General Terms and Conditions (GTC)

§ 1 Scope and Provider

1.1 These Terms and Conditions ("T&Cs") apply to the use of the Lushly online marketplace (hereinafter "Lushly", "we", "us") at the address lushly.world.

1.2 Provider is Sviatoslav Karapka, Bahnstraße 36, 16727 Velten, Germany (see Imprint). Lushly operates a marketplace where independent beauty and wellness salons ("Providers") can offer their services and end customers ("Users") can book appointments.

1.3 Lushly is currently in a development and testing phase. Usage is free for both end customers and salons. No commissions or brokerage fees are currently charged. Monetization will be introduced with at least 14 days' notice to all users.

1.4 Deviating, conflicting, or supplementary terms and conditions of the user or salon will not become part of the contract, unless their validity is expressly agreed to in writing.

§ 2 Marketplace model and contractual relationships

2.1 Lushly exclusively provides a technical platform that brings users and salons together. Lushly is NOT a contractual partner for the treatments agreed upon between the user and the salon.

2.2 The contract for the respective treatment is concluded exclusively between the user and the selected salon. Lushly acts solely as an intermediary and assumes NO liability for the proper provision of the service, the quality, the safety, or the conduct of the salons.

2.3 Reviews, prices, descriptions, opening hours, and photos are exclusively uploaded by the salons themselves. Lushly only checks content on a random basis and does not guarantee its accuracy, completeness, or timeliness.

2.4 Salons are solely responsible for complying with all legal regulations applicable to their business (trade regulations, hygiene regulations, tax law, labor law, etc.).

§ 3 Registration and User Account

3.1 Booking via Lushly requires a user account. Registration is free.

3.2 Users must provide truthful information during registration. Minimum age: 18 years. For underage users, the explicit consent of legal guardians is required.

3.3 The account may not be transferred to third parties. The user is responsible for the secure storage of their login credentials. Lushly must be informed immediately if misuse is suspected.

3.4 Lushly reserves the right to suspend or delete accounts that repeatedly violate these terms and conditions, engage in fraudulent activities, or misuse the platform.

§ 4 Booking process

4.1 Standard Booking

After selecting a salon, service, date, and time, the user can submit a binding booking. The salon receives the request and either confirms or declines it. For online payments, the amount is collected from the user via Stripe at the time of booking and paid out to the salon after the treatment is successfully completed (possibly minus a Lushly service fee — currently 0%).

4.2 Consultation requests (e.g., for tattoo)

For complex services like tattoos, the user sends a consultation request with a description and, if applicable, reference photos. The salon then suggests a date, duration, and price. The user can accept the suggestion, propose another appointment, or decline it. A binding contract is only formed upon acceptance.

4.3 Walk-In Salons

Some salons don't offer online booking. In this case, the Lushly page serves as a digital business card; contact is made directly by phone or on-site.

§ 5 Prices and Payment

5.1 All displayed prices are the salon's final prices according to its own price list. If the salon is subject to VAT, the statutory VAT is included.

5.2 Payment processing is handled by Stripe Payments Europe, Ltd. (Credit card, SEPA direct debit, Apple Pay, Google Pay, other methods). Additionally, the Stripe-Nutzungsbedingungen. By booking, the user agrees to the data transfer to Stripe.

5.3 For walk-in salons or salons without a Stripe connection, payment is made in cash or by card directly at the salon. Lushly is not liable for disputes regarding on-site payments.

5.4 In the current free mode (FREE MODE), Lushly does NOT retain any service fee. The salon receives the full booking amount (minus the payment fees charged by Stripe — currently approx. 1.5% + €0.25 within the EU). Should a Lushly commission be introduced later, it will be announced transparently.

5.5 Note (Setup Phase): Online payments via Stripe are not yet active. Until they are enabled, payment is exclusively made on-site at the salon (cash or card). The regulations for online payments (5.2–5.4, 6.3) will apply once activated.

§ 5a Paid Salon Subscriptions

5a.1 Target Audience: Paid subscriptions are exclusively for entrepreneurs as defined by § 14 BGB (salons, studios, independent service providers). Contracts with consumers are excluded.

5a.2 Plans: Lushly offers the "Solo" plan (€30 per month or €300 per year) and the "Studio" plan (€50 per month or €500 per year). The scope of services included in each plan can be found in the plan overview on the "For Salons" page, which is part of these terms.

5a.3 Prices: All stated prices are net prices plus statutory VAT, where applicable. The price displayed at the time of order is authoritative.

5a.4 Trial Period: New salons can test Lushly once for 14 days free of charge with full functionality. The trial period ends automatically and does NOT automatically convert into a paid subscription. No automatic charges will occur. If no plan is chosen after the trial, the salon profile remains visible in the directory, but administrative functions will be blocked.

