Signature Nail

Signature Nail International Terms & Conditions: Consulting

1. General

1.1 The following General Terms & Conditions (hereafter Consulting GTCs) apply to any and all training and services provided by Signature Nail International S. Lo Re & D. Fowler GbR (hereafter SNI).

1.2 All services, offers and contracts are solely subject to the following General Terms & Conditions to their full extent. These also apply to all future business relations, even if not again expressly stipulated. Any deviations thereof are only effective when expressly confirmed by SNI in writing.

1.3 Customer terms conflicting or deviating from these terms and conditions shall remain unrecognised unless expressly approved in writing on an exception basis. These GTCs also apply in the event services are provided without reservation and in knowledge of conflicting or deviating customer stipulations.

2. BookingModalities | Assignment of Order

2.1 Options are reservations for SNI services with binding dates. The option shall expire immediately if a firm booking with a third party becomes available and the optional date does not result in a firm booking even after further inquiry with the optioning party. A firm booking is a binding order. In the event of a firm booking SNI shall be entitled to the full agreed fee if the order is not, or not to the agreed extent, executed due to reasons for which SNI is not responsible.

2.2 A booking becomes firm/an order becomes assigned at the time the offer is signed.

3. Conclusion of Contract | Formation of the Contract | Contractual Amendments

3.1 SNI shall provide the customer with a customised offer based on the completed booking form. In the event a trainer or the desired trainer is not available for the specified event time, SNI shall promptly contact the customer to discuss alternate event options.

3.2 Any and all inquiries and offers shall be addressed to SNI. In particular, bookings, fee agreements and order confirmations, and other organisational arrangements with the trainer shall only be made through SNI. Direct booking bypassing SNI is prohibited.

3.3 A contract for an event booking, to which both parties shall be bound, shall materialise once SNI has submitted the offer by post, fax or e-mail and the order has been assigned by the customer signing the offer along with acknowledging the Consulting GTCs.

3.4 Any amendments to the subject of the agreement (the assigned event) shall be made in writing and, if applicable, shall result in an adjustment of the agreed costs.

3.5 Employees and freelance staff of SNI are not authorised to make verbal or written subsidiary agreements or give assurances above and beyond the written contract.

4. Services

4.1 SNI provides trainers/manicurists for the following services, domestically and internationally:
 
- Demonstrations/promotions at trade fairs                    - Product consultation
- Presentations                                                               - product improvement/innovations
- Advanced and pro classes                                           - Consultation for product introductions
- Special events                                                              - Training/instruction concept
- In-house trade fairs                                                       - Photo shoots/editorials

5. Fees | Attendance Numbers

5.1 The daily flat rate prices in effect at the time of the offer or all-inclusive prices at the time of booking apply. SNI trainers/manicurists may be booked or reserved for half days (4 hours) or full days (8 hours). Fees are always agreed on a full day or half day basis. Exceeding the time booked by 1 hour is not billable; work time overages beyond 1 hour shall be billed by the hour at a fixed hourly rate. The fee is solely in compensation of the SNI services specified in the purchase order.

An attendance of

- 13 or more requires a second SNI trainer to be booked.
- 21 or more requires a third SNI trainer to be booked.
- 31 or more requires a fourth SNI trainer to be booked.

5.2 Modifying attendance numbers after booking

5.2.1 Attendance lower than booked
In the event the actual attendance for the event is lower than booked the booking remains unchanged.

5.2.2 Attendance higher than booked
The attendance number shall not exceed the booking without prior notice and, if applicable, adjusting the number of trainers.

5.2.2.1 Subsequent billing
In the event the actual attendance number exceeds the number booked without adjusting the number of trainers the customer shall subsequently be billed the full day fee for the number of trainers/manicurists required, or for additional outlay in the amount of 1,000.- EUR per day.

5.3 Advertising Option
This contract does not include Signature Nail trainers wearing garments bearing advertising imprint or any other advertising medium for the event booked. This advertising option shall be booked separately. I.e. a separate, non-offsettable fee in the amount of the respective daily fee for a trainer/manicurist shall be invoiced. This fee is due and billed prior to the event.

6. Payment Terms

6.1 Once the customer has accepted the individual offer (placed the order) SNI shall issue a bill. The costs of the binding booking are due immediately upon receipt. Timely receipt of payment is determined based on the time the payment is received by SNI. This means invoices due for payment are payable within five days domestically and seven days internationally, without deduction.

6.2 Trainer down payment due upon confirmation of offer
Once the offer has been received and confirmed including invoicing by SNI a down payment is due in the amount of 50% of the trainer fee. The recipient of benefits shall receive a partial statement. The down payment shall be credited to the total cost.

6.3 Remaining costs due prior to fulfilment
A second partial invoice including all concrete costs quantifiable prior to fulfilment (travel, etc.) shall be billed to the recipient of benefits two weeks prior to the seminar.

