T&Cs

Terms and conditions for treatments

 

§1 Scope

The following General Terms and Conditions (GTC) apply exclusively to the business relationship between the customer and Reina Cosmetics. These conditions apply to all contracts, offers and services concluded between Reina Cosmetics and the customer. Differing, conflicting or supplementary general terms and conditions, even if known, do not become part of the contract unless their validity is expressly agreed to in writing.

 

§2 SERVICES

At Reina Cosmetics, services are carried out to the customer to the best of our knowledge and belief.

 

§3 DATES

The services are provided on an appointment basis. Appointments are offered to customers after specifying the services requested by the customer. These are then fixed with the date, time and the
desired services reserved. The reservation can be made in person, by telephone, or online via chat (e.g. WhatsApp or the Reina Cosmetics booking form) happen. As soon as the appointment has been reserved, a service contract is created.
Appointments can be postponed or canceled with 14 days' notice without incurring additional costs. 
This must be done by telephone or in writing. If the customer is absent without excuse or does not cancel at least 14 days in advance and the appointment therefore does not take place, Reina Cosmetics is entitled in accordance with §615 BGB to withdraw from the contract and to invoice the following:
 

• If you do not show up or cancel less than 72 hours before the booked treatment, you will be charged a cancellation fee of 100% of the booked services

 

• If the appointment is canceled between 3 and 14 days before the booked treatment, a cancellation fee of 50% of the booked services will apply

 

• If you do not show up or cancel less than 24 hours before the booked consultation appointment, a cancellation fee of €50 will be charged; these can be canceled free of charge up to 24 hours in advance.

 

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The customer has no right to compensation. Payments already made cannot be offset or refunded.

 

The statutory limitation periods apply.

If Reina Cosmetics needs to reschedule an appointment, the customer will be informed of this as early as possible. The customer can then either arrange a new appointment or cancel the appointment free of charge. If the customer has already paid a deposit or paid in full for the appointment, in this case all monies for services not used will be refunded to the customer. Reina Cosmeticsics endeavors to plan the individual appointments so that the respective appointment can start on time. However, due to unforeseeable events, it may happen that
the customer incurs waiting times. A claim for damages cannot be derived from this.

 

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§4 PRICES AND PAYMENT TERMS

The prices for the services offered are based on the current price list and are usually communicated in advance when ordering by telephone. Unless otherwise agreed, the invoice amounts are due before the service is fulfilled and must be paid in cash, by bank transfer or via PayPal.

 

§5 VOUCHERS

Customers can purchase vouchers. Paid vouchers can be redeemed like cash to pay for all services.

 

§6 MINOR CUSTOMERS

Services can only be provided to customers under 18 years of age with the written consent of their legal guardian.

 

§7 WARRANTY AND NOTIFICATION OF DEFECTS

If a defect becomes apparent, the customer must report this immediately. It is only considered immediate if the notification is made in written form, at the latest within 3 days of the service being provided. In this case there is a claim for repair, otherwise there is no warranty claim.

Otherwise, the customer's warranty claim is based on the statutory provisions.
If Reina Cosmetics offers a repair after a complaint has been made and this is rejected by the customer, the customer waives any claims regarding warranty, repair or reimbursement with the rejection. If the customer does not make an appointment within 48 hours of an offer for improvement, this is also considered a rejection of the improvement. There are no claims for defects if there are only insignificant deviations from the agreed service or quality, or if the deviations are due to incorrect behavior on the part of the customer. Negligent treatment with unsuitable skin cosmetic care products, or failure to follow the care instructions after the treatment by the customer, will also result in the loss of any warranty claims on the part of the customer.
If the customer himself or a third party makes changes to the treated areas after the treatment, this also leads to the loss of any warranty claims on the part of the customer and the right to repair also no longer applies.

 

§8 PERSONAL INFORMATION

The customer assures that he will pass on all personal data and information relevant to the professional performance of the service to Reina Cosmetics before the treatment.
This data is stored in electronic or written form in a customer file and only for the purpose of the service to be provided, or for our own advertising purposes, taking into account the
Data protection clause used. The data will not be passed on to third parties or outside persons without the written consent of the customer.

 

§9 LIABILITY

Reina Cosmetics assumes no liability for the customer's wardrobe, bags, luggage or valuables. The same applies to any intolerances and allergies, whether known or unknown. Exclusion of liability applies to skin cosmetic treatments expressly requested by the customer. There is no liability for circumstances for which Reina Cosmetics is not responsible, e.g. B. illness or force majeure, such as power outages and the like, which partially or completely prevent the fulfillment of a customer order.

