GAUBE COSMETICS® SINCE 1987

General terms & conditions

on the basis of legal provisions (DSGVO, TKG 2003)

I. GENERAL

The following general terms and conditions apply to all contracts, deliveries and other services. We hereby expressly object to any deviating regulations of the contractual partner. All additional agreements require our written confirmation. MS Gaube Kosmetik GmbH is entitled at any time to change or supplement these General Terms and Conditions including all possible attachments with an appropriate period of notice. Orders received before this date will be processed according to the then still valid old General Terms and Conditions.

II. OFFERS

Our offers are not binding. Small deviations and technical changes compared to our illustrations or descriptions are possible. The respective catalog loses its validity with the publication of a new edition. MS Gaube Kosmetik GmbH is entitled to withdraw from the contract in case of typing, printing, EDP and calculation errors.

III. PRICES

MS Gaube Kosmetik GmbH is a wholesaler and therefore our prices are purchase prices and if not explicitly stated otherwise, exclusive of the legal value added tax, without assembly, exclusive transport costs and insurance. All prices without guarantee! All prices are indicated in Euro.

IV. PRICE VALIDITY

Until the publication of a new catalog except price increases caused by producers.

V. MATURITY AND PAYMENT, DEFAULT

The first order of MS Gaube Kosmetik GmbH products is exclusively made by cash in advance, cash on delivery or cash payment at the time of taking over the goods. If MS Gaube Kosmetik GmbH has demonstrably caused a higher damage caused by delay due to intentional misleading, intentional wrong orders or unfounded return, which exceeds the granted right of withdrawal, MS Gaube Kosmetik GmbH is entitled to claim this damage. If an ordered package is not accepted, MS Gaube Kosmetik GmbH reserves the right to charge the incurred manipulation expenses. In case of default of payment, the customer is obliged to compensate all costs of the extrajudicial assertion of the claims, especially reminder, collection expenses and interest.

VI. TERMS OF PAYMENT

The customer is obliged to pay the purchase price in full.

Payments Austria:
Bank collection 3% discount; 3% discount for cash payments from € 220, -, Maestro/credit card/Paypal not eligible for discount, on invoice 7 days 2% discount or 14 days net; cash on delivery / cash in advance are not eligible for discount

Terms of payment EU foreign countries:
VAT-free, provided that we are informed of the VAT ID number in advance. Subsequent processing is not possible. As soon as we have been notified of the VAT number, the VAT exemption applies. Deliveries to other EU countries are made exclusively by cash in advance, cash on delivery or by cash payment upon acceptance of the goods or by direct debit (2% discount).

Academy worldwide:
Invoices for training courses are not eligible for discounts and, according to the law, are only exempt from VAT within the EU. Starter packages are already discounted and are therefore no longer eligible for discount.

Bank details:
BIC-SWIFT STSPAT2G
IBAN AT 8220 8150 0000 1855 79

VII. DELIVERY

There is a minimum order quantity of € 60,- net. If this minimum order value is not reached, € 10,- surcharge will be charged as processing fee. We reserve the right to make a partial delivery if this is advantageous for a speedy processing. Special forms of shipment requested by our customers will be charged with a local surcharge. From a value of goods (only consumables) of NET € 220,- the shipping costs are omitted. No postage will be charged for order items that are subsequently delivered. If your package cannot be delivered, you will receive a reminder from us. If a package cannot be delivered after several attempts, it will be returned to us. We will then charge you a fee of 15 € for the costs incurred by us.

VIII. DELIVERY TIMES

Goods that are in stock (we are not liable for transport problems) will be shipped within 3 days (for advance payment within 3 days after receipt of payment). For furnishings approx. 3-4 weeks. If the goods are not in stock at the time of ordering, we will try to deliver as soon as possible. If the non-observance of a delivery, - or performance deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline will be extended appropriately. In the event of non-compliance with the delivery period for reasons other than those mentioned above, the buyer is entitled to set a reasonable grace period in writing with the threat of rejection and, after its unsuccessful expiry, to withdraw from the contract with regard to the delivery or service contained in the contract. If the impossibility of delivery is based on inability of the manufacturer or our supplier, we as well as the buyer can withdraw from the contract, if the agreed delivery date is exceeded by more than 2 months. Claims for damages due to delay or impossibility or non-fulfilment, including those which have arisen up to the time of withdrawal from the contract, are excluded. Unless a legal representative of MS Gaube Kosmetik GmbH has acted deliberately or grossly negligent.