6.4 Due date of additional costs not concretely quantifiable prior to fulfilment
In the event SNI incurs additional costs during fulfilment, such costs shall subsequently be invoiced to the recipient of benefits (e.g. transfer costs e.g. taxi, etc.). These costs are due immediately.

6.5 Value-Added Tax

6.5.1 Domestic Orders
All prices within Germany are considered excluding mandatory value-added tax. The respective value-added tax rate shall be added at the time of billing.

6.5.2 International Orders
Consumers: all prices outside of Germany are considered including mandatory value-added tax.
EU businesses: the tax liability is transferred to the invoice recipient pursuant to Art. 196 of the value-added tax system directive. For this reason the customer shall specify the VAT identification number including country code as we are otherwise unable to issue the proper invoice.
Not applicable to non-EU countries, here the specific national regulations apply.

6.5.2.1 International Booking Fees | IBAN- and SWIFT-Code
Payment made from international banks are not subject to additional fees within the EU provided the following IBAN- and SWIFT-Code of the Signature Nail International banking information is specified in the transfer: IBAN: DE14 300 800 00 0206 8898 00, SWIFT-BIC: DRESDEFF300.
Without use of this code payments shall be credited after deducting a 15.- EUR fee. In cases where the customer makes a transfer without use of the IBAN- and SWIFT-Code, a non-offsettable transfer fee of 15.- EUR shall be invoiced without further notice.

6.6 Default
The customer is considered in default once invoices due are not paid within five business days domestically/seven business days internationally upon receipt of invoice, or an equivalent payment request. Upon expiration of the aforementioned period the customer is in default. In the event of default, SNI is entitled to withdraw from the contract without notice. For services already provided by SNI where the customer is in default SNI is entitled to invoice full day fees plus any costs already incurred. In the event the customer fails to settle open invoices despite payment requests, SNI reserves the right to collect such demands through a collections agency. The customer is then fully liable for the collections fees.

Any compensation for expenses and cancellation of the event are calculated based on item 9. (Cancellation subject to charge). 

6.7 Contractual exclusion of set-off
The customer shall only be entitled to set-off claims which have been determined without further legal recourse, are undisputed or have been acknowledged by SNI.

7. Travel Terms | Travel Expenses

7.1 In the event travel is required the day before the event, or for travel of more than 4 hours per day to and from the event location, or if the event is held outside of Germany, travel shall be invoiced by the hour. For each trainer/manicurist a flat rate in the amount of 30% of the daily fee plus mandatory value-added tax shall be billed for each day of travel to and from. Value-added tax is not applicable to international bookings. For air travel in particular, the time of arrival/departure shall be no less than 10 hours from the event start/end time. All flights are exceeding 4 hours in length are to be booked in business class.

7.2 The customer shall be liable for any and all travel expenses. Depending on the event location this includes costs for travel to and from the event, accommodations, transfer costs and, if applicable, costs for obtaining a visa, etc.

7.3 Visa Expenses | Prepayment
If the event is held in a country requiring a visa the customer shall assume the costs for obtaining the visa, as well as processing- and mail fees. The costs will be added to the total invoice. SNI shall do everything in its power to ensure timely issuing of the visa. However, this requires the event to be booked in good time prior to the event.

7.4 Selection the means of travel
The means for travel to the customer is solely determined by SNI in consideration of cost and efficiency.

7.4.1 Travel by car or rental car | Parking costs
Travel by car is invoiced at a rate of 0.30 cents/km per kilometre travelled. In the event of travel by rental car the customer shall assume any and all costs of the rental (rental fee, petrol, and any additional insurance required). In the event use of paid parking is required at the event/accommodation site the customer shall also assume these costs. These costs shall be invoiced following the event.

7.4.2 Air travel
The customer is at liberty to decide whether to book the flight for trainers himself or assign this duty to SNI for a fee. Early booking of flights is required by SNI for planning security. All flights are booked by SNI upon prior consultation with and/or in cooperation with the customer, and flight times coordinated with the SNI trainers prior to booking. The departure city varies depending on the individual trainer’s residence, for David Fowler and Stefanie Lo Re it is always Düsseldorf International Airport. The customer is liable for any parking fees incurred and shall be invoiced following the event. Booking of flights is subject to the following options and rules:

7.4.2.1 Flights booked by the customer:
Flights booked by the customer shall be booked within five business days domestically/seven business days internationally upon assignment of order and upon consulting with SNI and submitting any and all flight information and documents to SNI.

7.4.2.2 Late booking of flights by the customer:
In the event the customer fails to comply with his obligations for timely booking of flights, the stipulations, down payment obligations and processing fees applicable to SNI being assigned with booking apply (see 7.4.2.3). This means, if the customer fails to book the flight within five business days domestically/seven business days internationally and transmitted the necessary flight information to SNI, SNI shall automatically and without further separate assignment assume the booking subject to the specified terms and invoice the respective down payment and processing fee.

