GENERAL TERMS AND CONDITIONS OF SALE
LONG-TIME-LINER® CONTURE® MAKE-UP GMBH
STATUS: 1st February 2022
LONG-TIME-LINER® Conture® Make-up is a special method for semi-permanent make-up as well as for reshaping and convalescence pigmentation. Training, permanent education and ongoing further training in combination with LONG-TIME-LINER® micropigmentation devices and LONG-TIME-LINER® supplies and accessories are the basis for the successful application and form a conceptual unit. For this reason LONG-TIME-LINER® initial training can only be booked in combination with the purchase of a LONG-TIME-LINER® micropigmentation device.
I. Scope of Application
LONG-TIME-LINER® Conture® Make-up GmbH, Tal 14-18, 80331 Munich (hereinafter referred to as “Seller“) provides all its deliveries and services exclusively subject to the application of the following Terms and Conditions of Sale and Delivery.
These shall apply expressly for all – also future – deliveries and services made by LONG-TIME-LINER® Conture® Make-up GmbH even if they are not particularly referred to.
Any deviations from these terms and conditions require approval in written form.
The applicability of the Purchaser’s general terms and conditions shall be expressly excluded.
II. Offer and signing of contract
- Offers made by the Seller shall be binding unless the Seller has explicitly indicated in writing that these are subject to confirmation and non-binding.
- Illustrations, specimens, samples, and dimensions connected with the Seller‘s offers shall be non-binding unless the Seller has expressly indicated that they shall be binding.
- Current versions of the company’s website shall become invalid on release of an updated version.
- The following information must be supplied with any order: customer number, invoice address, delivery address (if different from the invoice address), article number, article name, size, content and quantity.
- In the absence of any special agreement, the contract shall become effective when the Seller confirms the order in writing.
III. Consignment volume
- The consignment volume shall be determined by the Purchaser‘s order. The Buyer must inform the Seller in writing by letter, e-mail or fax of any supplementary requests and changes to the order.
- If an ordered item is not deliverable, the Seller shall be entitled to refuse to delivery of this item. The Buyer shall be informed immediately about the non-deliverability of the ordered item.
IV. Prices and payment terms
- All price information is fundamentally understood to be in Euro ex LONG-TIME-LINER® Conture® Make-up GmbH, Tal 14-18, 80331 Munich, in addition to the VAT to be assumed by the Buyer in the respective statutorily prescribed amount. The dispatch and packaging costs shall be charged additionally. Shipping is free within Germany and Austria from an order value of EUR 300,- on. Delivery details and costs for all other countries are available on request. Should shipment due to technical or logistic reasons take place in more than one batch, shipping costs shall only be invoiced once to the customer.
- In case the Buyer is liable for taxation in another member state of the EU and presents the certificate of fiscal residence issued by the fiscal authorities of the member state where the customer has his seat, then the Seller will indicate on the invoice the net price of the delivered products. Further on, in case of personal taking over of the product, he will declare in written, that he will transport and use the product in another member state of the EU.
- Standard payment terms are in advance of shipment. The seller reserves the right to accept other forms of payment.
- In the event payment is not received when due the Buyer shall bear a late payment in the amount of 8 % over basis rate of the European Central Bank, from the date of shipment until paid. Verification of a higher loss by the Seller is permissible.
- The Buyer shall be entitled to offsetting, withholding or reduction, even in the case of notice of defects or counterclaims, if his/her counterclaims have been legally determined, are not disputed, or recognized by the seller in writing. The Buyer has no right of retention, unless his counterclaim is based on the same contractual relationship.
- The Seller’s General Terms and Conditions of theTraining Academy shall apply for all seminars.
V. Delivery dates and period
- Delivery dates or periods which have not been expressly agreed as binding by letter, e-mail or fax shall be deemed to be exclusively nonbinding information. An agreed upon delivery date starts with the receipt of the written confirmation of the order at the Buyer.
- The deadlines shall be deemed to have been met if the goods have left the storage before expiry of the deadline in question. If the delivery of goods ready for dispatch is being delayed due to Buyer’s reasons the deadlines shall be deemed to have been met.
- If the Seller is unable to meet an agreed on deadline or otherwise falls behind, the Buyer must accord a two week period of grace, commencing on the day the Seller receives the written reminder. If this period of grace expires with no result, the Buyer has the right to withdraw from the contract. In case of partial delivery the withdrawal is permitted only with regard to the remaining part delivery that was not effected within the period of grace.
