of Pluma
Pluma is part of Ostra Ventures LLC.
Email: hello@ostraventures.com · Phone/WhatsApp: +598 92 262 170 · Web: https://plumahouse.com
(hereinafter referred to as “Pluma”).
1. Scope and General Provisions
1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all business relationships between Pluma and customers (hereinafter “Customer”) in the version valid at the time the Customer commissions or orders the service or delivery. They apply in all countries in which Pluma operates.
1.2 Deviating, conflicting or supplementary general terms and conditions of the Customer shall not be recognised unless Pluma expressly agrees to their validity. This requirement for consent applies in all cases, for example even if Pluma performs the service or delivery without reservation in the knowledge of the Customer's terms and conditions.
1.3 The Customer may be either a consumer or an entrepreneur. A Customer is a consumer insofar as the purpose of the ordered services and deliveries cannot be predominantly attributed to their commercial or self-employed professional activity (hereinafter “Consumer”). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity (hereinafter “Entrepreneur”). Natural persons can only be Customers if they have reached the age of 18.
1.4 Legally relevant declarations and notifications to be made by the Customer to Pluma after conclusion of the contract (e.g. setting deadlines, notices of defects, declarations of withdrawal, termination or reduction) must be made in text form (e.g. email) in order to be effective, unless expressly stated otherwise.
2. Contractual Services
2.1 Contractual services of Pluma may include, in particular, the services pursuant to the following sections 2.2 – 2.5.
2.2 In-studio treatments
In-studio treatments are massages, Assisted Stretch, Facework and comparable services that Pluma provides on the basis of a corresponding contractual agreement in one of the Pluma studios (hereinafter “Pluma Studio”).
2.3 Gift cards and bundles
Gift cards are value or service vouchers for treatments issued by Pluma. Bundles are packages of several treatments. The Customer can purchase gift cards and bundles for a fee via the Pluma online shop or, where offered, in the Pluma Studios.
2.4 Products
Where Pluma offers products (e.g. care products), the Customer can purchase them for a fee via the Pluma online shop or in the Pluma Studios.
2.5 Bookings by pregnant customers
Pregnant customers may only book our specially designed pregnancy massage. Booking is only possible from the 2nd trimester (from the 13th week of pregnancy). For safety reasons, other types of massage are excluded during pregnancy, even if there are no medical contraindications.
3. Online Shop and Registration
3.1 Pluma operates an online platform provided via the website https://plumahouse.com and the booking application https://booking.plumahouse.com (hereinafter “Online Platform”). Via this Online Platform, contracts for treatments can be concluded and gift cards, bundles and – where offered – products can be purchased (hereinafter “Online Shop”).
3.2 The contract for the contractual services is always concluded with Pluma.
3.3 The Customer can conclude contracts for Pluma services in the Online Shop as a non-registered customer (hereinafter “Guest”) and, where Pluma offers a customer account, as a registered customer. Registration is free of charge.
3.4 Where registration is offered, it takes place on the Online Platform. To register, the Customer submits their application to Pluma by clicking the “Register” button. Pluma accepts the application by sending the Customer an email, which also asks them to verify their email address (conclusion of contract). Registration is completed upon verification of the email address. Only customers who have reached the age of 18 may register. There is no entitlement to registration. Pluma is entitled to reject registration applications without giving reasons. Only one registration per person / Customer is permitted.
3.5 The Customer may terminate their registration at any time (ordinary termination). Pluma may terminate the registration at any time with two weeks' notice. The right of both parties to extraordinary termination remains unaffected. Termination must be in text form; the Customer may send it by email to hello@ostraventures.com. Termination of the registration does not affect any contracts for services pursuant to section 2 of these GTC concluded separately between the Customer and Pluma.
4. Special Provisions for Treatments
4.1 Conclusion of contract
4.1.1 Conclusion of contract via the Online Shop
The offers for bookings of treatments in the Online Shop (offers to conclude corresponding contracts) are binding. The Customer can initially select them without obligation and correct their entries before submitting the binding booking declaration using the correction aids provided in the booking process. By submitting the booking declaration, the Customer accepts Pluma's offer to conclude a contract for the selected treatment (conclusion of contract). Immediately after submitting the booking declaration, the Customer receives a booking confirmation from Pluma by email.
4.1.2 Conclusion of contract on site in a Pluma Studio
Alternatively, the Customer may also book treatments on site in the Pluma Studios. In this case, the contract is concluded on site.
4.2 Prices
All prices stated in the Online Shop or in the Pluma Studios include applicable VAT/IVA.
4.3 Payment and due date
4.3.1 Payment is made by card (credit or debit card) via the payment service provider Stripe.
4.3.2 Payment of the fee is due immediately upon conclusion of the contract.
4.4 Cancellation
4.4.1 Without prejudice to any statutory right of withdrawal for consumers pursuant to section 4.5 below, the Customer may cancel bindingly booked treatments up to 24 hours before the agreed appointment in accordance with section 4.4.2 below (contractually agreed right of cancellation). Cancellations at shorter notice are not possible.
4.4.2 Cancellations pursuant to section 4.4.1 are possible via the Online Platform, by email to hello@ostraventures.com or by phone/WhatsApp at +598 92 262 170. A replacement appointment will be arranged, or after cancellation the Customer will receive a voucher by email in the amount of the agreed price of the cancelled treatment. A refund of the fee is not possible unless mandatory law provides otherwise. Pluma reserves the right to reschedule appointments for organisational reasons to a reasonable extent, both in advance and on the same day. In such cases, Customers will be informed in good time and will, upon request, receive an alternative time or a voucher.
4.5 Right of withdrawal
4.5.1 Where the customer, as a consumer (see section 1.3), has a statutory right of withdrawal or cancellation for treatments booked via the online shop (section 4.1.1) under the consumer protection law applicable to the contract, the period and legal consequences are governed by the applicable law. The contractual cancellation right under section 4.4 remains unaffected.
4.5.2 To exercise the right of withdrawal, the customer must inform Pluma (email: hello@ostraventures.com, phone/WhatsApp: +598 92 262 170) of their decision to withdraw from the contract by means of a clear statement. The statement should include the customer's name, the booking reference, the booking date and the date of the statement. Sending the statement in time is sufficient to meet the deadline.
4.5.3 In the event of an effective withdrawal, Pluma will reimburse payments already made without undue delay using the same means of payment used for the original transaction; no fees will be charged for this reimbursement. If the customer requested that the treatment begin during the withdrawal period, they shall – where the applicable law so provides – pay a reasonable amount for the services already provided up to the time of withdrawal.
4.6 Discount campaigns and promotions
4.6.1 The conditions of discount campaigns/promotions (e.g. duration, minimum order value, participating products/services) are communicated separately in each case. Promotion codes are not transferable, cannot be paid out and can only be redeemed once per order.
4.6.2 Combining several discount campaigns, as well as combining discount campaigns/promotion codes with gift cards, is excluded.
4.6.3 Pluma reserves the right to cancel or correct orders involving misuse of promotional benefits.
5. Special Provisions for the Purchase of Gift Cards, Bundles and Products
5.1 Conclusion of contract
5.1.1 Conclusion of contract via the Online Shop
Pluma's offers for the purchase of gift cards, bundles and products (hereinafter together “Goods”) in the Online Shop (offers to conclude corresponding contracts) are binding. The Customer can initially select them without obligation and correct their entries before submitting the binding order using the correction aids provided in the ordering process. By submitting the order, the Customer accepts Pluma's offer to purchase the selected Goods (conclusion of contract). Immediately after submitting the order, the Customer receives an order confirmation from Pluma by email.
5.1.2 Conclusion of contract on site in a Pluma Studio
Alternatively, the Customer may also purchase Goods, where offered, on site in the Pluma Studios. In this case, the contract is concluded on site.
5.2 Prices and shipping costs
5.2.1 All prices stated in the Online Shop or in the Pluma Studios include applicable VAT/IVA.
5.2.2 Where Goods are shipped physically, shipping costs are stated to the Customer during the ordering process and are to be borne by the Customer, unless the Customer exercises a right of withdrawal (see section 5.8). Gift cards are generally delivered electronically by email.
5.2.3 Pluma bears the shipping risk if the Customer is a Consumer.
5.2.4 In the event of withdrawal (see section 5.8), the Customer bears the direct costs of returning the Goods.
5.3 Payment
Section 4.3 applies accordingly.
5.4 Retention of title
The Goods remain the property of Pluma until paid for in full.
5.5 Gift cards and bundles
5.5.1 Gift cards purchased by the Customer must be redeemed within 2 years (validity period) from the date of purchase (date of conclusion of the contract, shown on the respective gift card); after this, there is no entitlement to redemption unless mandatory law provides for a longer period.
5.5.2 Any remaining balance expires at the end of the validity period. Cash payouts of gift cards or their value are excluded.
5.5.3 Any difference between the gift card balance and the price of the treatment may be paid by the Customer using the contractually permitted payment methods.
5.5.4 Bundles are subject to the conditions stated at the time of purchase (in particular the number of treatments included and the validity period).
5.6 Warranty
The statutory warranty rights under the applicable law apply.
5.7 Delivery and availability of Goods
5.7.1 The delivery times stated in the Online Shop are calculated from the time of our order confirmation. If no delivery time, or no differing delivery time, is stated for the respective Goods in our Online Shop, it is 5 days.
5.7.2 The following delivery restrictions apply: Pluma only ships physical Goods to delivery addresses in countries in which Pluma operates.
5.8 Right of withdrawal
5.8.1 Where the customer, as a consumer (see section 1.3), has a statutory right of withdrawal or cancellation for goods purchased via the online shop (section 5.1.1) under the consumer protection law applicable to the contract, the period and legal consequences are governed by the applicable law.
