STILIKONEN MAKEUP & STYLING

The client undertakes to read the terms and conditions carefully and to take note of them in full.

The following terms and conditions apply to all orders placed. They are deemed to have been agreed if they are not contradicted immediately.

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General

The subject of the order is the work of the make-up artist for the contractually agreed purpose.

A contractual relationship comes about exclusively between the make-up artist and his client. Unless otherwise stated on the invoice, the invoice amount is payable within 14 days after the invoice has been issued. No discount is granted.

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Options

Options are reservations for the work of the make-up artist on a fixed date. The option expires immediately if a firm booking by a third party is possible and the optioned date does not result in a firm booking, even after consulting the client with whom the option was agreed.

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Fixed booking

A firm booking represents an order that is binding for the make-up artist and the client. In the case of a firm booking, the make-up artist is entitled to the agreed fee in full even if the order is not accepted for reasons that the make-up artist does not is not responsible for, is not carried out or not carried out to the agreed extent and this has not been communicated in writing at least 5 working days before the agreed date.

The make-up artist can be booked or optioned for the services offered for half a day (4 hours) or whole days (8 hours).

Service, daily or half-day fees are therefore agreed. If daily or half-day fees are agreed, the additional working hours will be charged for working hours that exceed the booked period. The hourly rate is converted to 1/8 of the agreed daily rate or 1/4 of the half-day rate.

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External and ancillary costs

In the case of a firm booking, the client must bear any third-party and ancillary costs (e.g. material costs, props, styling costs, possibly travel and accommodation costs as well as expenses for orders outside the make-up artist's place of residence according to tax regulations, service fees, etc.) and, Depending on the arrangement, to be paid in full or in part to the make-up artist in advance. Otherwise, the make-up artist is not obliged to perform his work to the agreed extent. If the originally placed order is expanded, the make-up artist is entitled to separately invoice any additional work performed by him as well as any third-party and ancillary costs.

 

getting there

If for domestic trips you have to arrive the day before, or if a trip to and from the production site takes more than 4 hours per day, or if the production site is outside of Germany, travel days will be charged according to the time spent, unless otherwise agreed. The basis is the daily fee.

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Design concept

The client or a person authorized by him is obliged to be present during the shoot / filming and to give his consent to the design concept of the make-up artist. If neither the client nor an authorized representative is present at the shoot, the artistic design of the work cannot be rejected by the client at a later point in time. In such a case, each new creation of a further work must be paid for separately. Notices of defects in the performance of the make-up artist must be made immediately by the client during ongoing production and with a precise description of the defects. If he does not do this, the service is deemed to have been rendered as agreed, insofar as it relates to recognizable defects.

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fee

The make-up artist's fee only covers the services and agreed contractual purposes at the time the contract was concluded. Any use of the contractually rendered services of the make-up artist is not permitted until the fee has been paid in full, as well as any incidental and third-party costs incurred by the make-up artist.

Order cancellations and cancellation fees

Resolving the contract, whether through withdrawal or termination, is only possible for firm bookings for an important reason. If an order that has already started is not completed, or if the client cancels an order later than 7 days before the agreed date, without the make-up artist being responsible for this, he is entitled to the agreed fee as well as the ancillary and external costs incurred up to that point completely closed. An order is considered to have started when the make-up artist has started to perform his contractually owed service. If the booking is canceled, the following apply

 

Rules:

7 days before the appointment: 100% of the order value
14 days before the appointment: 75% of the order value
30 days or more before the appointment: 50% of the order value

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The make-up artist is entitled to terminate an order without notice - even while production is in progress - if the advance payment agreed in the order is not received on time and / or not in full, the client postpones the production dates and there is a suspicion that the booking is not seriously maintained by the client (e.g. by no feedback / response from the client to attempts at contact by the make-up artist in the form of various media over a period of at least 7 days) and / or otherwise due to the blocking of the appointment , serious booking and thus fee losses are foreseeable. In these cases, cancellation fees in the amount of 100% of all effective and verifiable costs as well as the services provided up to the time of the order cancellation as well as 50% of all fees of the make-up artist agreed in the order are to be paid. In the case of a "weather booking" expressly designated in the order confirmation, ie in the event that it has been expressly agreed between the parties that an order can only be carried out when the weather is fine, the client can up to 24 hours before the start of the agreed date Cancel the order due to the forecast bad weather without having to pay a fee to the make-up artist. In this case, the client must prove in writing by submitting the relevant information from the weather service that the bad weather makes it impossible to carry out the order. If the make-up artist is unable to perform his work due to illness or circumstances for which he is not responsible, the make-up artist will do its best to find an adequate replacement. In this case, the make-up artist is not liable for any additional costs or possible damage.

