Public contract offer

for the provision of cosmetology services

This document represents a public offer (hereinafter referred to as the Offer) of “New Skin Clinic s.r.o” (hereinafter referred to as the Contractor) IČO 19642385, addressed to an indefinite number of persons (Customers) who accept this offer in relation to the provision of cosmetology services and express their intention to enter into an Offer Agreement for services Contractor under the following conditions.
If the conditions set out below are accepted and payment for services is made, the legal entity or individual accepting this offer becomes the Customer (acceptance of the offer is equivalent to concluding an agreement on the terms set out in the offer), and the Contractor and the Customer jointly become Parties to this agreement.
In connection with the above, carefully read the text of this public offer and familiarize yourself with the price list of services. If you do not agree with any clause of the offer, the Contractor invites you to refuse to use the services.
1. Terms and definitions
In the Agreement, unless otherwise expressly stated in the text of the Agreement, the following words and expressions will have the following meanings:
1.1. Offer – this document “Public offer agreement for the provision of cosmetology services New Skin Clinic s.r.o IČO 19642385”, published on the Internet at: http://newskinclinic.cz
1.2. Acceptance of the offer – full and unconditional acceptance of the offer by the Customer carrying out the actions specified in clause 2.6 of this offer. Acceptance of an offer creates an offer contract.
1.3. Customer is the person who accepted the offer and is thus the Customer of the Contractor’s services under the concluded offer agreement.
1.4. Offer agreement is an agreement between the Contractor and the Customer for the provision of cosmetology services, which is concluded by accepting the offer.
1.5. Service – provision of cosmetology services according to the price list, or at the request of the Customer in the form of a separate consultation.
1.6. Price list is a current, systematized list of the Contractor’s cosmetology services with prices, published on the Internet resource at: http://newskinclinic.cz and on the social network Instagram @dryukova_nina, as well as posted in folders at the reception.
1.7. Information - documents provided by the Customer containing information about the Customer provided and necessary for the performance of work under this offer agreement by the Contractor.
1.8. Information stand – a board for posting information located at the entrance to the premises where the Contractor provides his services.
2. Subject of the contract
2.1. The Contractor undertakes, during the term of the Agreement, to provide services to the Customer in accordance with the list of services reflected in the Price List, valid at the time of provision of services, posted in folders at the reception (hereinafter referred to as Reception), as well as published on the Internet resource at the address: http://newskinclinic. cz
2.2. The Customer undertakes to accept and pay for services in accordance with the terms of the Offer.
2.3. The public offer and its annex are official documents and are published on the Internet resource at: http://newskinclinic.cz/
2.4. The Contractor has the right at any time to change the Price List and the terms of this public offer unilaterally without prior agreement with the Customer, while ensuring the publication of the changed conditions on the Internet resource at: http://newskinclinic.cz, on the social network Instagram @dryukova_nina, and also placed in folders at the reception no less than one day before they are put into effect.
2.5. The provision of cosmetology services is provided in full, subject to 100% (one hundred percent) payment by the Customer.
2.6. After reading the description of the Contractor's services provided and the text of this public offer, the Customer determines the list of cosmetology services that he wishes to receive and the timing of the provision of services, makes an appointment for a consultation or service on the website http://newskinclinic.cz/ or on the social network Instagram @dryukova_nina .
2.7. Based on the received entry, the Contractor sends the customer confirmation of the entry.
3. Price and payment procedure.
3.1. After completing the actions listed in Section 2.6 of this Offer, the Customer at the reception makes payment for the cost of services according to the Contractor’s Price List.
3.2. Payment for the cost of services under this Offer is made in full in advance.
4. Rights and obligations of the Parties.
4.1. The performer is obliged to:
4.1.1. Provide the Customer with cosmetology services determined by the Customer in accordance with clause 2.6. of this Offer, within the timeframe agreed with the Customer (subject to the Customer’s attendance at the appointments).
4.1.2. Inform the Customer about the assignments and recommendations that must be followed to maintain the achieved result, familiarize them with the recommended plan.