7.4.2.3 Flights booked by SNI:
SNI shall assume travel booking if

- The customer has assigned SNI with such and made a down payment prior to booking.
- The customer has failed to book the flight within five business days for domestically or seven business days internationally upon placing the order. In this event the 
  down payment and the processing fee shall be invoiced directly on the partial invoice.

7.5 Consequences of incorrect booking | Subsequent changes | Late booking

7.5.1 In the event flights are booked in an untimely manner or the customer provides incorrect traveller information, the customer assumes any and all additional costs incurred.

7.5.2 Late travel bookings by the customer
In the event the customer intended to book the travel per the order and has not fully realised such for all participants within one week upon booking the order, SNI shall book the travel no later than after an additional week has passed. In this event the customer shall be billed for the costs.

7.6 Any and all hotel, transfer and petrol-/flight costs are assumed by the customer upon booking.

7.6.1 Transfer to event site when travelling by plane
The SNI trainers shall be picked up from and returned to the airport adequately before the departure time (i.e. 2 hours prior to scheduled flight departure). SNI shall receive a mobile phone number for the contact person and hotel information in order to plan and execute the transfer no less than three days in advance. Any taxi transfer costs incurred shall be reimbursed by the customer as subsequent costs incurred.

7.7 Hotel category/booking including breakfast
A single occupancy room of no less than hotel category 4 (German hotel category) including breakfast shall be booked for each trainer.

8. Objections

The customer shall report objections to SNI services and invoices promptly and in writing.

9. Revocation | Cancellation

9.1 A firm booking may only be revoked/cancelled, whether through withdrawal or termination, for cause. In the event the customer revokes the contract without cause or an order which was already started is not completed without SNI being responsible, SNI shall be entitled to the full fee as agreed and any additional- and third party costs incurred until such time. An order is considered started once SNI has started to perform its services as due under the contract. Any revocation/cancellation shall be made in writing.

9.2. In the event SNI is unable to perform its job due to illness or circumstances for which it is not responsible or force majeure, SNI shall to the best of its abilities attempt to provide an adequate replacement. In this event SNI shall not be liable for any additional expenses or potential damages. Any fees already paid shall then be reimbursed. Alternately, SNI may at its discretion propose a different trainer. If the fees for this trainer are higher, it is the customer’s decision whether or not to use the replacement trainer and pay the higher cost or to hold the event with a lower attendance number, not at all, or on a different date.

9.3 Services for a booking specified under Item 4 may be cancelled without penalty provided SNI is informed of such cancellation in writing no more than 24 hours upon placing the order.

9.4 Any cancellations more than 24 hours after placing the order are subject to an expenditure/cancellation fee in addition to any costs already incurred. 


10. Costs for Client Failure to Show or Stopping the Event

In the event the customer fails to attend the event without cancelling, any and all expenses for the trainer, hotel and travel, etc. shall be billed to the customer. In the event the event is stopped by the customer the agreed pecuniary claim remains in effect. All costs incurred shall be paid by the customer.

11. Modifications

11.1 Modifications to and deviations from individual integral parts of the contract which become necessary upon close of contract not caused by SNI in breach of good faith are permissible provided they do not significantly alter the overall agreement.

11.2 The customer shall promptly be notified of any changes to services.

12. Photography and Film Footage | Copyright | Designnation Obligation 

The copyright for photography, film footage, documents and presentations is reserved to SNI. Duplication, distribution, modification, or disclosure to third parties in any form of any and all material beyond copyright limitations without prior written approval of SNI prohibited.

12.1 The customer and participants shall not be entitled to compensation for or rights to photography or film footage taken during seminars. The customer shall further be responsible for compliance with this stipulation, including that of his participants.

12.2 By booking with SNI each customer approves any photography and video recording. Photos or shots provided to the customer by SNI, e.g. for advertising or presentation purposes, shall be used solely for the agreed purpose. All rights reserved to SNI.

12.3 Photography or video recordings of the training sessions or the theoretical/applied work of SNI trainers is prohibited or requires prior approval. This specifically also applies to trade fairs, in-house fairs and events. Even with approval such material shall not be used for advertising or presentations without detailed consultation.

12.4 Unlawful publications
In the event of illegal publications legal action in conjunction with the appropriate contract penalty shall be taken.

12.5 Designation obligation
SNI is entitled to be named as the originator in any use of its creations (including test shootings and editorials). Further, in cases where the trainer appears alone, to also have SNI designated as the representing agency. The client shall ensure compliance with this stipulation in its contracts with third parties. Any violation of this designation obligation is subject to a surcharge of 100% of the agreed trainer fee.

