All deliveries and services are based on these general terms and conditions. In the case of deviating or supplementary agreements – especially contradicting terms and conditions – the express, written consent of Narada Massage & Spa (in the name of Narada, owner Pimnara Wichitthanaboon) is required. All orders and commissions as well as any special assurances from Narada require written (order) confirmation. This form can only be waived on the basis of a written agreement.
Naturopath law, (Thai) massages as wellness applications
Narada expressly points out that Thai and wellness massages are not recognized as therapy in Germany within the meaning of the current Naturopath law of 1939. We do not make medical diagnoses, treat symptoms or make any healing promises. Our massages cannot replace prescribed medication or therapies or a visit to a doctor or alternative practitioner in the presence of an illness.
Our massages are pure wellness applications that are used solely for general relaxation, wellbeing and health prevention. If customers have or suspect diseases of the musculoskeletal system or internal organs, skin or cardiovascular diseases, recent surgery or pregnancy, a doctor should first clarify whether a Thai or wellness massage is suitable under these conditions Measure or is to be regarded as contraindicated.
Disclaimer of liability
Should avoidable consequential damage occur despite professional use, which can be attributed to the fact that a customer has withheld or trivialized reasons for exclusion, the masseuse and the manager and owner are released from any liability. The same also applies to damage caused by the fact that the customer was not aware of any reason for exclusion and the masseuse or the manager could not have identified it. If a health problem is present or suspected, medical advice must be obtained before starting a wellness treatment.
Limitations and contraindications
When using Thai and wellness massages, health aspects must be taken into account. Certain illnesses or health disorders can limit or even exclude treatment. We reserve the right to refuse massages or other wellness treatments in certain cases.
The following contraindications generally not allow our treatments on you:
– Acute infections associated with fever
– Advanced heart failure and the risk of a heart attack
– Thrombosis and vascular diseases with an increased risk of thromboembolism
– Severe rheumatic diseases
– inflammation of the muscles and joints
– Alcoholized state
– Alcohol, drug or medication addiction
– Pronounced osteoporosis and certain deformities of the axial skeleton
The following contraindications generally limit our treatments on you:
– Severely high blood pressure
– Phlebitis or severe venous weakness
– Recent fractures or recent surgical interventions
– Accidents that occurred less than 48 hours ago
– Severe neurological or psychological disorders
– Diabetes mellitus
Offers are non-binding.
Deliveries and services are made at the prices shown on the Microsoft Bookings booking page, Facebook page or a current brochure. Special offers are excluded. The prices stated therein are binding. All prices include the VAT applicable at the time of invoicing. The delivery will only take place if the invoiced amount is paid in cash, debit card, credit card or bank transfer. Unless other payment conditions are fixed and binding on the invoice. The purchase price is due upon delivery or at the latest after the service has been provided. Narada’s contractual partner must ensure that delivery can take place in accordance with these conditions.
We offer the following payment options in euros for payment:
- In cash
- Debit card
- credit card
- In advance (bank transfer)
The regular limitation period for vouchers from Narada is three years from the date of issue according to §195 BGB. The date of issue is noted on each voucher. In the event of a statute of limitations, Narada can refuse performance. There is no cash payment when a voucher is redeemed. Vouchers are usually transferable. An appointment is required to redeem a voucher and the voucher must be presented at the appointment. A voucher cannot be split between several applications. Only one type of application can be selected per treatment.
Code of Conduct
It is assumed that the customer appears in a normal physical and hygienic condition during an application. If this is not the case, we reserve the right to refuse an application. The customer then bears 100% of the costs of the planned application. Washing and showering facilities are available on site, which can be used both before and after the application.
It is expressly pointed out that customers are subject to a code of conduct. Any sexually objectionable behavior or sexual innuendos on the part of the customer will lead to the termination of the massage treatment. Should it come to a termination for the reasons mentioned, the customer bears the costs of the application 100%.
We hereby expressly point out that no erotic massages are offered and that every request according to §184i StGB (sexual harassment) or §185 StGB (insult with a sexual background) will be reported. We will generally not tolerate attacks on us and our staff and will report them according to §177 StGB and §184i StGB.
Conclusion of a contract for online bookings and online orders
The online booking of an application or an appointment represents an offer to Narada to conclude a booking contract. After entering your personal data, accepting the terms and conditions and clicking on the booking button, you submit a valid online booking. You will then receive an appointment confirmation by email and the booking contract is binding for both parties.
Ordering a voucher or other products online represents an offer to Narada to conclude a purchase contract. The simple presentation of the voucher for a wellness massage is not a legally binding, but a non-binding online offer. After entering your personal data, accept of the terms and conditions and by clicking the book button you place a binding order. A legally valid purchase contract is only concluded when your offer has been accepted. The conclusion of the contract will be confirmed after receipt of the order by email for order processing. With this order confirmation you will receive the specific order data, the general contract conditions and the invoice. When ordering vouchers online, they will only be sent to the specified delivery address after payment has been made in full.
Delivery dates and deadlines are binding if they have been designated in writing by the contractual partner and Narada in individual cases; otherwise all delivery dates or deadlines are non-binding. If the non-compliance with a deadline is due to unforeseen obstacles that are beyond the control of Narada, the deadline is extended accordingly. Narada is only obliged to deliver goods after a binding agreement has been made between the contractual partner and Narada about an appropriate delivery option at the place of delivery. In the event of a delay in delivery, the contractual partner has the right to withdraw from the relevant delivery contract free of charge after a period of grace set has expired without result.
In addition, Narada guarantees that the goods provided to the contractual partner comply with the specifications published by Narada or those of the suppliers in the relevant data sheet and / or offer. Deviations that do not affect the quality, general appearance and / or functionality of the delivered goods must be accepted by the contractual partner.