- The Seller is at any time entitled to partial deliveries and to performances in part, unless the partial fulfillment of the contract is without use for the Buyer.
- Force mature of any kind, unpredictable operating, traffic or shipping disruption, fire, explosion, natural disasters, high or low water, unpredictable manpower, energy, raw materials or supplies shortage, strikes, lockouts, war, political unrest, acts of terrorism, government decrees or other impediments beyond the Seller’s control, which delay, prevent or render unreasonable the performance, delivery or acceptance, release the Seller from the obligation to provide services for the duration and extent of the disruption.
VI. Risk transfer and shipment
- Loading and shipment take place uninsured and at the Buyer’s risk. If required by the Buyer, Seller shall insure the goods at the cost of the Buyer.
- The choice of transport method and the means of transport are at the Seller’s discretion. Additional costs caused by the Buyer’s requests and interests regarding type and route of shipment shall be covered by the Buyer.
- Transport packaging and all other packaging in accordance with German Packaging Ordinance is non-returnable and becomes the Buyer’s property. Disposal of the packaging shall be at the Buyer’s expense.
- Should the dispatch be delayed at the request of the Buyer or due to his fault, the goods will be stored at the Buyer’s cost and risk. In this case notice that the goods are ready to be shipped shall be equivalent to the actual dispatch of the goods.
- If the Buyer does not accept the ordered goods on the agreed delivery date or refuses to accept the goods, the Seller shall be entitled either to insist on acceptance or to withdraw from the contract and to claim 10% of the purchase price for overall damages and expenses, unless the buyer provides the counter evidence of substantial lower damage.
- The purchaser shall examine the delivery immediately after delivery for its freedom from defects and check it for completeness and notify the seller of any defects discovered in writing without delay, but no later than within 14 calendar days. In case of no notification, the delivered goods shall be deemed accepted by the purchaser, unless the defect was not apparent during the investigation. Defects discovered later shall also be reported to the seller immediately; otherwise, the goods shall be deemed accepted in view of these defects. For the rest, §377 HGB applies accordingly.
- If a complaint is wrongly made, the Seller is entitled to a refund of the expenses incurred.
- If there is any substantial defect of the goods that is due to the Seller’s fault and notification was given in time by the Buyer, the Seller shall have the obligation of subsequent performance, under exclusion of the Buyer’s right to withdraw from the contract or lower the purchase price, unless the Seller is entitled due to the legal regulation to refuse subsequent performance. The Buyer shall grant the Seller a period of grace for subsequent performance.
- Subsequent performance may be either repairing of the defect or delivery of new goods, at the Seller’s discretion. The subsequent performance is basically executed without recognition of a legal obligation. The Buyer shall only have the right to withdraw from the contract, if two attempts of rectification or replacement delivery failed.
- The Buyer shall only be able to make claims for compensation for substantial defects under the following conditions, if the subsequent performance has been unsuccessful or the Seller has refused subsequent fulfillment. The right of the Buyer to assert additional warranty claims which meet the conditions below remains unaffected.
- All of the Buyer’s claims against the Seller – regardless of the legal reason – shall become statute-barred one year after the delivery of the goods; there is no warranty on the purchase of used goods at all. This does not apply insofar as statutory provisions mandate a longer limitation period. In cases in which the liability of the Seller according to §VII of these Terms and Conditions is unlimited, the statutory limitation periods apply exclusively.
- The Seller in particular accepts no warranty for damages caused by unsuitable and improper use, incorrect assembly or commissioning by the Buyer or third parties, natural wear and tear, incorrect or negligent treatment, chemical, electrochemical or electrical influences.
- For damage of rights and goods and for damage, which occur not to the contractual goods and rights – regardless of its legal basis or factual reason – the Seller is liable only:
a) In case of willful intent,
b) In case of gross negligence by bodies and its managing staff,
c) In case of culpable violation of life, body or health,
d) In case of fraudulent concealment of a defect, or if its absence was guaranteed in writing,
e) In case of delivered item defects to the extent as liability is provided under the German Product Liability Act for personal injury and property damage in relation to privately used items.