5a.5 Conclusion of Contract: The contract is concluded as soon as the salon selects a plan and successfully completes the payment process with our payment service provider. The salon will then receive a confirmation via email.

5a.6 Term and Renewal: The subscription runs for one month or one year, depending on your choice, and automatically renews for the same period unless cancelled before its expiration.

5a.7 Cancellation: The subscription can be cancelled at any time at the end of the current billing period — directly in the Salon Dashboard under "Subscription & Payment" or informally via email to info@lushly.world. Access remains fully active until the end of the already paid period. No pro-rata refund will be issued for the current period.

5a.8 Payment and Invoices: Billing is handled by the payment service provider Stripe (credit card, SEPA direct debit, and other methods offered there). Lushly provides invoices electronically; they can be accessed at any time in the payment portal. Card data is processed exclusively by Stripe and is not accessible to Lushly.

5a.9 Payment Default: If a payment fails, the salon will be informed by email; access will initially remain active, and further payment attempts will be made. If payment remains outstanding permanently, Lushly may block the paid features. The salon profile and stored data will be retained and not deleted.

5a.10 Price Changes: Changes to subscription prices will be announced by email at least 30 days before they take effect. In this case, the salon may cancel the subscription until the changes become effective.

5a.11 Scope of Services: Lushly continuously develops the platform. Individual functions may be added, changed, or replaced, as long as the overall contractual scope of the plan is not significantly restricted thereby. There is no entitlement to a specific number of bookings, views, or new customers.

5a.12 No Right of Withdrawal: As paid subscriptions are exclusively for entrepreneurs, there is no statutory right of withdrawal; § 312g BGB only applies to consumers.

5a.13 Extraordinary Termination: Lushly may terminate the subscription without notice in the event of serious or repeated breaches of these terms — particularly against the rules of conduct under § 9a. No refund for the current billing period will be issued in this case.

§ 6 Cancellation and Refund

6.1 Each salon sets its own cancellation policy (e.g., "free cancellation up to 24h beforehand"). The deadline is clearly visible on the booking page and in the confirmation email.

6.2 Cancellations made within the deadline are free. If you cancel outside the deadline, cancellation fees up to the full booking price may apply, depending on the salon's policy.

6.3 For Stripe payments, the refundable amount is automatically credited back to the original payment method within 5–10 business days. The exact duration depends on the user's bank.

6.4 In case of a short-notice cancellation by the salon without a valid reason, the customer is entitled to a full refund of the amount already paid. Further claims for damages are to be directed directly against the salon.

§ 7 Reviews

7.1 Users can rate the salon after a completed booking (1–5 stars + optional text). Reviews are published directly without prior moderation.

7.2 Reviews must be factual and truthful. The following is prohibited and will lead to immediate removal and, if applicable, account suspension:

• Insults, threats, discriminatory remarks
• Obviously false factual claims
• Reviews without an actual treatment having taken place
• Blackmail attempts or defamatory criticism
• Advertising, spam, external links
• Publication of third-party personal data

7.3 Salons are NOT permitted to review their own salons, nor should they pressure or pay customers for positive reviews ("fake reviews"). Violations will lead to account suspension.

7.4 Salons can publicly respond to reviews. The response must also be factual.

7.5 Lushly reserves the right to remove reviews without stating reasons if they violate these terms and conditions or applicable law.

§ 8 Salon Responsibilities

8.1 Salons commit to truthfully representing their services, prices, and availabilities.

8.2 Salons respond promptly to booking requests (within 24 hours) and adhere to agreed-upon appointments.

8.3 Salons guarantee that they possess all necessary business registrations, professional qualifications, hygiene permits, and insurance.

8.4 Salons are responsible for paying taxes and social security contributions on revenue generated through Lushly. Lushly does not provide certifications or tax advice.

8.5 In case of suspected review manipulation, fraud, illegal activity, or repeated valid complaints, Lushly reserves the right to suspend the salon account immediately and without prior notice.

§ 9 User Responsibilities

9.1 Users agree to keep booked appointments or cancel them in good time within the salon's cancellation period.

9.2 Multiple no-shows (missed appointments without cancellation) can lead to account suspension.

9.3 The platform may not be used for illegal purposes, spam, manipulation, automated scraping, or harassment of other users.

§ 9a Rules of Conduct, Moderation, and Reports

9a.1 Lushly is a place for respectful interaction. The following rules apply to all content that users or salons create on the platform — especially reviews, chat messages, profile texts, and inquiries.