4.1.3. Provide appropriate training to personnel, which is confirmed by valid certificates of specialists, which the Customer can view on the information wall.
4.1.4. Inform the Customer about possible phenomena after procedures, such as redness, irritation, peeling, bruising, swelling and others, depending on the procedure.
4.1.5. Inform about possible contraindications to the procedure and possible complications, such as an allergic reaction, individual intolerance, lack of effect.
4.2. The customer is obliged to:
4.2.1. Fulfill the requirements that ensure the high-quality provision of paid cosmetology services, including the provision of information necessary for this (about past and existing diseases, operations, injuries, previous examinations and treatment, allergic reactions that may affect the quality of the services provided by the Contractor).
4.2.2. Pay in a timely manner the cost of cosmetology services in the manner prescribed by clause 3.1 of this Offer.
4.2.3. Arrive at the appointment at the appointed time, according to your prior appointment.
4.2.4. Comply with all instructions and recommendations of the Contractor’s personnel to achieve and maintain treatment results.
4.2.5. If it is impossible to visit a specialist, notify the Contractor in advance by phone: +420 775 702 331 or Instagram @dryukova_nina
4.2.6. Listen to information from the Contractor according to clauses. 4.1.4 and 4.1.5 of this agreement and take into account the presence of the phenomena described in clause 4.1.4 of this agreement
4.2.7. In the event of a complication, inform New Skin Clinic and seek medical help if such recommendations are given by New Skin Clinic specialists.
4.2.8. The Customer is obliged to fully compensate the Contractor for losses incurred if the Contractor was unable to provide cosmetology services or was forced to terminate them due to the fault of the Customer.
4.3. The performer has the right to:
4.3.1. Change the Price List at your discretion. The price list is an official document of the Contractor and contains a complete list of cosmetology services, the provision of which is possible within the framework of this Offer.
4.3.2. Involve third parties in fulfilling their obligations under the Agreement.
4.3.3. Refuse to provide paid services if medical contraindications are identified in the Customer.
4.3.4. Require the Customer to comply with safety regulations, rules of behavior in public places, and careful treatment of the property of the Contractor and third parties;
4.3.5. If the Customer causes damage to the property of the Contractor and/or third parties, demand compensation from the Customer for the damage caused in full.
4.3.6. Refuse to provide services if:
- the customer is in a state of alcohol, drug or toxic intoxication;
- the Customer’s actions threaten the life and (or) health of the Contractor’s personnel and other citizens;
- the customer violates the internal rules for visitors;
- payment for services was not made in accordance with the terms of the contract;
- if the Customer does not agree with the cost of the Contractor’s services;
4.3.7. Reschedule the previously agreed date and time of reception by notifying the Customer in the following cases:
-lack of conditions for the reception (accident, shutdown of electricity, water supply in the Contractor’s premises, etc.);
-temporary absence of a specialist for good reasons and the Contractor’s inability to replace him;
- the Customer is late for an appointment by more than 10 minutes from the appointed time.
4.4. The customer has the right to:
4.4.1. Determine the list of cosmetology services provided based on the current Price List, with or without taking into account recommendations received from the Contractor’s personnel.
4.4.2. Read the following information and documents:
— certificate of state registration;
— operating mode of New Skin Clinic;
— Price list;
— information about the qualifications and certification of specialists;
- and other documents in accordance with the requirements of the Law of the Czech Republic
4.4.3. Require the provision of the Agreement in printed form along with the calculation of the services received for a certain period.
4.4.4. Contact the management of New Skin Clinic with suggestions, complaints, including in case of claims regarding the volume and quality of cosmetic services provided.
4.4.5. Get information about calculating the cost of the service.
4.4.6. In case of failure by the Contractor to comply with the obligations regarding the terms of performance of services at its own discretion:
- agree to a new period for the provision of paid services;
- demand paid assistance from another specialist;
- terminate the contract and demand reimbursement of the cost of the service.