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Special regulation for bridal styling

The client has to cancel the booking within 24 hours after the trial appointment if there are valid reasons for not being satisfied. In this case, there are no further costs (except for the down payment of at least EUR 100.00). For everything over 24 hours, the normal graduations apply.

Resolving the contract, whether through withdrawal or termination, is only possible for firm bookings for an important reason. If the customer cancels the agreed order including all agreed additional services, the following cancellation costs are incurred:

 

8 weeks before the date - 50% of the order value
6 weeks before the date - 75% of the order value
4 weeks before the appointment - 100% of the order value

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This graduation also applies to the cancellation of additional services. In these cases, the amounts are due immediately upon cancellation. If a trial appointment has already been made in the event of cancellation, there is no entitlement to a refund of the deposit due to the work already performed.

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Test shoots

The following peculiarities apply to so-called test shoots: If the make-up artist receives no or only a very low fee for participating in a test shoot (use only for self-promotion), but the photographs etc. taken during the test shoot are later used for other purposes, e.g. are used for layout purposes or as part of an advertising campaign, the make-up artist is entitled to an additional reasonable fee. The appropriateness of the fee is based on the artist fee usually paid for the use and on the sales proceeds achieved by the client. Services of the make-up artist in the context of a test shooting or test shoot may only be used for test purposes. Without the express consent of the make-up artist, the work / results created during test shootings or test shoots may not be made available to third parties for use (duplication, distribution and publication, including by third parties), either in whole or in part. In the event of further use, the make-up artist's service is to be paid for separately.

 

liability

The make-up artist assumes no liability for personal injury or physical damage caused to third parties, nor for damage resulting from the breach of a main performance obligation that is essential for the contractual relationship - unless they are based on gross negligence or willful action. The make-up artist assumes no liability for possible allergic reactions that occur during or after the service due to the products used.

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Attribution

The make-up artist is entitled to be named as the author of the use of his work (including test shoots and editorials). The client ensures the implementation of these regulations in his contracts with third parties. In the event of a breach of these nomination obligations, a surcharge of 100% on the agreed fee of the make-up artist must be paid.

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Statute of limitations

All contractual claims of the client against the make-up artist expire within one year from the start of the statutory limitation period. This does not affect claims for damage resulting from injury to life, limb or health and claims for damage based on a grossly negligent or willful breach of duty.

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Use of images

The make-up artist is entitled to use the photographs, films, analog and digital data carriers or prints and copies thereof, for the production of which he has performed his work, for self-promotion, ie in particular in the form of broadcasts or on the Internet publish or show it as a work sample. In this case, the client is also responsible for ensuring that the photo model (or the photo models) shown agrees to the aforementioned use by the make-up artist.

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Copyright & transfer of rights

The make-up artist is the exclusive owner of all property rights, copyrights and other property rights to the work samples sent and handed over by him in the form of portfolios, photographs, analog and digital data carriers as well as drawings, etc. These work samples by the make-up artist may be used without prior Approval cannot be reproduced or made available to third parties and must be returned to the make-up artist. The client has no right of retention to the work samples. It does not fall within the make-up artist's area of responsibility or duties to check copyright usage rights for the use of props or to obtain appropriate usage rights. The client has to take on this task. Unless otherwise agreed, the client does not acquire ownership of the materials and props made available. The client's claims resulting from the transfer of rights to third parties are now assigned to the make-up artist in the amount of the fees agreed between the make-up artist and the client as well as any additional fee costs and other fees. The client is entitled to collect the claims assigned to the make-up artist from third parties in his own name for the account of the make-up artist. He has to pay the collected amount to the make-up artist within 7 days of receipt. The client is not entitled to set off any counterclaims disputed by the make-up artist or not legally established. Furthermore, the client is not entitled to assign or transfer his claims and rights against the make-up artist to third parties. In the event of unauthorized use, disclosure or other non-agreed use, a fee of five times the agreed fee is due, subject to further claims for damages.