- This liability limitation shall not apply to cases where liability is mandatory, such as in cases subject to the German Product Liability Act, in the event of intent, gross neglect of the statutory representatives or executives of the company or in the event of culpable violation of cardinal contractual obligations. In the case of a slightly negligent breach of cardinal obligations by the seller, its legal representatives, employees or other vicarious agents, the liability of the seller for all contractual, extra-contractual and other claims for damages and reimbursement of expenses, regardless of their legal nature, is limited to foreseeable damages typical for the contract. The buyer acknowledges that the amount owed according to §IV of these Terms and Conditions represents the contract-typical and foreseeable damage under this contract.
- Further claims are excluded.
IX. Extended retention of title
- The Buyer reserves retention of title to the goods delivered until the complete payment of all claims, including all fees and additional costs.
- The Buyer may neither pledge the delivered goods subject to a retention of title nor collateralize them without consent of the Seller. In case of attachments or any other interventions by third parties, the Buyer shall immediately notify such third party of the Seller’s rights of retention. The Buyer shall inform the Seller in writing and hand over all relevant information and documentation.
- In case that the Buyer acts contrary to the contract – especially concerning late payment – the Seller shall be entitled to take back the retained goods or, where appropriate, demand the Buyer’s surrender claims against third parties, if necessary.
- Due to the retention of title, the Seller can demand surrender of the delivery item only after withdrawing from the contract.
- The Buyer shall be entitled to resell the goods that are subject to retention of title within ordinary course of business. The Buyer’s claims arising from the resale of the retained goods shall be herewith transferred to LONG-TIME-LINER® Conture® Make-up GmbH which hereby accepts such assignment. This assignment shall apply irrespective of whether the retained goods were resold without or after processing. The Buyer shall be entitled to collect the claim even after the assignment. The Seller’s authority to collect claims by himself shall remain unaffected hereby. However, the Seller shall be obliged not to collect the claims as long as the Buyer fulfills his payment obligations, is not in default of payment, no petition has been filed for the opening of bankruptcy proceedings with regards to the Buyer’s assets and the Buyer has not discontinued his payments.
X. Provided documents (copyright)
- The buyer assures that all intellectual property rights of the seller remain untouched and assures that he will not attack or challenge them in the future.
- Except for the contractual Products provided by the Seller, the Buyer is not entitled to use the name of the Company, the “LONG-TIME-LINER®” trademark or any other intellectual property rights belonging to the Seller, whether registered or not, without prior written permission by the seller. Nothing in this Agreement may create a license to the buyer.
- The Buyer shall not take any action which could have a detrimental effect on the rights of the Seller or which could jeopardize or invalidate its registration. In addition, Buyer shall not create or acquire any rights, directly or indirectly, in the same or similar intellectual property rights, and shall not register and / or use any domains / e-mail addresses containing the word “LONG-TIME-LINER®”.
XI. Data protection
LONG-TIME-LINER® Conture® Make-up GmbH stores and processes Buyer’s data exclusively for the completion of the order and customer relations. The Seller shall only supply such third parties with the information strictly necessary for completion of the commercial transactions or supply of services requested. The Seller shall strictly adhere to the terms of the Federal Data Protection Act.
XII. Final provisions
- The laws of the Federal Republic of Germany shall exclusively govern the relationship between the contractual partners to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), to the extent that mandatory statutory directives do not contradict this provision.
- Place of fulfilment and sole court of jurisdiction shall be Munich.
- For non-commercial Buyers the legally statutory terms and conditions apply.
- The invalidity of individual regulations within these General Terms and Conditions of Sale does not affect the effectiveness of the remaining regulations. The statutory provisions shall replace the invalid regulations.
General Terms and Conditions
for the LONG-TIME-LINER® Conture® Make-up GmbH – Training Academy
The contracting party is referred to below as the Participant, the firm LONG-TIME-LINER® Conture® Make-up GmbH (see above) as the Academy. The Participant and the Academy together are referred to as the Contracting Parties.(Valid as of May 1, 2022)
1.) Conditions for participation
1.1. Anyone who is at least 18 years of age and can prove that they have completed their school education can undertake training at the Academy.
1.2. Applicants will also be accepted who can demonstrate that they have acquired, either through work or by other means, several years of experience in the field of permanent face and body pigmentation.