9a.2 Specifically prohibited are:

• Insults, denigration, and harassment of other individuals;
• Threats, incitement to violence, and intimidation;
• Hate speech and discrimination based on origin, religion, gender, sexual orientation, disability, or age;
• Sexually harassing or offensive content;
• Fake or manipulated reviews, including those from competitors or created on one's own behalf;
• Spam, unsolicited advertising, and automated content scraping;
• The publication of third-party personal data without their consent;
• Unlawful content of any kind.

9a.3 Automatic Review: Content is automatically checked for potential violations upon submission. Content indicating threats or hate speech will be withheld from publication and manually reviewed. The automatic review serves only as a preliminary sorting — the final decision is always made by a human.

9a.4 Reporting Function: Any person can report content that violates these rules using the "Report" button. Reports will be reviewed promptly. Abusive or mass reporting can itself be considered a violation.

9a.5 Possible Consequences: Depending on the severity and repetition of a violation, Lushly may take the following measures — removal or non-publication of content, a warning, temporary restriction of individual features, temporary or permanent account suspension, and, for paid plans, termination of the contract for good cause. In the event of suspension due to a violation, there is no entitlement to a refund of amounts already paid for the current billing period.

9a.6 In the event of threats, incitement to violence, or other criminal offenses, Lushly reserves the right to report the matter to the competent authorities and to transmit necessary data for this purpose.

9a.7 Appeal: Affected parties can informally appeal a moderation decision by emailing info@lushly.world. The case will then be reviewed again.

9a.8 These rules apply equally to free usage and paid subscriptions, regardless of the chosen plan.

§ 10 Liability

10.1 Lushly is NOT liable for the quality, safety, suitability, or proper provision of services rendered by the salon. The salon is exclusively the contractual partner for the treatment.

10.2 In particular, Lushly is NOT liable for:

• Health consequences, allergies, injuries or damages from rendered treatments
• Incorrect or incomplete information in salon profiles
• Disputes between users and salons regarding quality, price, or behavior
• Losses, theft, or damage on salon premises
• Delays, appointment changes, or short-notice cancellations by salons
• Content and behavior in reviews or chat messages

10.3 In the event of its own breaches of duty, Lushly is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health. In cases of simple negligence, Lushly is liable only for damages resulting from the breach of essential contractual obligations (so-called cardinal duties) and only to the extent of the foreseeable, typical contractual damage.

10.4 We do not guarantee uninterrupted platform availability. Maintenance, downtime, or bug periods are possible. In build mode (FREE MODE), functional changes or temporary restrictions may occur.

10.5 Lushly is not liable for data loss if the damage could not have been prevented by fulfilling industry-standard due diligence (regular backups, SSL encryption).

10.6 Liability for content (salon descriptions, reviews, photos) not created by Lushly itself only arises according to §§ 7–10 DDG upon knowledge of a specific legal infringement. Please send complaints to info@lushly.world.

§ 11 Exemption

The user / salon indemnifies Lushly against all third-party claims made against Lushly due to an infringement of their rights by content posted by the user / salon (descriptions, photos, reviews) or by a violation of these GTC. This also includes reasonable attorney's fees and court costs.

§ 12 Right of withdrawal (for consumers)

For services with a fixed appointment (beauty and wellness treatments), the right of withdrawal is excluded according to § 312g para. 2 no. 9 BGB (so-called "leisure service with appointment"). Cancellations are only possible within the respective salon's cancellation period (see § 6).

There is no right of withdrawal for paid salon subscriptions, as these are aimed exclusively at entrepreneurs (see § 5a.12).

§ 13 Intellectual property

13.1 All content on the Lushly platform (logo, layout, texts, graphics, source code) is protected by copyright. Use outside of the intended purpose is prohibited without written consent.

13.2 The salon grants Lushly a simple, spatially and temporally unlimited, free right of use for the content it uploads (salon descriptions, photos, logos, reviews, etc.). This right of use includes, in addition to display on the platform, its use for advertising and marketing purposes for Lushly – especially in social media, online and offline advertising, newsletters, and press and promotional materials. The salon guarantees that it possesses all necessary rights for this purpose and that, in particular, depicted persons (e.g., employees, clients) have consented to this use (right to one's own image). The salon can object to commercial use with future effect at any time by sending an email to info@lushly.world.

§ 14 Data privacy

The processing of personal data takes place according to our Privacy Policy, which is part of these GTC.

§ 15 Final Provisions

15.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

15.2 The exclusive place of jurisdiction for disputes with businesses is Lushly's registered office (Velten, Germany).

15.3 Should individual provisions be or become invalid, the remaining provisions shall remain unaffected. The statutory regulation shall replace the invalid provision (Severability Clause).

15.4 Changes to these Terms and Conditions will be announced to registered users via email with a 14-day notice period before they come into effect. If the user does not object within this period, the changes are considered accepted. In case of an objection, the contractual relationship may be terminated.

15.5 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings.