General Terms and Conditions
for the LONG-TIME-LINER® Conture® Make-up GmbH / TERMS OF SALE
STATUS: December 2014
LONG-TIME-LINER® Conture® is a special method for the application of semipermanent makeup and for both reshaping and convalescence pigmentation. Initial, ongoing and further training in combination with LONG-TIME-LINER® micropigmentation devices and LONG-TIME-LINER® consumable materials are the basic requirements for the successful use of our method and together constitute a conceptual unit. This is the reason why initial LONG-TIME-LINER® training can be booked only in combination with the purchase of a LONG-TIME-LINER® micropigmentation device.
I. Scope of Application
LONG-TIME-LINER® Conture® Make-up GmbH, Tal 18, 80331 Munich (in the following “the Seller“) offers its products and services exclusively under the terms and conditions described below. These apply expressly also to future performances of LONG-TIME-LINER ® Conture® Make-up GmbH even when they are not again expressly agreed upon. Modifications to these terms and conditions are valid only if expressly confirmed in writing. The validity of the Buyer‘s terms and conditions are hereby rendered invalid.
II. Offer and signing of contract
- Any offer made by the Seller shall be binding unless the Seller has expressly indicated in writing that it is subject to confirmation and is non-binding.
- Images, exemplars, samples, and dimension data connected with the Seller‘s offers shall be non-binding unless the Seller has expressly indicated that they shall be binding.
- Current versions displayed on the company website shall become invalid on release of an updated version.
- The following information must be supplied with any order: customer number; address; invoice address; delivery address if different from the invoice address; article number; article name; size; contents; 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 Buyer‘s order. The Buyer must inform the Seller in writing of any supplementary requests and changes to the order.
- If an ordered item is not deliverable, the Seller shall be entitled to refuse to deliver that item. The customer shall be informed immediately about the non-deliverability of an ordered item.
IV. Prices and payment terms
- All prices are expressed in euros and exclude value-added tax, which must be covered by the Buyer at the rate prescribed by law. Delivery and packaging costs are charged in addition. Delivery costs are EUR 6.50 within Germany and EUR 9.50 within Austria if paid by bank transfer, with EUR 8.00 added to the respective amount if payment is made via cash on delivery. Orders with a value of EUR 300.00 or more are delivered free-of-charge within Germany and Austria. Delivery details and costs for all other countries are available on request. Should it be necessary for technical or logistical reasons to send an item via two or more partial deliveries, delivery costs shall appear in the invoice as one item.
- Value-added tax shall be added to all deliveries within the EU unless the Seller has a sales-tax identification number on file for the Buyer, or if a sales-tax identification number was included with the order.
- Goods shall be delivered against prepayment. The seller reserves the right in individual cases to accept other forms of payment.
- Should the Buyer fail to pay on time, the Seller shall be entitled to demand from the point of initial delay onward interest at a level 8 percent higher than the current base rate charged by the European Central Bank. In this case the Seller reserves the right to claim for further damages against proof.
- The Buyer shall be entitled to offset charges, even in cases of counter-claims or defectrelated complaints, only if the counter-claims are judicially determined to be valid, are recognised as valid by the Seller, or are undisputed. The Buyer shall be authorised to assert a right of retention only if the counter-claim relates to the same contract of sale.
- For Seminars our General Terms and Conditions / Training Institute have validity.
V. Delivery- and performance period
- Delivery dates or delivery terms that have not been expressly agreed upon as binding shall be exclusively nonbinding. Delivery terms shall begin when the order confirmation is received by the Buyer.
- The delivery terms shall be ascertained to have been met if the goods have left the warehouse before the expiry of the term. Should dispatch of the goods be delayed for reasons for which the Buyer is responsible, then the delivery terms shall be ascertained to have been met if the goods were ready for dispatch before the expiry of the term.
- Should the Seller not be able to meet expressly agreed-upon delivery terms for reasons for which the Seller is responsible or should the Seller fall behind schedule for other reasons, then the Buyer shall grant the Seller a reasonable extension of the terms of two weeks. Should this extension of the terms expire without dispatch of the goods, then the Buyer is entitled to withdraw from the contract, although only with regard to the remaining part of the order if partial delivery has already been made.
