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Terms and Conditions

General Terms and Conditions

Status: March 2024

for the provision of services by Kosmagic GmbH i. G., Pappelallee 78/79, 10437 Berlin, Germany, e-mail: info@kosmagic.com (hereinafter ‘Contractor’) to its customers (hereinafter ‘Client’)

 

1. General information

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor with the inclusion of these GTC.

1.2 Insofar as other contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these GTC, the provisions of these other contractual documents shall take precedence over these GTC in the event of contradiction.

1.3 Subject to express consent, the Contractor shall not recognise any GTC that deviate from these GTC and are used by the Client.

 

2. Subject matter of the contract and scope of services

2.1 The Contractor, Kosmagic, offers its Clients the option of choosing between three packages with the following services:

Basic Partner

  • Entry in the business directory
  • Participation in the Top Service Provider Award
  • Access to the exclusive evaluation portal
  • Direct customer loyalty
  • Access to a large network
  • Visibility with the target group

 

Premium Partner

  • All services of the Basic Partner
  • Exclusive presence on the platform
  • Kosmagic branding
  • Exclusive contact person for personal support
  • Customised marketing solutions
  • Digital checkout and booking system including TSE (technical security equipment)
  • Internal merchandise management system for efficient management

 

Franchise Partner (separate franchise agreement)

  • All services of the Premium Partner
  • Premium style guide and support in setting up your own studio
  • Use of Kosmagic as your own brand

The various packages offer a wide range of services to meet the needs and requirements of clients and to ensure optimum support for their business.

2.1 The Contractor provides the following services to the Client as an independent contractor:

Services

Kosmagic.com is a platform that brings together service providers and customers in the beauty industry. Service providers have the opportunity to offer their services on our platform, while customers can book these services.

 

Ratings

Customers have the right to submit a review of the services provided. These reviews serve as a feedback mechanism and help other customers to assess the quality of the services. Service providers have the opportunity to receive a seal of quality in the form of a ‘Top Service Provider’ certificate if they receive many positive reviews.

 

Quality seal ‘Top service provider’

The ‘Top Service Provider’ quality seal is awarded to service providers who have received a high number of positive reviews. This certificate recognises outstanding services and serves as a guide for customers when choosing a service provider.

 

Obligations of the client

The client is obliged to provide the following content:

  • Visual material: The client must provide high-quality visual material that adequately represents its services, products or facilities.
  • Business/service information: The client must provide clear and concise information about their business or services offered. This includes a description of the services offered and relevant details of the services offered.
  • Opening hours: The client’s opening hours must be clearly stated to inform customers of the availability of its services.
  • Products: If the client offers products, these must be listed with detailed descriptions and, if applicable, images.
  • Staff: Information about the client’s staff, including professionals or employees providing the services, should be provided to give customers confidence and transparency.

The provision of this content is crucial to enable customers to fully understand the services and products offered by the Client.

It is the Client’s responsibility to respond within 24 hours to incoming customer complaints submitted via Kosmagic’s customer support. The Client must respond actively and promptly to customer complaints in order to resolve issues quickly and efficiently. This includes reviewing the complaints, providing appropriate responses and implementing measures to remedy the situation.

2.2 The Contractor shall provide the contractual services with the greatest possible care and diligence in accordance with the latest standards, rules and knowledge.

2.3 The Contractor shall be obliged to provide the services owed under the contract. However, when carrying out its activities, it shall not be subject to any instructions with regard to the type of performance of its services, the place of performance or the time of performance. However, the Contractor shall organise the work days and the time allocation on these days itself in such a way that optimum efficiency is achieved in its work and in the realisation of the subject matter of the contract. The Contractor shall only provide the services in consultation and coordination with the Client.

 

3. Obligations of the client to co-operate

It is the Client’s responsibility to provide complete and correct information, data and other content to be provided by the Client for the purpose of service fulfilment. The Contractor shall not be liable to the Customer in any way for delays and delays in the provision of services caused by late and necessary cooperation or input by the Customer; the provisions under the heading ‘Liability/exemption’ shall remain unaffected by this.