The contractual partner will examine the products immediately after delivery. If an error is found, he will report it in writing within 7 days of delivery and, at Narada’s option, have the products ready for troubleshooting at the place of delivery or send them back to Narada. Narada undertakes to repair faulty goods at its own option or to replace them with faultless goods, provided that the goods have been handled properly and stored in accordance with Narada guidelines. Any warranty is excluded if the contractual partner or a third party makes changes of any kind or repairs to the goods or treats the goods improperly without the consent of Narada. If the repair or replacement delivery fails, the contractual partner has the right to demand a reduction in the purchase price or a reduction in the remuneration or, if Narada and the contractual partner cannot reach an agreement on the reduction, to withdraw from the corresponding contract free of charge. This does not apply if there is mandatory liability in cases of willful intent or gross negligence. Narada is entitled to carry out the service to be provided in partial deliveries. The payment deadlines specified under the paragraph prices apply accordingly.
Transfer of risk
The risk passes to the contractual partner / buyer when the goods are dispatched by Narada, however, Narada insures the goods against any transport damage. This does not apply to vouchers sent by post.
Right of withdrawal
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or – if the item is left to you before the deadline – by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before the fulfillment of our information obligations according to Article 246 § 2 in connection with § 1 Paragraph 1 and 2 EGBGB as well as our obligations according to § 312e Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
Narada Massage & Spa
In: delightful and pure GmBH
This does not apply to vouchers.
Consequences of cancellation
In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection – as it would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if you were your property and by refraining from anything that could impair its value. Transportable items are to be returned at our risk. You have to bear the costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a contractual one at a higher price of the goods at the time of the cancellation have made the agreed partial payment. Otherwise, the return is free for you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
Retention of title
Narada retains ownership of the delivered products until the purchase price has been paid in full and all, including future (balance) claims have been met. The contractual partner cannot acquire ownership of the delivered goods by selling them to third parties. If the contract partner uses it in third-party goods, Narada becomes co-owner of the newly created products in the ratio of the value of your products to the third-party goods used. The resulting products are considered reserved goods by Narada or Pimnara Wichitthanaboon. Provided that it meets its terms of payment vis-à-vis Narada, the contractual partner is only entitled to resell the delivered products or the products resulting from the connection within the framework of its normal business operations, subject to retention of title. Pledges or collateral assignments are inadmissible. If third parties access the goods subject to retention of title, the contractual partner will point out the ownership of Narada and notify Narada immediately. As a precaution, the contractual partner assigns to Narada all claims with ancillary rights to the amount of the value of the goods delivered from the resale / sublease and the business relationship with his customers in connection with the resale / sublease. The contractual partner is revocably authorized and obliged to collect the assigned claims. Narada can notify the contract partner’s customers of the assignment at any time. If the contractual partner does not properly meet its payment obligations, Narada is entitled at any time to take the reserved goods; this does not constitute withdrawal from the contract. At the request of the contractual partner, Narada will release the securities insofar as their value exceeds all claims to be secured by more than 20%.
All legally competent persons aged 18 and over are treated at their own request and by appointment. For persons under the age of 18, the consent of the legal representative is required. Agreed dates are binding. The duration and scope of treatment depend on the previous and individual agreement. We give treatment recommendations, the decision on the type of treatment is made by the customer. If we cannot keep an appointment for reasons beyond our control or for reasons of force majeure, the customer will be informed immediately, provided that the stored address and contact details enable us to contact us promptly. In this case we are entitled to postpone the date at short notice or to withdraw from the contract. Our statutory rights of withdrawal and termination remain unaffected.
Delay in deadlines by the customer
If the customer does not appear at the agreed treatment appointment and does not cancel this appointment at least 48 hours in advance, we are entitled to invoice the customer for the appointment that was not canceled on time in accordance with Section 615 BGB. The customer is not entitled to compensation.
If you arrive late, you are only entitled to treatment during the agreed treatment period.
Claims for damages
Narada is liable to the contractual partner for all resulting damage, regardless of whether from breach of contract or from tort, only in accordance with the following provisions:
a) Intentional intent, product liability: In the event of intent, claims under the Product Liability Act and in the event of injury to life or limb, Narada is liable according to the statutory provisions.
b) Gross negligence: In the case of gross negligence, Narada’s liability is limited to the replacement of typical foreseeable damage; this restriction does not apply if the damage was caused by senior employees of Narada.
c) Simple negligence: In the case of simple negligence, Narada is only liable if an essential contractual obligation has been breached or a case of delay or impossibility exists. In these cases the liability is limited to the typical foreseeable damage.
d) No-fault liability: In the case of no-fault liability for assured properties, initial impossibility and impossibility occurring during the delay, Narada’s liability is also limited to typical foreseeable damage.
The contractual partner can only offset against claims from Narada or assert a right of retention if the counterclaim of the contractual partner is undisputed or has been legally established. The contractual partner can only transfer the rights and obligations to which it is entitled under the contract with the written consent of Narada. The delivery and payment conditions remain valid in their remaining parts even if individual provisions are ineffective. The data of the contractual partner are necessary for business and are stored and processed by Narada in accordance with the Federal Data Protection Act (Section 26 BDSG).
Place of jurisdiction and place of performance
The place of jurisdiction and performance for all liabilities is exclusively the headquarters of Narada in Hamburg.
The law of the Federal Republic of Germany is exclusively decisive for any contractual relationship between Narada and the contractual partner.
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This also applies if a part of a regulation is ineffective, but another part is effective. The parties shall replace the ineffective provision with a provision that comes closest to the economic interests of the contracting parties and which does not run counter to the other contractual agreements.
Narada Massage & Spa (Owner: Pimnara Wichitthanaboon) – General Terms and Conditions (GTC). As of 08/30/2020