4.4.7. Choose a New Skin Clinic specialist.
5. Confidentiality.
5.1. The parties undertake mutual obligations to maintain confidentiality with respect to information received during the implementation of the Agreement concluded on the basis of this Offer. The parties are responsible for the consequences caused by violation of confidentiality obligations, regardless of whether this violation was committed intentionally or accidentally. Transfer of information to third parties or other disclosure of information recognized as confidential under the Agreement may only be carried out with the written consent of the other party.
5.2. The following information is considered confidential under the Agreement concluded on the basis of this Offer:
5.2.1. On the contents of the Agreement in the part that discloses individual information about the Customer and his personal data (including the total price of the agreement, address, bank details of the Customer, list of patients, etc.):
- last name, first name, patronymic (the latter - if available); - floor; - Date of Birth; - Place of Birth; — citizenship;
— details of the identity document; - location; - place of registration;
— date of registration;
— number of the compulsory health insurance policy of the insured person (if any);
— type of cosmetology service provided;
— conditions for the provision of cosmetology services;
— terms of rendering cosmetology services;
— volume of cosmetology services provided;
— the result of applying for cosmetology services;
5.2.2. Information about the Customer’s diseases, except as required by law.
5.3. The parties undertake to comply with the security regime of the Customer's personal data when processing such information, as well as take all necessary measures to prevent disclosure of such information.
6. Responsibility of the parties.
6.1. For failure to fulfill or improper fulfillment of its obligations under this Agreement, the guilty Party is liable in accordance with the current legislation of the Czech Republic, taking into account the specifics established by this Agreement.
6.2. Neither Party will be responsible for the other party's complete or partial failure to fulfill its obligations if the failure is a consequence of force majeure, including actions of government authorities, fire, flood, earthquake, other acts of God, lack of electricity and/or operational failures computer network, strikes, civil unrest, riots, any other circumstances, not limited to those listed, that may affect the Contractor’s compliance with the terms of this public offer and are beyond the control of the Contractor.
If any of such circumstances directly affected the failure to fulfill the obligation within the period specified in the Agreement, then this period is proportionately extended for the duration of the relevant circumstance.
6.3. The Contractor is not liable in the event of:
6.3.1. Providing false information by the Customer.
6.3.2. If treatment is terminated and (or) incomplete not at the initiative of the Contractor.
6.3.3. In the event that the Customer experiences allergic reactions due to intolerance to drugs and materials approved for use in the Czech Republic, the occurrence of side effects and complications arising from the biological characteristics of the body.
6.3.4. The occurrence of complications due to the Customer’s failure to comply with the Contractor’s instructions, appointments, and recommendations.
6.3.5. The Contractor shall not be liable for non-fulfillment (improper fulfillment) of its obligations under this agreement if, with the degree of diligence required of it by the nature of the actions performed, it took all measures for the proper fulfillment of obligations, but the expected result was not achieved.
6.3.6. When the Customer provides the results of laboratory tests or diagnostic studies (ultrasound, ECG, MRI, CT, etc.) and advisory opinions made by third-party medical institutions (third parties), the Contractor is not responsible for the established diagnosis and (or) prescribed treatment, if provided results of tests, diagnostic studies, advisory opinions that do not correspond to the objective clinical picture of the patient, as well as for possible consequences due to their unreliability.
6.3.7 The Contractor is not responsible for items left by customers on the Contractor’s premises without personal supervision.
6.3.8. The Contractor is not responsible for non-fulfillment or improper fulfillment of its obligations under this agreement if, before the provision of cosmetology services, the Customer provided information about the state of health, previous diseases, allergic reactions, contraindications that may affect the results of the services provided.
6.3.9. The Contractor is not liable in cases of cosmetic intervention by third parties after the provision of cosmetic services by the Contractor.
6.3.10. If the Customer refuses to undergo a course of treatment, if complications arise, the Contractor is not responsible for the further state of health of the Customer.
6.3.11. The Contractor is not responsible for the occurrence of side effects from the use of medicines and preparations, the possibility of which the manufacturer of such medicines and preparations indicated in the annotation to them.