 

§10 DAMAGE

Reina Cosmetics has the right to claim compensation for any damage caused by the customer.

 

§11 Data protection, brand protection and images

The customer assures that he will pass on to Reina Cosmetics all personal data and information that is relevant to the professional treatment of the requested service.
The customer is aware and agrees that the personal data required to process the contract will be stored and will only be used and stored for the purpose of the service to be provided. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data is treated confidentially by Reina Cosmetics in compliance with the Federal Data Protection Act (BDSG). The data will not be passed on to third parties or, in exceptional cases, only with the express consent of the customer.
The customer has the right to revoke his consent at any time with future effect. In this case, Reina Cosmetics is obliged to immediately delete the customer's personal data.
The trademarks and images used are protected and may not be used in any other way without the permission of Reina Cosmetics. Reina Cosmetics is entitled to the copyright for the images taken during a treatment without further consent from the customer.

 

§12 Severability clause

If individual provisions of these general terms and conditions are wholly or partially void, the remaining provisions remain unaffected. The invalid provision will be replaced by one that is legal and comes closest to the meaning of the invalid provision.

 

 

 

 

 

General Terms and Conditions for Training

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General terms and conditions of business

§ 1 Scope, definitions
(1) The following provisions apply exclusively to contracts for training between Ms. Karin Reagan, owner of the Reina Cosmetics Academy as contractor, and the client (hereinafter: client). The training offers and the following provisions are aimed exclusively at entrepreneurs, § 14 BGB.
(2) An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. This also includes people who enter into the relevant transaction in order to start a commercial or self-employed activity (starters).
(3) The following general terms and conditions apply exclusively to the business relationship between the contractor and the client in the version valid at the time the contract is concluded. Deviating, conflicting or supplementary conditions of the client or a third party will not be recognized unless the contractor expressly agrees to their validity in writing.

§ 2 Contracting parties, subject matter of the contract, conclusion of the contract
(1) The contracting parties are Ms. Karin Reagan, owner of the company Reina Cosmetics Academy as the contractor and the client, who results from the registration for the selected training course.
(2) The contractor provides certified training services in the field of cosmetics (hereinafter: “services”) in accordance with Section 3 of these General Terms and Conditions.
(3) The services provided by the contractor are services in accordance with Sections 611 ff. of the German Civil Code (BGB). Training success is not guaranteed.
(4) The contract for the respective training is concluded through offer and acceptance, §§ 145, 147 BGB. The training courses offered on the contractor's website represent binding offers, which the client makes to the contractor by registering for the desired training courses in person, by telephone, in writing, by email, online (e.g. WhatsApp, Instagram, etc.), or by means of of the contact form located on the contractor's website. The contract is concluded upon receipt of the client's declaration of acceptance by the contractor.

§ 3 Services of the contractor
(1) The contractor provides the services that result from the description of the booked training course on the contractor's website.
(2) The number of participants per unit is limited. The contractor determines the number of participants per unit individually at its own discretion.
(3) In addition, the contractor provides the following services:
a) Providing training materials
b) Answering questions about the training content via email, chat and learning platform
c) twelve months of intensive follow-up support, or six months of intensive follow-up support for the perfection training/masterclass
d) Examination and evaluation of the work submitted to the best of our knowledge and belief
e) Starter set (exclusively for the following training courses: PMU Artist, PMU Artist PREMIUM and eyelash extensions
(4) The contractor provides paper and artificial skin to carry out practical exercises. The contractor is entitled, but not obliged, to provide the client with a model for carrying out practical exercises on human skin. The client has no right to have a model provided for his sole use. The client is entitled to bring his own model.
(5) If, in the opinion of the training staff, the acquired knowledge, skills and abilities of the client are not yet sufficient for work on human skin, the contractor is entitled to prevent him from working on the human model.
(6) Participation in a training course does not constitute a right to the issue of the certificate. The certification is carried out by the contractor after successful completion of the respective training. The respective training is successfully completed when the client has taken part in the training to the agreed extent and has acquired the knowledge and skills imparted in the respective training to the extent required for certification, which the contractor has done to the best of his knowledge and belief is checked and evaluated based on the work delivered by the client.
(7) The training takes place in German. Training documents must be provided in the language of the training. The use of common English-language technical terms is permitted.

§ 4 Personnel of the contractor and subcontractors
(1) The contractor is free to choose the people it uses to provide the service. It ensures that the people it employs to provide the service are sufficiently qualified. If and to the extent that the contractor has named to the client people whom it intends to use to provide the service, this corresponds to the planning status at the time of naming. The client has no claim to the use of the persons mentioned.
(2) The people employed by the contractor to provide the service are not subject to the client's authority to give instructions. This applies in particular if people employed by the contractor provide the services on the client's premises. Both parties will take appropriate measures to prevent temporary employment.
(3) The contractor can also provide its services through subcontractors. The contractor will structure the agreements with its subcontractors in such a way that they are in accordance with the provisions of this contract.

§ 5 Dates and cooperation of the client
(1) All training courses are offered exclusively on an appointment basis. The dates agreed between the parties are binding.
(2) The client will provide the agreed cooperation services, in particular attend the agreed training dates. The client will assist in setting an appointment by making appointment suggestions himself or by notifying the appointments offered by the contractor in a timely manner and a maximum of 7 days after the appointment is offered whether he can keep them or not. In addition to the cooperation services expressly mentioned, the client will provide the cooperation services that are necessary for the contractual provision of services by the contractor and are generally customary, and in particular
a) provide the contractor with all necessary information;
b) in the case of online training, to provide the technical means, devices, networks and connections necessary to participate in the training
c) to follow the instructions of the training staff unconditionally and without exception.
d) to treat the material provided for practical work, in particular the respective model, with the care required in traffic.
(3) If cooperation services are owed and the necessary specification has not already been made contractually, the contractor requests these services from the client, stating the relevant framework conditions. The contractor will immediately inform the client of what they consider to be inadequate cooperation.
(4) Unless a different written agreement has been made in individual cases, the client provides all cooperation services free of charge.
(5) The services to be provided by the client represent real obligations and not just mere obligations. If and to the extent that the client does not provide the services owed by him, does not provide them on time or does not provide them as agreed and this has an impact on the contractor's provision of services, the The contractor is exempt from providing the affected services. The contractor's corresponding performance deadlines will be postponed by a reasonable period of time; In the case of bindingly agreed appointments, the contractor is released from her obligation to provide services. Any additional expenses incurred by the contractor will be reimbursed separately on the basis of the agreed conditions, without prejudice to the contractor's further rights.
(6) If the client violates the obligations mentioned in (2), he is obliged to compensate for the resulting damage.
(7) If the client cannot take part in the training for reasons for which he is not responsible, this may be rescheduled once within three months of the reason for the hindrance no longer being applicable. The client must contact the contractor to determine a catch-up date. After three months from the removal of the impediment, the client's claim to the contractor's services expires. The legal regulations regarding delay in acceptance apply.
(8) If the training was booked without a fixed date, it can be started within two months of the due date and payment of the total remuneration.

§ 6 Remuneration and payment conditions
(1) Services provided by the contractor will be paid at a flat rate based on the fee stated on the contractor's website for the selected training course. All prices are exclusive of the applicable sales tax.
(2) The contractor is also entitled to reimbursement of the expenses necessary and documented for the provision of the services, including travel costs. The contractor's general travel expense guidelines apply to the amount of travel expenses reimbursed, provided these have been communicated to the client in advance. If the training takes place on the contractor's premises, this also includes the costs for the client's meals. The provision of the training material will not be paid for separately unless otherwise agreed.
(3) The client can, at his request, make an individual installment payment agreement with the contractor when concluding the contract. To be effective, this requires text form, although this is also ensured by a stricter form. The client has no right to conclude an installment payment agreement.
(4) The registration fee of 250.00 euros, or 500.00 euros for the PMU Artist Premium training, is due for payment immediately upon receipt of the invoice or declaration of acceptance and must be paid by the client within seven days at the latest to pay the contractor. Payments can be made in cash, bank transfer or Paypal.
In the case of a transfer, receipt on the contractor's account is decisive for compliance with the payment deadline. The remaining amount of the remuneration is due at the latest on the agreed training date, unless there is an express and written agreement to the contrary, in particular an installment payment agreement; in this case the due date is determined according to this agreement.
(5) If an appointment has not yet been made when the training has already been booked, the total compensation is due no later than two months after the conclusion of the contract and receipt of the invoice.
(6) As long as the client is in arrears with the registration fee or a due (partial) payment, the contractor is released from its obligation to perform. In this case, deadlines for the service provision by the contractor do not begin to run. The delay only ends when the outstanding (partial) payment has been settled in full. The decisive date for the end of the default is the receipt of the (partial) payment on the contractor's account or the time of the cash payment.
(7) If, in the case of an installment payment agreement, the client is in arrears with more than two installments due or with two consecutive installments due, the remaining amount that remains outstanding will immediately become due for payment in full.