- The Seller shall be entitled to make partial deliveries and provide partial performance at any time, providing that the Buyer finds this reasonable.
VI. Transfer of risk, dispatch
- Goods shall be dispatched at the expense and risk of the Buyer and shall not be insured. On the request and at the expense of the Buyer, the Seller shall have the delivery insured with transit insurance.
- The Seller reserves the right to determine the transport route and the means of transport. Additional costs that occur due to changes to the dispatch method and route effected at the request of the Buyer shall be covered by the Buyer.
- Under the terms of the German Packaging Ordinance, the Seller shall not take back the transportation-related packaging or any other packaging. Disposal of the packaging shall be at the Buyer‘s own expense.
- Should the dispatch be delayed at the request of or on account of a fault of the Buyer, the Seller shall store the goods at the expense and risk of the Buyer. Notification of readiness for dispatch shall in this case be equated with dispatch.
- If the Buyer does not accept the goods for reasons for which the Buyer is responsible, then the Seller shall be entitled either to insist on acceptance and completion of the contract or to withdraw from the contract and to demand 10% of the purchase price as liquidated damages and reimbursement of expenses.
- Defect-related claims made by the Buyer, who is a commercial trader as defined by the Handelsgesetzbuch (the German Commercial Code), shall be valid only if the Buyer has met all obligations with respect to inspection and notification of faults according to § 377 of the Handelsgesetzbuch. Self-evidently incorrect or incomplete deliveries as well as self-evident defects must be reported by the commercial Buyer to the Seller immediately after acceptance of the goods otherwise the Seller is exempted from liability for these shortcomings.
- If the goods are defective in a manner for which the Seller has responsibility, then the Seller must, under exclusion of the customer‘s right of withdrawal from the contract or reduction of the price, provide supplementary performance unless the Seller has the right, according to legal regulations, to refuse to deliver supplementary performance. The Buyer shall grant the Seller a reasonable period for supplementary performance.
- The Seller may effect supplementary performance either by rectifying the defect or by delivering new goods. The Buyer shall have the right to rescind the contract only after the attempt to rectify the defect or to effect a replacement delivery is deemed to have failed twice on account of the identical defect.
- Defect-related claims for damages in accordance with the conditions below can be asserted by the Buyer only after supplementary performance has failed. The right of the Buyer to assert further claims for damages in accordance with the conditions below shall remain unaffected.
- All claims of the Buyer – irrespective of their legal basis – shall become time-barred one year after handover of the goods to the Buyer.
- The Seller cannot assume any responsibility in particular but not exclusively in cases of normal wear and tear, of improper use, of a lack of or incorrect maintenance or of the use of third-party products (e.g. needles, colours, cleaning or sterilisation products and similar).
- For damage not occurring to the item itself, the Seller shall assume liability – regardless of legal basis – only:
a) in case of intent,
b) in case of gross negligence by our commercial entities or senior employees,
c) in case of culpable injury to life, limb, health,
d) in case of wilfully concealed defects or of defects, the absence of which was explicitly guaranteed,
e) in case of defects of the delivered item, to the extent that the German Product Liability Act imposes liability for personal injury and property damage.
- In the event of culpable fundamental breach of contract, the Seller shall be liable also in case of gross negligence by non-senior employees and of slight negligence, the latter, being restricted to contract-typical, reasonably foreseeable damage.
IX. Extended retention of title
- The goods shall remain the property of the Seller until all payments have been received.
- In this case the Buyer shall be entitled neither to pledge nor to collateralise the object purchase. In the event of any seizure or other intervention by third parties, the Buyer shall notify the firm of this in writing without delay and shall make available all correspondence and documents necessary for safeguarding the rights of the Seller.
- In case of breach of contract on the part of the Buyer – particularly but not exclusively in the case of late payment – the Seller shall be entitled, after having given notice, to take back the object of purchase, and the Buyer shall be obliged to surrender it.
- The Seller can demand return of the object of purchase on the basis of the retention of title only after withdrawing from the contract.