 

4. Compensation

4.1 The remuneration shall be agreed in individual contracts.

4.2 The remuneration shall be paid after the services have been rendered. If the remuneration is calculated according to time periods, it shall be paid after the expiry of the individual time periods (Section 614 BGB). In the case of time-based invoicing, the Contractor shall be entitled to invoice the services rendered on a monthly basis, unless otherwise agreed.

4.3 The Contractor shall send the Client an invoice by post or email (e.g. as a PDF) after the services have been provided. Payment is due within 14 days of receipt of the invoice.

 

5. Liability / Indemnification

5.1 The Contractor shall be liable without limitation, for any legal reason, in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the preceding sentence. Material contractual obligations are obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely. Any further liability of the Contractor is excluded. The above liability provisions shall also apply with regard to the Contractor’s liability for its vicarious agents and legal representatives.

5.2 The Customer shall indemnify the Contractor against any third-party claims asserted against the Contractor due to breaches of these contractual terms and conditions or applicable law by the Customer.

5.3 Pursuant to Section 7 (1) of the German Telemedia Act (TMG), Kosmagic is responsible as a service provider for its own content on this platform in accordance with general legislation. However, we accept no liability for external content to which reference is made via links within our platform. We expressly emphasise that we have no influence on the design and content of the linked pages. The respective provider or operator of the pages is always responsible for the content of the linked pages. It is not reasonable for us to permanently monitor the content of the linked pages without concrete evidence of an infringement. However, if we become aware of any legal infringements, we will remove such links immediately.

 

6. Contract term and cancellation

6.1 The contract period is 12 months and is then automatically extended by 12 months in each case.

6.2 The notice period for ordinary cancellation is three months before the end of the contract on both sides.

6.3 In special circumstances, Kosmagic reserves the right to terminate this agreement with immediate effect by written notice to the other party if:

  • You have committed a serious breach of contract that cannot be remedied or has not been remedied within a reasonable period of time.
  • Outstanding invoices have not been paid in full.
  • Your behaviour has damaged the reputation of the ‘Kosmagic’ brand.
  • You have infringed the rights of third parties or compromised the security of our services or our data.
  • You have repeatedly violated individual provisions of this agreement.
  • Your behaviour has impaired or could impair the physical or psychological well-being of persons within your scope of application and supervision, including customers or our employees. This includes in particular inappropriate, abusive, offensive or discriminatory language and behaviour.
  • Your business has been suspended or is threatened with suspension.
  • You are affected by insolvency, bankruptcy, receivership or a similar event.

6.4 The Contractor shall return or destroy all documents and other contents provided to it immediately after termination of the contract at the Customer’s discretion. The assertion of a right of retention is excluded. Electronic data must be completely deleted. Exceptions to this are documents and data for which there is a longer statutory retention obligation, but only until the end of the respective retention period. The Contractor shall confirm the deletion in writing to the Company at the latter’s request.

 

7. Confidentiality and data protection

7.1 The Contractor shall treat all processes of which it becomes aware in connection with the order as strictly confidential. The Contractor undertakes to impose this confidentiality obligation on all employees and/or third parties who have access to the information that is the subject of the contract. The confidentiality obligation shall apply indefinitely beyond the term of this contract.

7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – in the execution of the order.

 

8. Final provisions

8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the CISG.

8.2 Should any provision of these GTC be or become invalid, this shall not affect the validity of the remainder of the GTC.

8.3 The Client shall support the Contractor in the provision of its contractual services by providing reasonable co-operation where necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfil the order.

8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the Contractor’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.

8.5 The Contractor is authorised to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified by e-mail at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been granted. If he objects, the changes shall not come into force; in this case, the Contractor shall be entitled to terminate the contract extraordinarily at the time the change comes into force. The notification of the intended amendment to these GTC shall refer to the deadline and the consequences of an objection or failure to object.

 

9. Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure in accordance with the VSBG.

 

Our e-mail address can be found under the heading of these GTC.