Dear User,
These contractual terms and conditions (”Terms of Use”) regulate your use of DASHL (as defined below) and the Service provided on www.dashl.de (”the Website”) at any given time. By approving these Terms of Use, a contract is entered into between you (”you”) and Dashl GmbH, HRB 221814-B, Eifflerstraße 43, 22769 Hamburg (”we” or ”us”). Please do not use the Service if you do not accept these Terms of Use. These Terms of Use apply in Sweden. Persons under the age of 18 may not use the Service without the approval of a parent or legal guardian.
The Service
DASHL is a digital marketplace for the provision and booking of exclusively selected beauty-related services, where Users also receive special offers, tips and advice (as provided on the Website at any given time: ”the Service”). The Service connects stylists, hairdressers, makeup artists and other parties who provide professional beauty-related services (”Professional Users”) with individuals who want a quick and simple way to choose from a hand-picked selection of salons and therapists, find an available time for and book a treatment, and access the other functions available via the Service at any given time (”Customers”). Through the Service, Professional Users are able to reach more Customers with their offers, and the Customers are provided with a convenient way to find the treatment they desire, and to book an appointment. In these Terms of Use, all Users of the Service (be they Professional Users or Customers) are referred to as ”Users”, and this term also applies to you as party to the contract you enter into with us by accepting these Terms of Use. The Professional Users who join the Service gain access to all services included in our basic range of services. Each Professional User makes their own choice regarding the services they wish to use. For the services aimed at Professional Users, fees are charged in accordance with the applicable price list at any given time. Applicable prices are available via the Professional User’s user account, or have been notified personally via email. Given that one of the purposes of the Service is to make it possible for Users to come into contact with each other and book beauty-related services or treatments, and thus enter into a contract with each other, we wish to emphasise that we should not in any way be viewed as being a party to such contract or an intermediary, agent or commission agent, or as otherwise being connected to our Users’ dealings and use of the Service, other than through these Terms of Use, which are entered into with each User individually. DASHL AB and the Professional Users are independent legal or natural persons. As a Customer, you have the choice of different methods of payment when paying for your treatment in connection with your booking. You may pay in advance with a credit or debit card, or you may use Klarna’s payment service. If, as a Customer, you have chosen to pay in advance with a credit or debit card, you are responsible for such payment in relation to the relevant Professional User, and the Professional User is ultimately responsible in relation to you as the Customer with regard to issues relating to booking, cancellation and complaints. If, as a Customer, you have chosen to use Klarna for payment of your treatment in connection with your booking, you should contact us at Dashl in relation to any complaint if the salon or the Professional User needs to cancel an appointment for a treatment or pay a refund.
The Booking System
Through the Service, Professional Users gain access to a web-based platform where Customers can make bookings and cancellations in relation to the Professional User’s treatments (”the Booking System”). The Booking System makes it possible for the Professional User to gain an overview of booked appointments and available times.
Booking and cancellation
Via the Booking System, Customers who use the Service are able to book appointments for beauty-related services and treatments provided by Professional Users of the Service. Bookings made by Customers are then available to the Professional User via the Professional User’s user account. It is the responsibility of the Professional User to maintain an overview of their bookings and cancellations and to keep the Booking System up to date. Unless otherwise agreed, Customers may cancel or reschedule treatments without a cancellation fee up to 24 hours prior to the appointment.* If the Customer cancels or reschedules a treatment less than 24 hours prior to the appointment, the Customer will be charged 100% of the total fee for the appointment. This also applies for not showing up to the treatment without any notification. This cost will be charged via invoice and needs to be paid within 7 business days.
However, please note that if, as a Customer, you have chosen to use Klarna for payment of your treatment in connection with your booking, you should instead contact us at Dashl directly in relation to any issues regarding a booking or cancellation. * For package bookings, company bookings and wedding bookings, the Customer must cancel the booking at least 14 days prior to the date of the booked treatment in order to receive a full refund.