- The customer shall be entitled to resell the reserved goods in normal business transactions. The customer shall cede to us the claims of the buyer from the resale of the reserved goods at the final invoice amount (inclusive of VAT) agreed with us. This cession shall be valid independently of whether the purchased goods were resold before or after further processing. The customer shall remain entitled to collect the claim even after this cession. Our right to collect the claim ourselves shall remain unaffected by this. We shall not collect the claim, however, as long as the customer fulfils her or his payment obligations arising from the collected proceeds and is not in arrears, and in particular as long as no insolvency proceedings have been initiated or payments have been suspended.
X. Provided documents (copyright)
We shall retain ownership rights to and copyright in all documents provided in connection with the placement of orders by the Seller. These documents shall not be made accessible to third parties or copied without our explicit written agreement.
XI. Data protection
LONG-TIME-LINER® Conture® Make-up GmbH expressly states that customer data are stored and processed for the purpose of contract fulfilment and the maintenance of ongoing customer relationships as well as passed to credit insurers, credit card companies and banks for the purpose of evaluating customer creditworthiness. Involved third parties receive these data only to the extent that this is necessary for contract fulfilment.
Data is handled in compliance with the provisions of the German Data Protection Act.
XII. Final provisions
- The relationship between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany under exclusion of international treaties and agreements, in particular but not exclusively the UN Convention on Contracts for the International Sales of Goods (CISG).
- Place of performance and sole place of jurisdiction shall be Munich.
- For non-commercial Buyers the respective legally valid general terms and conditions apply.
- The legal invalidity of one or more provisions of these terms and conditions or of the contract of sale shall in no way affect the validity of the remaining provisions. The legally invalid provision shall be replaced by the provision provided by law unless adherence to the contract would then impose undue hardship upon one party.
General Terms and Conditions
for the LONG-TIME-LINER® Conture® Make-up GmbH – Training Institute
The contracting party is referred to below as the Participant, the firm LONG-TIME-LINER® Conture® Make-up GmbH (see above) as the Institute. The Participant and the Institute together are referred to as the Contracting Parties. (Valid as of Dec 1, 2014)
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 Institute.
1.2. Applicants will also be accepted who can demonstrate that they have acquired, either through work or by other means, 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 satisfied, the Institute 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 management of events such as: open training courses; in-house events; seminars; training sessions; and workshops.
2.2. The Institute’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 Institute 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 result.
3.2. The Participant may register or place an order in writing, by telephone, in person, by fax, or online with the Training Centre of the Institute. 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 rescindment order that is received
– no later than four weeks prior to the start of the event, 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 cancellation made within 7 days of the start of the event, in the case of a no-show, or in the case of early departure from the event, the full event price will be charged, with the deposit credited toward payment. The date of receipt of the rescindment order is determinative in ascertaining 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 Institute 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 Institute’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 Institute reserves the right to require cash payments and prepayment 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 Institute 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 production
5.1. Events are conducted according to the published program of events or as agreed separately with the Participants. The Institute 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 Institute 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 Institute 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 Institute.
6.2. CD-ROM products and products distributed on USB flash drives that are purchased by Participants, 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 the express written permission of the Institute.
7.1. The Institute 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 Institute shall be liable in the event of breach of contract always only for the damages foreseeable at the signing of and typical of the type of contract.
7.2. As far as the Institute 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 fulfilment of which is a sine qua non condition for the due performance 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 Liability Act].
7.6. If claims for damages against the Institute shall be excluded or limited, this shall also apply to the personal liability of the Institute’s organs, experts, and miscellaneous employees, as well as to its agents and assistants.
7.7 Except in the case of the purchasing of consumer goods and of the entering into of 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 Institute 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 Institute’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 provided.
10.2. These general terms and conditions of LONG-TIME-LINER® Conture® Make-up GmbH/Institute apply with the following provisions: Subsection 7.1 shall apply provided that it is agreed that the seat of the Institute 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 Institute, 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 Institute.
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 in writing your agreement to enter into the contract without giving grounds within a 14-day period of your initially declaring this 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/Institute, 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 us when we receive it.
In place of the severability clause we refer to Section 306 of the German Civil Code (BGB).