5.8.2 Section 4.5.2 applies accordingly to the exercise of the right of withdrawal. Pluma will reimburse payments already made without undue delay using the same means of payment used for the original transaction. Pluma may refuse reimbursement until the goods have been returned to Pluma or the customer has provided proof that they have sent the goods back. The customer bears the direct costs of returning the goods and is only liable for any loss in value of the goods if this is due to handling that was not necessary to examine their nature, characteristics and functioning.
6. Liability
6.1 In the event of intentional or grossly negligent breach of duty, Pluma is liable – regardless of the legal grounds – in accordance with the statutory provisions.
6.2 In the event of simple negligence, Pluma is only liable for damage resulting from the breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer regularly relies and may rely. In the event of a breach of essential contractual obligations, the obligation to pay compensation is limited to the foreseeable damage typically occurring at the time the contract was concluded.
6.3 The limitation of liability pursuant to section 6.2 does not apply to damage resulting from injury to life, body or health, to claims under mandatory product liability provisions, or where a defect was fraudulently concealed or a guarantee for the quality was assumed.
6.4 The above exclusions and limitations of liability apply to the same extent in favour of the corporate bodies, legal representatives, employees and other vicarious agents of Pluma.
6.5 Health-related risks & liability
6.5.1 Treatment offerings serve general well-being only, not medical diagnosis or healing – please consult a doctor beforehand if necessary.
6.5.2 Please inform us of any relevant pre-existing conditions, pregnancy or allergies. We accept no liability for incomplete or missing information.
6.5.3 We are not liable for direct or indirect damage arising in connection with the treatment, to the extent permitted by law.
6.5.4 By booking, you accept these conditions and voluntarily assume the associated risk.
7. Health, Booking Requirements and Personal Responsibility
Our treatments serve relaxation, regeneration and general well-being only. They do not replace medical treatment, diagnosis or therapy by a doctor or therapist.
Please note:
- In the case of acute or chronic illnesses, physical complaints, pregnancy (especially in the 1st trimester), injuries, recent surgery or similar health restrictions, you should seek medical advice before booking.
- For pregnancy massages: these may only be performed from the 2nd trimester (week 13) onwards.
- When booking, you declare that no medical contraindications exist that would speak against carrying out the chosen treatment.
- The treatment is carried out at your own risk.
8. Loyalty Points
8.1 Where Pluma offers a loyalty points programme, only registered Customers can collect electronic loyalty points for the purchase of treatments pursuant to section 2 of these GTC at Pluma (in the Pluma Studios or in the Online Shop). The loyalty points can only be redeemed at Pluma for rewards.
8.2 Loyalty points can be collected through various and partly changing activities, e.g. by booking/purchasing Pluma services. The offer valid at the time applies.
8.3 The loyalty points are personalised insofar as they can only be used by the acquiring Customer. In particular, loyalty points are not transferable to third parties. Loyalty points have no specific monetary value; cash payouts of loyalty points are excluded. If loyalty points are not recorded automatically upon acquisition, the Customer has 14 days after fulfilling the conditions required for acquiring the loyalty points to have them credited to their user account by notifying Pluma.
8.4 In the event of the reversal of a contract underlying the acquisition of loyalty points (for whatever reason, e.g. rescission, withdrawal, contract termination, contestation, etc.), as well as in the event of incorrect bookings or misuse, the credit of the corresponding loyalty points will be cancelled. If the Customer has already redeemed the loyalty points to be cancelled, subsequently acquired loyalty points will not be credited to the points account until the number of loyalty points to be cancelled has been reached.
8.5 Unless the loyalty points expire in accordance with sections 8.6 – 8.7 of these GTC, the following applies: loyalty points are valid for 24 months. The validity period is calculated from 1 January following the crediting of the loyalty points. Upon expiry of the validity period, the loyalty points expire automatically.
8.6 In the event of ordinary termination of the registration by the Customer, as well as in the event of extraordinary termination by Pluma, the loyalty points expire upon receipt of the notice of termination.
8.7 In the event of ordinary termination of the registration by Pluma, the loyalty points remain valid for a period of 6 months after receipt of the termination and expire automatically thereafter.
8.8 Customers have no entitlement to the continuation of the loyalty points programme. Pluma reserves the right to discontinue the programme at any time.
8.9 The Customer can view the balance of acquired and not yet redeemed loyalty points at any time via their user account.
9. Data Protection
Pluma attaches great importance to the careful handling of Customers' personal data and complies with the applicable data protection provisions. In this regard, please refer to the separate privacy policy.
10. Final Provisions and Information
10.1 The languages available for concluding the contract: German, English and Spanish.
10.2 The law of the country in which Pluma provides the respective service applies. If the Customer is a Consumer, the mandatory consumer protection provisions of the country in which they have their habitual residence remain unaffected.
10.3 The contract data (service, appointment, price) are sent to the Customer with the confirmation email. The current GTC can be accessed at any time at https://plumahouse.com.
10.4 Please send questions and complaints to hello@ostraventures.com or by phone/WhatsApp to +598 92 262 170 (customer service: daily, 10:00–20:00).