Health and safety
Please note that we do not provide treatments for nail diseases. If we suspect a nail disease, we recommend consulting a specialized doctor for appropriate diagnosis and treatment. In such cases, customers will be obligated to pay the full fee for the scheduled appointment. We prioritize the well-being and safety of our customers, and it is important for us to maintain a hygienic and healthy environment for all. By adhering to this policy, we ensure that proper care is taken in addressing any potential nail diseases and minimizing any risks involved.
User Account and User Profile
Your User Account In order to use the Service, you must create a User Account with us (”User Account”) and log in to the account. Instructions about how to create a User Account are available on the Website. If you choose to create a User Account, your username should consist of your first name and last name or, alternatively, your first name and the first letter of your last name. The username you select may not be: derogatory, slanderous, racist, ethnically or sexually offensive or defamatory, and it must not constitute an infringement of any intellectual property rights or encroach on someone’s privacy. We have the right to change your username if, in our opinion, it is in violation of these Terms of Use. When you create a User Account, you will be asked to provide certain information about yourself. For Professional Users, a User Profile (”User Profile”) will be created. The User Profile contains information about the Professional User and about the beauty services and treatments provided by the Professional User. As a Customer, for the purpose of logging in to your User Account, you can either choose a new username and a password, or you can select one of the available social media accounts specified on the Website. If you use a User Account for another service in order to log in to your User Account with us, for example your Facebook account, you give us the right to obtain your verification information, such as your username and encrypted login details, as well as any other information that may be of interest to transfer from the other service. All such transferred information will be processed in accordance with our Personal Data Policy (available here), and is described therein. Your User Account is personal, and you may not transfer or assign it to another person, or allow another person to use the Service through your User Account. You are responsible for protecting your login details and for ensuring that they cannot be accessed by unauthorised persons. You must notify us immediately if you have reason to suspect that another person has gained access to your User Account. We have the right, but not the obligation, to block access to your User Account if we have reason to suspect that an unauthorised person has gained access to your User Account. Through their User Account, Professional Users can manage bookings in the Booking System, update their User Profile and gain an overview of the activities conducted via the Service as well as ongoing updates of relevant information. Please note that we have the right to discontinue your User Account if it has been inactive for a period of 180 consecutive days.
Your User Profile
In order to ensure that our Users are able to derive the greatest possible benefit from the Service, it is necessary for Professional Users to provide the following information in their User Profile:
- information about the Professional User and their business, such as company name, corporate ID number, website, contact details and address;
- information about the beauty-related services and treatments they provide;
- other information that must be provided pursuant to applicable law or may otherwise be relevant for Customers.
New customer discount, offers, promotions and discounts. In the case of the offer of discounts for new customers,the offer is valid only once per registered user. The same applies to other promotions on the Platform unless otherwise specifically stated in the relevant promotion. Dashl reserves the right to terminate promotions and the period of introductory pricing or similar without prior notice to the customer. For offers and promotions offered by entering a discount code at the time of ordering, only one (1) code can be used per order. Gift cards, discounts and/or credits with a specific value ("Vouchers") issued by Dashl may be redeemed to pay for all or part of the booking via the Platform, unless otherwise specifically stated for the Voucher in question. Vouchers cannot be redeemed for cash. The Voucher can only be used once (1) and is used up upon use whether or not the full amount has been used and can only be used before the order is completed. Once the validity period specified for the Voucher has expired, the Voucher cannot be used as payment for purchases or reactivated and any credit balance or remaining value will not be refunded. In the event of misuse or unauthorized use of offers, promotions and Vouchers, Dashl may choose to terminate, revoke or void them, and Dashl reserves the right to charge the customer for such activity and to suspend customers who continually misuse the platform in an inappropriate manner.
Obligations and guarantees on the part of Professional Users
As a Professional User of the Service, you guarantee that:
- you possess all necessary and relevant permits and licenses required to provide the treatments and services you offer, in accordance with applicable regulations at any given time;
- all services and treatments are performed in a professional manner and in accordance with applicable regulations at any given time;
- you will not use the Website or the Service for any commercial purposes other than legitimate use of the Service, or for any other purposes not explicitly allowed pursuant to these Terms of Use (for example, for the purpose of finding Customers and then arranging bookings outside of the Service, with the aim of avoiding the obligation to pay fees related to the use of the Service).
Penalties/sanctions for Professional Users due to cancellation of Customer bookings
If a Professional User needs to cancel a Customer booking, the Professional User shall contact the Customer and move the Customer’s appointment to another date and time that suits both the Customer and the Professional User. The Professional User shall also contact Dashl to see if there is another stylist available who can help the Customer on the agreed date and time. If it is not possible to rearrange the Customer’s booking in this manner, the Customer’s appointment must be cancelled. As a cancellation could impact the Customer’s plans and also affects credibility within Dashl’s community, the following penalties/sanctions are applied in connection with a cancellation:
Cancellation fee
Dashl may refrain from charging the cancellation fee, depending on how many times the Professional User has already cancelled a Customer booking. Otherwise, the following fee will be deducted from the next payment made to the Professional User following a cancellation. The size of the fee to be deducted depends on when the Professional User approved the booking, and how soon thereafter the Customer’s booking was cancelled.
- If the booking is cancelled more than 7 days prior to the appointment, Dashl will deduct a fee of SEK 250 from the next payment made to the Professional User.
- If the booking is cancelled less than 7 days prior to the appointment, Dashl will deduct a fee of SEK 500 from the next payment made to the Professional User.
Suspension of account
If the Professional User has cancelled 3 bookings within the space of one year, Dashl has the right to suspend their account. This means that the Professional User will not appear in the search results for searches performed by Customers on Dashl.se, and that the Professional User’s calendar will remain blocked for 3 months.
Intellectual property rights
You understand and accept that the Website and the Service contain material provided by us and third parties, and that such material may contain intellectual property rights. You agree to respect all intellectual property rights, including, but not limited to, any copyright, trademark or company name (regardless of whether or not it has been registered) included or displayed on the Website, or to which you have gained access in connection with the Service. You may only use the content provided on the Website for your own use of the Service, and you may not use the content provided on the Website if such use is in violation of applicable legislation or these Terms of Use. You may only use such content for the purpose of using the Service. You are not granted any other license to use the above-named intellectual property rights, other than what is explicitly stated in these Terms of Use. You understand and accept that content published on the Website may belong to third parties, and that we do not have any control over such content. Consequently, you understand and accept that we shall not be held responsible or liable for any such content provided by a third party and displayed or made available on the Website or in the Service.
Your use of the Service
We do not want the Service to be used for any purpose other than the purpose for which it is intended. Your use of the Service may only take place in accordance with the intended purpose of the Service, as described above. Please do not use the Service if you do not accept this stipulation.
Messages to other Users within the Service
The posts and reviews you write on other Users’ User Profiles will be visible to all Users who visit those User Profiles. The private messages you send to other Users within the framework for the Service will not be visible to other Users, i.e. they will only be visible to the Users you have selected as recipients of your message. You are responsible for all messages you send in connection with your use of the Service, and you guarantee that you will not send messages that constitute a violation of these Terms of Use. It is only permitted to use the messaging function within the framework for legitimate use of the Service. In these Terms of Use, we apply the same rules and principles to messages as we do to User-generated Material.
User-generated Material
In the Service, you can upload content such as images, videos, descriptions, messages and photographs (”User-generated Material”). The User-generated Material you upload in the Service must be free from logos, names and other identifiers. You are responsible for all User-generated Material that you upload on the Website, and you are aware that such material will be made available on the Website. You accept and guarantee that you will not publish, publicise, transfer, distribute or upload User-generated Material on the Website and/or to the Service which:
- is inaccurate, misleading, untrue or incorrect;
- promotes or encourages illegal activity;
- is racist or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group);
- constitutes defamation, contains pornography or is in some other way sexually offensive;
- constitutes an attack against a certain sexual orientation or religion, or is in some other way discriminatory;
- constitutes insult or persecution of a person;
- is in some way derogatory, slanderous, offensive or illegal, or constitutes infringement of a third party’s intellectual property rights (including, but not limited to, copyright and trademarks); or
- is otherwise in violation of the intended purposes of the Service.
- use the Website and/or the Service to transfer or upload files or other content containing viruses, trojans, corrupted data, malware or other programs that could damage computers or other property;
- use the Website and/or the Service to defame, harass, threaten or discriminate against another person, or in some other way violate another person’s rights;
- distribute or reproduce all or parts of the Website and/or the Service;
- change, deconstruct or decompile any part of the Website and/or the Service, unless this is explicitly permitted pursuant to mandatory legislation;
- use software that reads data from the Website and/or the Service automatically;
- use the Website and/or the Service to request or encourage another User to do something that constitutes a violation of a provision in these Terms of Use; or
- misuse or abuse the Website and/or the Service, or use the Website and/or the Service for some illicit or unauthorised purpose (which includes the forwarding of a computer virus through the Website, or the use of the Website and/or the Service in a manner that violates or constitutes an infringement of another person’s rights).
Marketing by Professional Users
As a Professional User, the Service allows you to share and display information about, and special offers regarding purchases of the beauty-related services you provide (”User Offers” or ”Offer”). User Offers must comply with the requirements we impose on all User-generated Material and must also comply with the following requirements:
- your Offer must not contain any incorrect, deliberately omitted or misleading information regarding the services you are offering. Furthermore, the information you provide must be clear and understandable, and must not be ambiguous;
- price information regarding your Offer must be clear, correct and complete; your Offer must not copy or plagiarise the characteristics of other known and distinctive products or stylists;
- you must not compare your Offer with another party’s products or services, unless this is justified and is done in a manner that is in accordance with good marketing customs and practices; and
- your Offer must not in any other way constitute a violation of good marketing customs and practices.
Our principles regarding User-generated Material and User Offers
We do not tolerate messages that we deem to be inappropriate, unlawful or unethical. We have a statutory obligation to monitor the User-generated Material that is made available in the Service, and to remove User-generated Material from the Service under certain circumstances. We reserve the right, based on our own judgement, to remove User-generated Material which we feel is incompatible with these Terms of Use, or which we feel is improper, unethical or unlawful in some other way, or which could be harmful to us or Users of the Service. Furthermore, we reserve the right to remove Offers which, in our opinion, can be deemed to be incompatible with applicable marketing legislation. If you encounter User-generated Material which you feel constitutes a violation of these Terms of Use, or if you see User Offers which you do not feel are in compliance with our high standards and requirements, or if you receive a message from another User that is improper or inappropriate in some way, or if, for some other reason, you believe that the Service is being used for illegal purposes or for purposes which are not in keeping with these Terms of Use, please contact us via email at hello@dashlbeauty.com or write to us at DASHL AB, Riddargatan 35, 114 57 Stockholm.
Intellectual Property Rights regarding User-generated Material
The right of ownership in relation to all User-generated Material belongs to you, or to the third party that owns the intellectual property rights regarding such User-generated Material. You hereby grant us a worldwide, perpetual, non-exclusive, free-of-charge and transferable right to possess, process, amend, store, publish, distribute, stream, transfer, play, recode, copy, present, display and otherwise use User-generated Material to provide and market the Service, or any of our other existing or future products or other services. You guarantee that you own or possess all necessary rights to display and upload User-generated Material, to use User-generated Material in other ways, and to grant us a license to User-generated Material in accordance with the above. By uploading User-generated Material to the Service, you renounce all moral rights which you may have to such User-generated Material in relation to our use of it, including the right to be named when we use the User-generated Material within the framework for the Service, in collaboration with distribution partners or for marketing purposes, in all media and in all countries. Furthermore, you guarantee that any third parties who may own or possess moral rights to User-generated Material (for example, photographers hired by you to take pictures) have renounced all moral rights to the User-generated Material.