6.4. If the Customer incurs a debt for the provided cosmetology services of the Contractor, the latter has the right to suspend further provision of cosmetology services under this Agreement until the Customer pays in full for the cosmetology services already provided by the Contractor.
6.5. If the Customer fails to comply with the recommendations and requirements of the Contractor’s personnel, the latter has the right to terminate this Agreement unilaterally out of court.
6.6. A party that believes that its rights under this Agreement have been violated has the right to send a letter to the other party setting out its claims. The party receiving the claim is obliged to respond to it in the manner prescribed by law.
6.7 At the written request of the Customer, the Contractor may issue a printed version of the offer with signatures of the Parties, equal in legal force to this public offer agreement.
6.8. The Customer's written request to sign a paper copy of this offer is considered to be the delivery to the Contractor's office of a printed version of this Offer, signed by the Customer in two copies, containing the Customer's details. Shipping address: Plavecká 400/12, Prague, Czech Republic
7. Other conditions
ETIQUETTE In order to fully experience the positive impact of your stay at New Skin Clinic, please pay attention to the following recommendations.
∙ Reservations for procedures are made by appointment by contact phone number: +420 775 702 331 or Instagram @dryukova_nina or on the Internet resource at: http://newskinclinic.cz
∙ Silence, peace and relaxation reign at New Skin Clinic; guests respect the mood and desire for silence. We ask you to speak quietly and be sure to turn off your mobile phone.
∙ During the session, do not hide your feelings: if you are uncomfortable, too hot or too cold, if you don’t like the music, tell the master about it.
∙ The administration is not responsible for personal belongings left in the office; in addition, they may create inconvenience for you or become damaged during various procedures.
∙ Smoking and drinking alcohol are prohibited in New Skin Clinic and on its premises.
8. Dispute resolution.
8.1. Disagreements and disputes that may arise during the implementation of the Agreement concluded on the basis of this Offer will be resolved by the parties through negotiations, and on issues that have not been resolved in this manner, the interested party may apply to the court to satisfy their claims.
8.2. In all other respects that are not provided for in the Agreement, the Parties will be guided by the legislation in force in the Czech Republic.




— Appendix No. 1 – Consent to the processing of personal data.

Executor:
New skin clinic s.r.o
Manager Nina Dryukova
Address Frýdlantská 1312/19 180 00 Prague 8
ID number 19642385
VAT number CZ19642385
Phone: +420 775 702 331
Appendix № 1
to the Offer to conclude the Agreement
about the provision of "New skin clinic s.r.o"
cosmetology services
from «___» ____________ 20__
AGREEMENT
for the processing of personal data
I, __________________________________________________________________, passport / IIN_______________________, hereby consent to the processing by New skin clinic s.r.o
my personal data, in order to create conditions for receiving cosmetology services and exercise control over their volume and quality.
List of personal data for the processing of which consent is given: last name, first name, patronymic, gender, date of birth, home and mobile phones, place of work, place of residence and other personal data received by New skin clinic s.r.o during the provision of cosmetology services.
I hereby grant New skin clinic s.r.o the right to carry out the following actions (operations) with personal data: systematization, accumulation, storage, clarification (updating, changing), use, depersonalization, blocking, destruction (cross out what is unnecessary).
New skin clinic s.r.o has the right to carry out the following methods of processing personal data: automated processing of personal data and processing of personal data carried out without the use of automation tools.
I grant New skin clinic s.r.o the right to use personal data for the purpose of informing me via communication means (including the Internet) about changes in the procedure for the provision of cosmetology services and about appointments.
This consent is valid for an indefinite period and can be revoked by me by sending to New skin clinic s.r.o a corresponding written document (registered letter with acknowledgment of receipt) or by personally delivering it against signature to an authorized representative of New skin clinic s.r.o.
Customer:
__________________ ________________________________________________
(signature) (signature decryption)
«___» _______________20___ y.o.