13. Customer Obligation to Cooperate

The customer agrees to provide the full extent of any information required for SNI to fulfil the contract and to support the successful execution of the event to the best of his ability. SNI is not liable for errors or damages resulting from failure to submit such documentation or these not being available, or insufficient planning.

14. Course Principles

14.1 The language used when conducting a course domestically is German, or English for the international market.

14.2 Every customer acknowledges his duty to follow the instructions of SNI trainers. Any liability due to violation thereof shall always be repudiated by SNI.

14.3 Course participants in gross violation of the course conduct shall be expelled by the course instructor. Course fees are then non-refundable.

14.4 Trainers shall be supplied with all work materials. SNI shall be supplied with customer liquids, powders and/or gels no less than 4 weeks prior to the start of the event. Any materials produced by SNI itself shall be supplied and used by SNI.

14.5 The training facilities and work tables shall be prepared by the customer as discussed. Any delay in the start of the scheduled event due to lack of preparation shall be at the customer’s expense. Exceeding the time booked by 1 hour is not billable, additional work times in excess of 1 hour shall subsequently be billed at a fixed hourly rate.

15. Copyrights

SNI reserves all rights in any and all SNI documents as well as the conceptual design thereof. Any and all documentation provided by SNI – including excerpts - shall not be reproduced, edited, translated, published, used or duplicated without express written consent. Any assignment of use requires the written approval of SNI.

16. Liability | Secondary Obligations

16.1 SNI shall only be liable for its and its agents’ breach of duties not directly connected with essential contractual duties under premeditation or gross negligence. It is further liable for damages resulting from injury to life, body or health as well as from breach of essential contractual obligations caused by SNI or its agents through culpable breach of duty. SNI is not liable for indirect damages (e.g. subsequent damages, purely financial losses or loss of profits) or loss of data.

16.2 The risk of damage to or loss of materials, requisites and work provided by SNI shall be transferred to the client at the time the materials, requisites or work to be delivered is transferred to the person assigned with their transport. The trainer shall not be liable for damages to requisites or materials supplied by the client or third parties incurred during transport or execution of the order, unless these damages are based on gross negligence or premeditated action by the trainer or potential agents.

16.3 Any and all contractual entitlements of the client against SNI shall expire one year from the beginning of the statute of limitations period. This does not apply to claims for damages resulting from injury to life, body or health, or for damages due to grossly negligent or premeditated breach of duties.

We are not liable for participant/client property brought to training sessions.

17. Data Protection

Any personal customer data required in relation with business transactions may be stored. SNI agrees to treat any information obtained in conjunction with the contract as confidential.
Personal data shall solely be collected for identity verification purposes and internal processing. This data shall be treated as confidential and solely be disclosed for purposes of enforcing civil law claims as required.
By acknowledging these GTCs the customer agrees to his data being stored in the SNI database and the use thereof through the course of business activities in compliance with the applicable data protection laws. This particularly also includes the unlimited right to publish partial or complete data on the SNI website, to duplicate, convey publically or to distribute and edit in any form, to amend or combine with other contents (including e.g. client reference listing or publishing customer events on the SNI website, Facebook etc.).

18. Applicable Law and Place of Fulfilment

These terms and conditions along with the entire legal relationship between SNI and its customers are subject to the laws of the Federal Republic of Germany, including if the event is held abroad. The place of fulfilment is the registered office of SNI. Legal regulations pertaining to places of jurisdiction remain unaffected.

19. Place of Jurisdiction

Provisions for individuals:
In the event the customer does not have a general place of jurisdiction within Germany or another EU member state, the sole place of jurisdiction for any and all disputes arising from this contract shall be the registered office of SNI.

Provisions for businesses:
Stipulation of exclusive jurisdiction: in the event the customer is a merchant, corporate body under public law or a special fund under public law, the place of jurisdiction shall be the court with jurisdiction over the registered office of SNI.

20. Final Provisions

20.1 Any supplements to the contract or to these GTCs shall be made in writing to be legally effective.

20.2 One or multiple stipulations within these GTCs being or becoming null or void shall not impact the effectiveness of the remaining stipulations. The parties agree to replace it with a valid stipulation as close as possible to the economic and legal intent of the null and void stipulation.

20.3 These terms apply for the duration of business relations. Any prior business relations cease to be in force. Addendums and amendment to these stipulations shall be made in writing to be legally effective. SNI reserves the right to modify its business terms and conditions at any time. The client shall receive notice immediately following modification. Accepting new modifications precludes any subsequent option to object to such.

 
Signature Nail SIGNATURE NAIL INTERNATIONAL
Inhaber: S. Lo Re & D. Fowler GBR
Worringer Platz 18, 40210 Düsseldorf
Academy + Consulting: Tel. 0049 - 211 - 167 460 27
Fax.: 0049 - 211 - 167 460 28