Marketing
We will strive to ensure that the Service and our Professional Users are marketed in the best possible manner. For marketing purposes, you, as a Professional User, give us the right to use your name and company name or other identifiers as a reference and in marketing of the Service, or any of our other existing or future products or other services, irrespective of media. By uploading User-generated Material containing your name or image in the Service, you, as a Customer or Professional User, consent to our use of your name and your image for marketing purposes. Pursuant to the Swedish Act on Names and Pictures in Advertising (1978:800), Users who upload User-generated Material to the Service undertake to ensure that, in relation to any such User-generated Material containing the name or image of an identifiable person, consent has been obtained from the identifiable person to use their name and image for marketing purposes. By joining the Service, Professional Users undertake to contribute to the production and provision of images and videos for the Service in connection with bookings made and performed through the Service. Professional Users have a responsibility in relation to Dashl AB to tag @dashl.se or refer to dashl.se in connection with the dissemination of images and videos produced in conjunction with Customer bookings made and performed via the Service. Professional Users shall transfer the intellectual property rights relating to all copies of images and videos produced in conjunction with bookings made and performed via the Service. Dashl AB has the right to produce images and videos relating to Customers who make a booking via the Service, and to publish such images and videos in our channels.
Payment
Customers do not pay for their use of the Service. Treatments that are booked through the Service must be paid for and booked within the Service. Within the framework for the Service, we undertake, on behalf of Users, to facilitate and monitor payment for bookings of treatments. For each transaction that is transacted via the Service, we charge the Professional User a transaction fee in accordance with the applicable price list at any given time. The applicable price list is available to the Professional User via their User Account. As a Customer, you have the choice of different methods of payment when paying for your treatment in connection with your booking. You may pay in advance with a credit or debit card, or you may use Klarna’s payment service. If, as a Customer, you have chosen to pay in advance with a credit or debit card, you are responsible for such payment in relation to the relevant Professional User, and the Professional User is ultimately responsible in relation to you as the Customer with regard to issues relating to booking, cancellation and complaints. If, as a Customer, you have instead chosen to use Klarna as your payment method, you are responsible for such payment in relation to Dashl, and Dashl is ultimately responsible in relation to you as the Customer with regard to issues relating to booking, cancellation and complaints. The Customer must make advance payment or payment via Klarna in connection with their booking. Every 14 days, we will send a statement of account to the Professional User and will process the payment (after deduction of transaction fees) to the Professional User. If a Customer cancels a booking made through the Service at least 24 hours prior to the appointment, we reserve the right to refund the entire payment amount to the Customer.
Customer complaints
Complaints must be submitted within 5 days of the visit. In connection with a Customer complaint, it is obligatory to make a personal visit to the Beauty Bar or, alternatively, to the salon or the professional practitioner who has performed the treatment, so that an assessment can be performed. Alternatively, you can send an image via email to roxana@dashl.se. We follow the guidelines of ARN (the Swedish National Board for Consumer Disputes) in relation to all Customer complaints, and you will be offered possible dates and times for corrective treatment within one week. No refunds will be paid regardless.
Network costs
It is your own responsibility to ensure that you have access to the network that is required in order to be able to use the Service. Costs may arise for e.g. transfer of data and messaging services. We are not responsible or liable for these costs. Furthermore, it is your own responsibility to obtain and update the hardware and/or software that is required in order to gain access to the Service.
Processing of personal data
We process personal data that we receive or obtain in connection with use of the Service. Personal data is processed in accordance with our applicable Personal Data Policy at any given time (available here).
Confidentiality
All Professional Users accept and guarantee to abide by a duty of confidentiality, as information of a confidential nature may be provided or made available by the Customer or the Service. Confidential information is any information about the Service or the Customer, regardless of the type of information, which may be provided or made available during the collaboration between the parties, with regard to knowledge, business secrets or other information about each party to the contract, regardless of the type of information, where disclosure of such information could cause harm or damage to the company or one of the Customers. Professional Users may not disclose confidential information to third parties, such as individuals, companies, authorities, agencies or organisations. Information that is a matter of public knowledge, or information that the parties to the contract already know about each other prior to commencement of the collaboration, is not deemed to be confidential information.