 

Severability clause

Subsidiary agreements or agreements deviating from these conditions must be made in writing. If a provision of the contract or these contractual conditions becomes ineffective, this does not affect the effectiveness of the remaining conditions and the contract. Instead of an ineffective provision, that which comes as close as possible to the intended purpose is deemed to have been agreed. The same applies to filling in loopholes in the contract. The law of the Federal Republic of Germany applies as agreed, also for deliveries abroad. The place of fulfillment and jurisdiction is, as far as legally permissible, the place of business of the make-up artist.

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online shop

Cancellation or return policy 

Right of withdrawal

 

Right of withdrawal:

You can submit your contract declaration within 14 days, stating your reasons, in writing (e.g. letter, email) or - if the item is left to you before the deadline has expired - by returning the item 

withdraw. For reasons of hygiene, this does not apply to earrings, piercing jewelry or jewelry made according to customer requirements

The period begins after receipt of this instruction in writing, but not before receipt of the goods 

with the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first 

Partial delivery) and also not before the fulfillment of our information obligations according to Article 246 § 2 in connection 

with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312e paragraph 1 sentence 1 BGB in connection with 

Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation in time or 

of the matter.

 

We ask for a written email notification in advance / use of the contact function in the event of cancellation. 

The revocation must be sent to:

 

Jasmin C. Kutsche, Rathenaustr. 10, 01968 Senftenberg, Germany

Email: stilikonen.makeup@web.de

 

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

 To

 I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following

 Goods (*) / the provision of the following service (*)

 Ordered on (*) / received on (*)

 Name of the consumer (s)

 Address of the consumer (s)

 Signature of the consumer (s) (only if this is communicated on paper)

 date

   [here is the name, the address and, if applicable, the fax number and e-mail

Address of the entrepreneur to be inserted by the entrepreneur]:

(*) Delete where inapplicable

 

Consequences of cancellation:

In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part, or if you can only return it in a deteriorated condition, you may have to compensate us for the value 

Afford. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as it would have been possible for you in a shop, for example. In addition, you can be obliged to pay compensation for the intended use of the item 

Avoid resulting deterioration by not using the item like your own and by avoiding anything that may impair its value.

 

All shipments leave the house properly and after careful inspection. The items are then handed over to Post / DHL or Hermes as the service provider for transport.

 

If you withdraw your consent, you have to pay the costs of the return 

bear, obligations to reimburse payments must be fulfilled within 30 days. the 

The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.

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Exclusion of the right of withdrawal:

According to Section 312g (2) of the German Civil Code (BGB), a right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs expires prematurely in the case of contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

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Deliveries:

Deliveries are only possible within Germany. Articles are only sold in normal household quantities and only to end consumers.

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Guarantee:

If the delivered items have obvious material or manufacturing defects, including transport damage, please report such defects immediately to us or to the employee of the transport service provider who is delivering the item. Failure to submit this complaint does not, however, affect your legal claims. For all defects of the purchased item occurring during the statutory warranty period, the statutory claims for supplementary performance, for the removal of defects / new delivery as well as - if the legal requirements are met - the further claims for price reduction or withdrawal as well as for damages, including the replacement of the damage, apply at your discretion the fulfillment and reimbursement of your wasted expenses.

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Payment by PayPal:

You pay directly through your PayPal account. After submitting your order, you will be redirected to PayPal, where you will approve the order value. As soon as our PayPal account has been informed of your authorization, the shipment will take place - depending on the delivery time specified for the item. Immediately after authorization, your PayPal account will be debited with the actual invoice amount after deducting any discounts, gift vouchers, etc.

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Our prices are in euros.

 

Retention of title:

The goods remain our property until they have been paid for in full.

 

Electronic communication:

You agree that the contract-related communication can take place in electronic form.

Alternative dispute resolution:

We are neither obliged nor willing to take part in dispute settlement proceedings before a consumer arbitration board.

 

Contract language / storage of the order text:

The final contract is in German. The order text is not saved by us and can no longer be called up after the order process has been completed. However, you can print out your order data immediately after submitting the order.

 

Note on online dispute resolution

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE

 

End of revocation