TERMS OF SERVICE
The following general terms and conditions (hereinafter "GTC") serve to clearly regulate the contractual relationships between MAKEUP-PARTNER GMBH (hereinafter "MP") and its customers or business partners (hereinafter "customer"). Individual contractual provisions that take precedence over any contradicting provisions in these terms and conditions are reserved.
1. Scope
Unless otherwise agreed in writing, these terms and conditions apply to all contractual relationships between MP and the customer.
2. Placing an order
An order is considered binding if the customer places an order / booking and this is reconfirmed by MP by letter / email or verbally.
3. Prices
The prices apply according to the price list or offer or by agreement. Invoices are shown with VAT. Unless otherwise agreed, a surcharge of 50% of the respective hourly rate will be charged for working hours before 5 a.m. and after 10 p.m.
4. Payment term
The payment term is 10 days after the invoice date. The invoice is usually issued after an order has been completed. After a second reminder, MP will charge the customer a reminder fee of CHF 20.– due to the additional activities.
4.1 Down payment
Min. CHF 50.- to 30% deposit when booking for the reservation of an appointment and no refund, the remaining amount is to be paid directly on site. For weddings (bookings with a trial date): 50% deposit upon booking, the remaining amount is due after the wedding by invoice.
5. Cancellation conditions / loss compensation
Cancellations must be communicated to MP in writing. (Mail or letter form).
In the event of cancellation / withdrawal by the customer, MP must be paid the following fees from the total invoice amount:
up to 6 months before the appointment: 30%
from 1 month before the appointment: 50%
from 2 weeks before the appointment: 80%
from 1 week before the appointment: 100%
Services that have already been provided, such as trial appointments, must be paid for in full, if not already done at the latest at the time of cancellation.
5.1 In the event of illness / accident (doctor's certificate)
on the part of the customer, the amount that is due at the time reported in accordance with the cancellation conditions is not due, but the deposit is retained. The customer can have this deposit offset against a service at a later point in time (only services, no product purchase).
6. Change of dates
Changes to dates generally only on request. A change fee of CHF 80 will be charged for changes to appointments up to 2 weeks before the booked appointment; for short-term changes, proportional cancellation / cancellation costs will apply.
7. Resignation by MP
MP has the right to withdraw from the contract by the agreed date if the agreed deposit is not transferred in due time. MP reserves the right to cancel the agreed date due to a low number of participants or a minimization of the booked services. Furthermore, MP can cancel the appointment at any time for serious reasons. MP will endeavor to find an equivalent replacement. If no replacement can be found, the customer has the choice, minus the services already provided, to demand the paid fee back or to arrange an alternative date with MP. In this case, MP is not liable for any additional costs or possible damage.
8. Place of use
The location must be agreed before the contract is concluded.
9. Travel expenses
Unless otherwise agreed, the journey will be charged at the usual km rate of -.90 / km. In the case of trips abroad, all travel costs such as train / bus / flight / taxi as well as accommodation costs are to be borne by the customer, unless otherwise agreed.
10. Additional costs
Products that are specifically required for the order (in addition to the basic equipment), single-use products (e.g. false eyelashes, hair accessories, etc.), procurements and / or rental fees are at the expense of the customer as well as subsequent requests by the customer that differ from the briefing.
11. Half-day and day packages
The half-day and day packages are booked in advance and contain up to 5 or 9 hours. For a whole day including a half-hour lunch break. If the customer requests additional services outside of the originally agreed order, these will be charged to the customer additionally. As far as applicable, the same prices or rates apply in this regard as for the original order.
12. Liability
MP is only liable, including liability for defects, for willful and grossly negligent behavior. The customer undertakes to raise complaints immediately and directly on site. No claims can be made after the end of the service. All brushes and makeup products are hygienically cleaned. Professional products are used and no problems have occurred to date. MP assumes no liability for incompatibilities. The customer is held responsible here and must notify any incompatibilities to certain ingredients in the form of written or verbal information / notification before booking. Any warranty claims against MP are excluded.
13. References
MP has the right to publicly indicate the cooperation with customers and the services provided, unless the customer forbids this in writing when booking.
14. Warranty
All services provided by MP are carried out with the necessary care and to the best of our knowledge and belief. MP also undertakes to carry out all tasks assigned to it in the best possible quality and with the involvement of qualified personnel. The focus is on the selection, training, supervision and professional working methods of all of your employees. The allotted time must be fully available to the artist in order to be able to provide on-time completion. In the case of "on-site location", a work table and good lighting conditions, either through daylight or lamps, are necessary. If no suitable light source is available, this must be communicated in advance.
15. Changes to terms and conditions / prices
MP has the right to change the terms and conditions and published prices at any time.
16. Exemption
Any liability for personal injury or property damage is excluded, as far as this is legally permissible.
17. Severability Clause
The invalidity of one of the above provisions does not affect the validity of the remaining provisions.
18. Place of jurisdiction and applicable law
Substantive Swiss law is applicable to the present contractual relationship. The place of jurisdiction for all legal disputes is Zurich. MAKEUP-PARTNER GMBH is, however, entitled to assert its claims at its own option at the customer's place of residence or seat. Mandatory places of jurisdiction are reserved.
Wallisellen, January 01, 2015