Evaluation of Professional Users
We have the right to contact Customers regularly for the purpose of following up and evaluating beauty-related services and treatments performed by Professional Users, and to check the quality of the services provided and the experience of the Customer. As a Professional User, you hereby approve that the Customer, after completion of a treatment, has the right to evaluate, comment on and rate the treatment that has been performed, and that such information will be made available to other Users on the Website.
Limitation of liability
The Website and the Service are provided in existing condition, without guarantees of any type. Your use of the Service is solely your own responsibility and takes place at your own risk. We do not provide any guarantees - direct, implied or in any other way - regarding the availability, quality, capability for any particular purpose, suitability or accuracy of the Website or the Service. We recommend that you do not rely on the Service for any purpose that is of importance to you, or the non-fulfilment of which you would not be able to tolerate, as situations may arise in which the Service will not be available due to, but not limited to, maintenance requirements or circumstances beyond our control. In addition, we reserve the right to make changes to or cease the provision of the Service in the future. To the extent permitted pursuant to mandatory legislation, we accept no responsibility or liability in relation to you or any third party, for any direct, indirect or other losses or damages of any type, including, but not limited to, loss of profits, loss of income, reduced turnover, disruptions to business activities or loss of goodwill, which arise on account of or in connection with these Terms of Use or the Service. We accept no responsibility or liability in relation to you for any third-party claims made against you. Under no circumstances shall our total liability in relation to you in connection with the Service for damages, losses and/or claims exceed the total amount of transaction fees we have charged in relation to the transactions which you, as a Professional User, have transacted through the Service.
Indemnity
You are liable in relation to us for all damages and/or losses suffered by us, or a third party, on account of your breach of these Terms of Use, including, but not limited to, abuse or misuse of the Website and/or the Service, use of the Service in a manner that constitutes a violation of these Terms of Use, or improper marketing. Furthermore, you undertake to hold us harmless in relation to all claims and demands, costs (including reasonable legal costs), outlays, damages and losses suffered by us in some manner on account of your breach of these Terms of Use or other applicable law. If any User-generated Material constitutes an infringement of a third party’s intellectual property rights, you agree to immediately remove all infringing parts of the material, and to hold us harmless in relation to all damages, losses, costs and outlays suffered by us as a result of such infringement. Changes to these Terms of Use, and modification/cancellation of the Service We have the right to change these Terms of Use. We will inform you about such changes no later than thirty (30) days prior to the date on which a change comes into effect. We will provide you with such information here or, in connection with changes of a material nature, we will send the information via email to the email address you have provided to us. As a Customer, you have the right to cancel your User Account in the Service at any time without prior notice. If we have reason to believe that a Customer is guilty of breaching these Terms of Use, we have the right to discontinue the Customer’s access to the Service with immediate effect. Notice of termination of the relationship between us and a Professional User may be given by either party with immediate effect, although the Professional User is obligated to complete the performance of all existing Customer bookings at the time of such termination. Dashl reserves the right to invoice the Professional User if the Professional User cancels existing Customer bookings after notice of termination has been given. In the relationship between us and a Professional User, each party has the right to terminate this contract with immediate effect if the other party cancels its payments or can in some other way be deemed to be insolvent. In addition, we have the right to cancel this contract with a Professional User with immediate effect, and to discontinue the Professional User’s access to the Service with immediate effect:
- if we have reason to believe that the Professional User is guilty of breaching these Terms of Use;
- if the Professional User changes the nature or focus of its business activities to something other than the types of beauty-related services or treatments we wish to provide through the Service;
- if the Professional User receives recurring negative reviews in the regular evaluations and checks we perform of the Professional User’s beauty-related services or treatments; or
- if the Professional User does not offer a sufficient number of available times for booking through the Service to make their participation in the Service relevant.