had surgery directly in the area of the piercing (e.g. lip fillers for lip piercings, breast enlargements for nipple piercings, nose operations for nostril and septum piercings), we will only pierce you once a year has passed since the operation. If you are planning surgery directly in the area of the piercing (e.g. lip fillers for lip piercings, breast enlargements for nipple piercings, nose operations for nostril and septum piercings), we will only pierce you if you have the surgery performed at least one year after the piercing.

   11. We will not pierce you if you are having an X-ray or MRI scan in the area less than four weeks after the piercing.

   12. We will not pierce you if you have a cold or are feeling unwell immediately before the piercing.

   13. If you are pregnant, breastfeeding or planning to become pregnant, we will not pierce you.

   14. If you suffer from a skin disease, a chronic, autoimmune or other condition, we advise you to contact us first to discuss how this could affect the healing of your piercing. If we are unsure, we will ask you to obtain a medical clearance certificate before we pierce you.

   15. If you have taken any other medication in the last two days before your appointment that affects blood clotting or wound healing, we will not pierce you.

   16. If you have consumed significant amounts of alcohol or even small amounts of (other) anaesthetics/drugs on the day before the piercing or on the day of the piercing, we will not pierce you. We will also refuse to pierce you if you have previously treated the area with an anaesthetic ointment, spray or similar.

   17. We would like to take this opportunity to strongly recommend that you get vaccinated against tetanus beforehand. Tetanus is a very serious disease that can be caused by an infection in open wounds. We would like to point out that vaccination against tetanus can be life-saving. Please find out what a tetanus infection means. A tetanus vaccination is effective for ten years, after which a booster vaccination is required.

   18. If it becomes apparent during the consultation or before/during the piercing that your anatomical conditions prevent the piercing from being carried out, we will not perform the piercing. For genital piercings, cartilage piercings in the ear (rook, industrial, forward helix, daith), navel piercings, cheeks and dahlias, as well as surface piercings and dermal anchors, we ask you to specify an alternative piercing when booking or to come in for an anatomy check beforehand.

   19. We do not pierce both ears at the same time, as this can lead to significant healing difficulties. We will not pierce the ear cartilage on the other side until the piercing site on one ear has healed. We only want the best for you!

   20. We ask that you inform yourself in advance about the care, healing time and other details regarding your desired piercing so that you do not experience any surprises on the day of your appointment.

3. Insofar as the above reasons merely state that we advise against the piercing, these are not mandatory grounds for exclusion. 

 

§ 6 Taking back, warranty, compensation

1. You should carefully consider which piercing jewellery you like, because for hygiene reasons we do not accept returns of piercing jewellery unless it was defective at the time of purchase. If you order a piercing from us for which you pay a deposit, you must collect it within three months of our notification that it is ready for collection. Otherwise, your order will be cancelled and the deposit will be refunded minus our verifiable costs for the order process (e.g. shipping costs). If you paid the deposit in cash, you must come to our studio for the refund (also in cash). We will contact you immediately after our cancellation and ask you to collect the deposit from our business premises. If you have not collected the deposit by the end of the following year of the year in which the piercing appointment should have taken place (... or in which the piercing jewellery should have been collected), we reserve the right to retain the deposit.

2. Your warranty claims are governed by the general statutory provisions, unless otherwise specified below.

3. The limitation period for warranty claims is two years for new items. The above limitation periods do not apply to claims for damages based on injury to life, limb or health, or to claims for damages based on a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. Furthermore, the above limitation periods do not apply to claims for damages based on an intentional or grossly negligent breach of duty by us or one of our vicarious agents.

4. We do not provide any guarantee.

5. If you wish to have a symmetrical piercing, we will first mark the respective area and ask you to check it carefully. If you give us your consent to pierce the marked area, we exclude any liability for defective performance on our part if we have pierced the agreed area. 
   Excluded from the exclusion of liability are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by us or one of our vicarious agents.

6. It may happen that a piercing is not performed correctly by us or that there is something wrong with the piercing. In this case, you can request that we correct this at no additional cost. In this context, we expressly point out that we are no longer obliged to do so if you have a correction carried out by another provider without first giving us the opportunity to carry out the correction ourselves (rectification) within a reasonable period of time. Any correction carried out by another provider in this way will then be at your own expense. The same applies if you remove the jewellery yourself.

7. Claims for damages are excluded, unless otherwise specified below. This also applies in favour of our vicarious agents and legal representatives, insofar as you assert claims against them. 

 

§ 7 Miscellaneous, final provisions

1. Unless otherwise specified, the place of performance for all obligations arising from the contractual relationship is our studio in Berlin, Mainzer Str. 10, 10247 Berlin.

2. Contractual relationships with our customers are governed exclusively by German law.

3. The customer may only assign claims against us to third parties with our written consent.

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nakedsteel GmbH

Mainzer Str. 10

10247 Berlin

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General Manager: Tanja Podjaski

 

phone: +49 30-20 056 830

e-mail: berlin@nakedsteel.de

Value added tax ID:

DE356031585