1.3. Personal suitability can be verified by taking part in a “trial day”.
1.4. If it is determined after the signing of the contract that the above admission requirements have not been met, the Academy reserves the right to terminate the contract extraordinarily (without notice). In this
case the Participant is responsible for the extraordinary termination if she or he fails to demonstrate special circumstances.
2.1. These general terms and conditions apply to the execution of events such as: open training courses; in-house events; seminars; training sessions; and workshops.
2.2. The Academy´s offerings and services are governed exclusively by these general terms and conditions. Changes are valid only insofar as they are agreed in writing.
3.) Offering, contract signing, withdrawal
3.1. The offerings of the Academy are subject to confirmation and are non-binding. This applies also to the pricing. The subject of the contract is the agreed activity or other service and not a successful completion.
3.2. The Participant may register or place an order in writing, by telephone, in person, by fax, or online with the Academy. The declaration or order placement is binding as soon as the Participant receives a written
order confirmation. A deposit amounting to at least € 500 is due on receipt of the order confirmation.
3.3. It is possible to rescind a registration or an order in writing. In the case of a rescind order that is received
– no later than four weeks prior to the start of the event: In this case there will be no charge and the deposit will be refunded;
– up to 15 days before the start of an event: The price will be reduced to 30% of the full event price, with the deposit credited toward payment;
– up to 7 days before the start of the event: The price will be reduced to 50% of the full event price, with the deposit credited toward payment.
In the case of a later cancellation of a no-show, or early departure from the event, the full event price will be charged, with the deposit credited toward payment.
The date of receipt of the rescind order is decisive in determining compliance with the above deadlines. The designation of a suitable replacement Participant is possible. Your statutory right of withdrawal shall remain unaffected, but only until the beginning of the event.
3.4. The Academy may without the consent of the Participant disclose parts of an order to third parties in the case of subcontracting if it has been ascertained that the subcontractors meet the Academy´s quality management requirements.
4.) Payment conditions
4.1. Unless individual contractual terms have been agreed, the current valid prices are those listed in the current published event programs. Amounts due are to be paid immediately upon receipt of the invoice
without deductions into one of the listed bank accounts. Reference to the invoice number must be included with payment. The Academy reserves the right to require cash payments and pre-payment from Participants at events as a prerequisite for participation. Payment of the full price must always be made prior to the start of the event.
4.2. All prices are exclusive of VAT at the applicable statutory rate (exceptions pursuant to §4 No. 21 UStG [the German Turnover Tax Act] are marked separately). The final price stated in invoices includes the VAT
amount applicable on the invoice date. If an increase in statutory VAT is introduced after the publication of the event program, the Academy reserves the right to charge the respective additional amount.
4.3. The price stated in invoices for an event includes the cost of attendance, examination fees, and all costs for learning materials. Extras such as meals, accommodation, and data storage media are billed separately.
4.4. Event participation cannot be divided among several Participants. A partial booking involving a price reduction is not possible.
5.) Event realization
5.1. Events are conducted according to the published program of events or as agreed separately with the Participants. The Academy reserves the right, however, to make changes as long as they do not fundamentally alter the main objective of the event.
5.2. Participants have no right to demand that the event be led by a particular instructor or that it take place at a particular location. Participants may also not claim compensation for any days of the event on which they fail to attend.
5.3. The Academy reserves the right to postpone or cancel an event for reasons over which it has no control, such as illness on the part of an instructor or not achieving the required minimum level of participation, etc. Registered Participants will be notified of any such cancellation via the address that they provided on registration. Participation fees that have already been paid for an event that is cancelled will be refunded. Subject to the provisions of Section 7 below, the Academy is not responsible for wasted expenses or other losses incurred by Participants on account of a cancellation.
6.) Property rights and copyright
6.1. The documents, software, and other media issued to Participants for the purpose of the event are protected by copyright. The reproduction, transmission, or other use of the materials handed out – even in part – is prohibited without the express written permission of the Academy.
6.2. Data purchased by the Participant or provided for free by the Academy, as well as any related documentation, are intended for the personal use of the Participant, who is granted a simple, not transferable right of use. With the conclusion of the contract of sale or on delivery, the Participant agrees to the applicable licensing terms and conditions.
6.3 Any use of the LONG-TIME-LINER® word/figurative marks beyond one directly related to an issued certificate or issued document, such as their use on a business card requires, that the Participant works with the device and the pigments of Long-Time-Liner®.