§ 7 Place of performance
The place of performance for all services under the contract is the registered office of the contractor.

§ 8 Contract term and termination
(1) The contract is concluded through offer and acceptance, as described in Section 2 Paragraph 4. It ends when the agreed services have been fully provided. Ordinary termination is excluded.
(2) The right of both parties to extraordinary termination of this contract in accordance with the statutory provisions remains unaffected. Any termination of the contract must be in writing to be effective. Sending the cancellation by email is excluded. Services provided until the termination takes effect must be compensated.
(3) The contractor is entitled to terminate the contract extraordinarily and without notice if the client is in arrears with two consecutive installments due in installments and has previously been warned without success.
(4) The contractor is entitled to terminate the contract extraordinarily and without notice if the client despite prior warning
a) culpably breached contractual obligations
b) culpably violates the General Terms and Conditions
c) Instructions from the training staff were not followed despite warnings
(5) The contractor is entitled to extraordinary termination without notice if the client commits an intentional crime against the training staff.
(6) If the termination of one contracting party is caused by behavior in breach of contract by the other contracting party, the latter is obliged to compensate for the damage caused by the cancellation of the training contract, in particular the loss of earnings.
(7) If the client terminates the training prematurely or terminates the course without being legally entitled to do so, the statutory regulations regarding default in acceptance apply.

§9 Cancellation before the start of the training
(1) The client cannot cancel participation in training appointments because a binding service contract has been concluded.
(2) The right to terminate without notice for good cause in accordance with Section 626 of the German Civil Code (BGB) remains unaffected.

§ 10 Rights of use
(1) Upon full payment of the remuneration owed or upon payment of the remuneration in accordance with the installment payment agreement concluded between the parties, the client receives a non-transferable, simple right to the training documents, limited in space and time to the implementation of the training, the training documents for participation to use in the training.
(2) The training documents are the property of the contractor.
(3) The right of use according to paragraph 1 does not include the right to make changes, translations, edits or other redesigns and to use them for your own internal purposes. The client is not authorized to store or reproduce.
(4) The client has no right to use the advertising texts, advertisements, images, other texts, declarations of consent, training content and other intellectual property of the client. The client is prohibited from reproducing and/or passing on the intellectual property of the contractor mentioned in p. 1 of this paragraph.
(5) All content is protected by copyright.
(6) If the provisions of § 9 are violated, the contractor reserves the right to file a criminal complaint against the client and to file a criminal complaint accordingly.
(7) The client is obliged to compensate for the damage caused by the violation of the provisions of § 9.

§ 11 Disruptions to performance
(1) The contractor retains his right to the agreed remuneration if he is prevented from providing the service for a relatively insignificant period of time due to force majeure or a personal reason through no fault of his own. In this case, the contractor must have the amount credited to him for the period of incapacity from health or accident insurance based on a legal obligation.
(2) In the case of paragraph 1, alternative dates will be agreed between the contracting parties. If it is not possible to agree on an alternative date and neither the contractor nor the client is responsible for this circumstance, the contractor is released from its obligation to perform. In this case, the contractor retains his right to a portion of the remuneration corresponding to his previous services. If the contractor is released from its obligation to perform, the client will be reimbursed for the (partial) remuneration paid in advance.
(3) The contractor is entitled to withdraw from the contract or to terminate it extraordinarily if, through no fault of its own, it does not receive the goods required to carry out the respective training despite previously concluding a corresponding purchase contract. The contractor will immediately inform the client about the unavailability of the goods on time and, if it therefore wishes to withdraw or terminate the contract, exercise the right of withdrawal immediately. The client also has the right to withdraw as a result of the information provided by the contractor. The reversal is based on the legal provisions.

§ 12 Liability
(1) In the case of intent and gross negligence, the contractor is liable in accordance with the statutory provisions.
(2) In the case of simple negligence, the contractor is only liable if it involves a breach of an essential contractual obligation. In this case, the contractor's liability is limited to foreseeable, contract-typical damage. An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of a contract and on whose compliance the other party can regularly rely.
(3) Claims for damages under the Product Liability Act and in the event of injury to life, body or health remain unaffected by the above liability limitations.
(4) The above limitations of liability also apply to the benefit of legal representatives, employees and vicarious agents of the contractor.

§ 13 Confidentiality
(1) The parties will treat all business secrets, including the content of this contract, as well as other information of the other party marked as confidential (hereinafter referred to as “confidential information”) as confidential. The receiving party will treat the confidential information with the same care as it treats its own confidential information of the same sensitivity, but at least with the care of a prudent businessman.
(2) Use of the confidential information is limited to use in connection with this contract. The disclosure of confidential information to third parties is not permitted without the prior consent of the other party. Consent must be in writing. No third parties within the meaning of this paragraph are affiliated companies of the parties and consultants who are required by law to maintain confidentiality.
(3) If applicable legal obligations require this, the recipient is also entitled to disclose and pass on confidential information. If permitted by law, the recipient will inform the other party before disclosing any confidential information.
(4) The parties will require their employees or third parties to whom they pass on confidential information to treat this information confidentially within the scope of the respective service and employment relationships, with the proviso that the obligation of confidentiality continues even after the end of the respective service or employment relationship unless there is already a corresponding general obligation to maintain confidentiality.
(5) Excluded from the obligation of confidentiality are information that:
a) were already generally known when the contract was concluded or subsequently became generally known without violating the confidentiality obligations contained in this contract;
b) which the Recipient has developed independently of this Agreement; or
c) the recipient received it from third parties or outside this contract from the other party without any obligation of confidentiality.
It is the responsibility of the party invoking the exception to prove the existence of the exceptions set out in this paragraph.
(6) Upon termination of this Agreement, the parties will release or delete the other party's confidential information in their possession at the request of that party. Excluded from this are confidential information for which there is a longer legal obligation to retain data as well as data backups as part of normal backup processes.
(7) The obligation to maintain confidentiality applies for the term of this contract and for a period of (number) 20 years after termination of this contract.
(8) The contractor is entitled to use empirical knowledge, such as ideas, concepts, methods and know-how, which is developed or disclosed in the course of executing the contract and is stored in the memory of the people employed by the contractor to provide the service. This does not apply if this infringes the client's industrial property rights or copyrights. The obligation to maintain confidentiality remains unaffected.

§ 14 Data protection
(1) The parties will comply with the data protection laws applicable to them.
(2) If and to the extent that the contractor processes the client's personal data on behalf of the client as part of the provision of the service, the parties will conclude a standard market agreement for the processing of data on behalf of the client in accordance with Art. 28 GDPR24 before the start of processing.

§ 15 Choice of law and place of jurisdiction
(1) This contract is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract, including its effectiveness, is the registered office of the contractor, provided that the requirements of Section 38 ZPO are met.
(3) If the client does not have a general place of jurisdiction in the Federal Republic of Germany, the contractor's registered office is the non-exclusive place of jurisdiction. If the client moves his place of residence or habitual residence outside of Germany after conclusion of the contract or if his residence or habitual residence is not known at the time the lawsuit is filed, the place of jurisdiction for lawsuits against the client is the registered office of the contractor. Otherwise, the statutory places of jurisdiction apply. Exclusive places of jurisdiction, e.g. for legal dunning proceedings, remain unaffected.

§ 16 Final provisions
(1) No oral or written additional agreements were made.
(2) The assignment of rights from this contract requires the prior written consent of the other party. This does not apply to the assignment of payment claims.
(3) Changes, additions and additional agreements to this contract must be expressly marked as such and must be in writing to be effective, unless a stricter form is prescribed by law. The written form is maintained in particular by sending declarations by e-mail or fax unless a different provision has been expressly made in this contract.
(4) Should individual provisions of this contract be or become wholly or partially invalid or unenforceable, this will not affect the effectiveness of the remaining provisions of this contract. Instead of the invalid or unenforceable regulation, the parties will make a valid and effective regulation that comes as close as possible legally and economically to this regulation, which they would reasonably have agreed if they had taken into account the invalidity or unenforceability of the respective regulation when concluding this contract. The same applies in the event of a loophole in the regulations.