General Terms and Conditions

1. Object of the Contract

1.1. The following terms and conditions apply to the contractual agreement of a BeautyCare package consisting of the variants of BeautyCare packages (MotionSkins and BeautyCare Shorts, PowerBox, App, and Tablet (Products) as shown on the opposite page) according to the usage agreement to be concluded between EasyMotionSkin Tec GmbH, FN 446877y LG Innsbruck, Industrial Estate 47, 6103 Reith bei Seefeld (EMS), and the beauty studio operator (Contracting Party), which is concluded by EMS's acceptance of the non-binding offer by sending an order confirmation.

1.2. The contracting party is a commercially active company in the field of health and fitness, therefore it is a mutual commercial transaction.

2. Specific Provisions for Purchase Contracts

2.1. The agreed start-up fee is to be paid by a one-time payment and collected by EMS via SEPA direct debit procedure. The contracting party can conclude a leasing contract with a bank of their choice for financing the start-up fee.

2.2. The purchased item remains the sole property of EMS.

3. Specific Provisions for Usage Contracts

3.1. The agreed usage fee is collected using the Pay-Per-Use method and amounts to EUR 0.40 per minute. This fee is collected monthly on the first of the following month and is due for payment. The agreed usage fee is collected by EMS via SEPA direct debit procedure. If the contracting party is in arrears with two monthly contributions, EMS can unilaterally terminate the contract. Any transaction fees to be paid are to be examined, registered with the authorities, and, if necessary, borne by the contracting party in addition to the usage fee.

3.2. A minimum turnover of EUR 100.00 net is charged from the 4th month of the contract. If this turnover is not achieved for two consecutive months, EMS reserves the right to terminate the contract with special notice. The goods must then be returned to EMS within a period of 14 days.

3.3. The contract can be terminated by both parties with a notice period of four weeks at the end of the initial term of 12 months. If no timely termination is given, the contract automatically extends for a further 12 months.

3.4. The termination is only effective from the day of the complete return of the products to EMS. If the products are not handed over to EMS in full within 5 working days after the end of the contract, the contracting party is obliged to pay a fee of EUR 10.00 net per day of delay to EMS until the actual handover.

3.5. EMS provides the contracting party with fully functioning products during the term of the contract. The contracting party is obligated to conclude or maintain sufficient insurance. The contracting party is responsible for all damages to the products not caused by EMS or resulting from normal wear and tear (wear and tear), as well as theft or loss of the products.

3.6. For purely technical problems not caused by the contracting party with software and hardware, EMS will provide timely replacement or repair. Any damage must be reported to EMS immediately.

Common Provisions:

4. Default of Payment and Transfer of Products to Third Parties 

4.1. In the event of default of payment by the contracting party regarding obligations under this contract, default interest is agreed in accordance with § 456 UGB. Bank charges incurred by the contracting party for chargebacks and similar matters are charged to the contracting party at a flat rate of €5.00 net per chargeback.

4.2. Transfer to third parties for permanent use of the products is strictly prohibited for the contracting party. The transfer of the products by the contracting party to other companies or natural persons for the purpose of further transfer of the products to third parties is also strictly prohibited (retail prohibition).

4.3. The contracting party confirms to possess a valid EMS trainer license and to fulfill all basic rules of the (German) NiSV radiation protection regulation for the provision of the products to third parties and to extensively inform them about the EMS system.

4.4. The contracting party is responsible for ensuring that the products are used properly by third parties and that they are trained in the use of the products in such a way that the maximum application or health success is guaranteed. The contracting party must also instruct third parties in the use of the products in such a way that damage or excessive wear and tear of the products is avoided.

4.5. The contracting party confirms that they have received comprehensive training from EMS on the proper use, maintenance, and care, as well as (technical) maintenance of the products. The contracting party must ensure compliance with all applicable legal regulations, including any valid consent declarations according to DSG or DSGVO. The contracting party shall indemnify EMS against any disadvantages resulting from a breach of this obligation.

4.6. Any complaints by end customers regarding the products must be recorded exclusively by the contracting party and reported directly to EMS by the contracting party. Contacts by third parties of any kind will not be processed by EMS. The contracting party must explicitly inform third parties of this.

5. Warranty and Compensation

5.1. The warranty period is 6 months. The contracting party must prove the existence of defects in accordance with the UN sales law. This burden of proof for defects also applies to the first 6 months.

5.2. EMS is only obligated to pay damages in all conceivable cases in the event of intent or gross negligence. In the event of slight negligence, EMS is liable exclusively for personal injury. Liability expires in 6 months from knowledge of damage and the person causing the damage.

5.3. EMS is not liable for indirect damages, lost profits, interest losses, unrealized savings, consequential and financial damages, damages from claims by third parties, as well as for the loss of data and programs and their restoration.

6. Final Provisions

6.1. The offsetting of counterclaims by the contracting party against (counter)claims by EMS, in particular against payment claims, but also against claims for value preservation and damages, is excluded for the contracting party.

6.2. The contracting parties agree that the exclusive and sole jurisdiction for all disputes arising from this contractual relationship lies with the competent court in Innsbruck, Austria. Austrian law applies exclusively to this contractual relationship, with the exception of the UN Sales Law and the referral provisions.

6.3. If one or more provisions of this contract are invalid because they violate mandatory law (or violate), the validity of the remaining provisions is unaffected. The contracting parties will replace the invalid agreement with an effective one that the contracting parties acting in good faith would have made for the specific situation.

6.4. Any modification or amendment to this contract is only valid if made in writing and signed by both contracting parties.