The current General Terms and Conditions for the Academy published on www.long-time-liner.com are exclusively valid.
7.1. The Academy shall be liable for damages – for whatever legal reason – only if it has caused the damage intentionally or through gross negligence, or if it has negligently failed to satisfy an essential
contractual obligation (a “cardinal obligation”). The Academy shall be liable in the event of breach of contract always only for the damages foreseeable at the signing of and typical for the type of contract. 7.2. As
far as the Academy shall be liable in the event of breach of fundamental contractual obligations under the above Subsection 7.1 for damages caused by negligence, its obligation to pay compensation to the
amount per claim is limited to € 5,000,000 for personal and material damages and € 100,000 for financial losses.
7.3. Liability for damages for the violation of non-essential contractual obligations due to simple negligence is excluded.
7.4. “Essential contractual obligations” are those obligations that safeguard the essential contractual legal positions that the contract, with regard to its content and purpose, grants to the party; essential are also
those contractual obligations, the fulfillment of which is a sine qua non condition for the proper execution of the contract, and on the observance of which Participants routinely rely and may rely. 7.5. The exclusion of
liability or the liability limits contained in Subsections 7.1.-7.3 does not apply to damage to life, limb, or health or for claims arising from a guarantee or from the Produkthaftungsgesetz [the German Product
7.6. If claims for damages against the Academy shall be excluded or limited, this shall also apply to the personal liability of the Academy organs, experts, and miscellaneous employees, as well as to its agents
7.7 Except in the case of the purchasing of consumer goods and of the entering into consumer contracts that fall under §651 of the BGB [the German Civil Law Code], compensation claims that do not fall under §
438 Section 1, No. 2 or § 634 Section 1, No. 2 of the BGB become time-barred 1 year after the passing of risk.
8.) Data protection
8.1. The Participant agrees that the personal data provided by her or him, as well as data relating to her or his training history, may be subject to processing and storing by the Academy and may be used for the
authentication of her or his status as a Participant.
8.2. In the case of funding, personal data may furthermore be transmitted to funding institutions (especially the Bundesagentur für Arbeit [the German Federal Labour Office]).
8.3. Transmission to any other party requires the express written consent of the Participant.
9.1. The Academy´s current training folder forms part of the contract.
10.1. These general terms and conditions apply to enterprises as well as to all legal persons under public law and to all special funds under public law according to § 310 BGB except as otherwise expressly
10.2. These general terms and conditions of LONG-TIME-LINER® Conture® Make-up GmbH apply with the following provisions: Subsection 7.1 shall apply provided that it is agreed that the seat of the Academy is the
place of jurisdiction in the case that the Participant has moved her or his permanent or habitual residence or domicile outside the purview of the law of the Federal Republic of Germany or in the case that her or his
permanent or habitual residence or domicile is not known at the time the action is filed. – Subsection 7.2. shall then not apply.
11.) Place of jurisdiction, place of performance, applicable law
11.1. The place of jurisdiction for filing claims for both Contracting Parties is the seat of the Academy, provided that the requirements according to § 38 of the Zivilprozessordnung [the German Civil Procedure
Code] are met.
11.2. The place of performance for all obligations arising under the contract shall be the seat of the Academy.
11.3. The contractual relationship and all legal relationships arising from it are governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the latter’s conflict of laws provisions (IPR) and
of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.) Withdrawal policy
12.1. Right of withdrawal: You may withdraw your agreement to enter into the contract in writing without giving grounds within a 14-day period of your initially declared agreement. This withdrawal period begins upon your receipt of this policy. To withdraw your agreement, your notice of withdrawal must arrive before the end of the withdrawal period. The notice of withdrawal must be sent either to:
LONG-TIME-LINER® Conture® Make-up GmbH, Tal 14-18, 80331 Munich, Germany; or to firstname.lastname@example.org.
12.2. Consequences of a withdrawal: In the event of an effective withdrawal, each of the Contracting Parties shall return to the other Contracting Party the benefits received. Obligations relating to the reimbursement of payments must be fulfilled within a 30-day period. This period begins for you when you send your notice of withdrawal, and for the Academy when we receive it.
In place of the severability clause we refer to Section 306 of the German Civil Code (BGB).
Revision 4, Status May 1st 2022