IX. RESERVATION OF TITLE

The goods remain the property of MS Gaube Kosmetik GmbH until full payment has been received.

X. RECLAIMS

Complaints must be made in writing immediately upon receipt of the goods. Complaints at a later date can unfortunately not be considered. 

XI. REFUND POLICY

You have the possibility to return the ordered items (in unharmed and unused original packaging with the original invoice) for two weeks after receipt of the goods according to prior agreement. Returned packages without prior agreement will not be accepted. The same applies to shipments that we receive freight collect. The transport costs are always to be borne by the buyer. If the product is returned after the legal deadline, 20% of the product value will be charged as a handling fee. However, this applies only to the undamaged/unopened goods whose expiration date is still far away! Opened goods cannot be taken back.

XII. TRANSITION OF RISK

The risk is transferred to the purchaser upon dispatch of the goods by MS Gaube Kosmetik GmbH.

XIII. SEMINAR BOOKINGS

a) Registration, validity, training costs
Registration for all our seminars and trainings can be made in writing, by e-mail, fax or directly via our homepage. The registration is binding. Registration by telephone is possible, but is only binding with the written registration confirmation or the invoice from MS Gaube Kosmetik GmbH. After registration, 25% of the training costs must be transferred within 5 working days after receipt of the confirmation of registration (deposit). For training courses up to a net amount of € 1.000,- the total training costs are due and must be paid within this period. The rest of the training costs is due in full up to 21 days before the start of the training course. The seminar place is only reserved upon receipt of the deposit/training costs; if the deposit/payment of the training costs/residual payment of the training costs is not made or only partially made within the above period, the seminar place will be allocated otherwise, the registration remains valid, the claim of MS Gaube Kosmetik GmbH for payment of the deposit/training costs remains unaffected. Any down payment made will be forfeited. If the deposit/training costs are paid in full and on time, but the seminar is not attended without cancellation, the deposit/training costs will be forfeited. All costs listed are exclusive of VAT. As the number of participants is limited, the order of registration will be used as well as the timely payment of the deposit and the training fee. Without full payment there is no claim to a training place.

b) Withdrawal, Cancellation
Cancellation is possible up to 5 weeks before the start of the training (in written form by e-mail, fax or post). The cancellation requires our confirmation (by e-mail). A processing and cancellation fee of € 50,- net will be charged. The rest of the deposit will be returned immediately after the account details have been provided. If you cancel your registration up to 7 days before the start of the training, we will charge you 25% of the booked training costs as a processing and cancellation fee (unless you provide a replacement participant). However, this processing fee can be rebooked to a later date up to a maximum of 6 months later. In case of later cancellation, cancellation after the start, no-show or termination, the entire training costs are due or a replacement participant must be provided. After consultation with the training center, the course can be rebooked. A € 100,- net processing fee will be charged. However, the days already taken must be paid for. The rest can be credited to the new course. This special agreement is only valid in exceptional cases. It is not a matter of course. In case of a not positive completion the final day has to be repeated with costs. If the strengths/weaknesses analysis is postponed by the course participant, a manipulation fee of € 70,- net is due. This also applies in case of non-appearance (unexcused absence) or cancellation of the course by the course participant.

c) Postponement, cancellation, exclusion
MS Gaube Kosmetik GmbH reserves the right to cancel or postpone an announced or running seminar date for organizational or commercial reasons. In the case of such a change/postponement, the participants will be informed immediately and payments made will be refunded in full if the alternative date is not suitable.

d) Further 
Participation is at your own responsibility. Should the participant not be able to attend the seminar or seminar days due to illness, this must be communicated and transmitted to the Academy in writing and with a doctor's certificate. Depending on the seminar, the repetition of the practice days can only be made up for with costs if the following minimum number of models is not reached due to the absence: Permanent Make-up 10 models, Tattoo 12 models, Piercing 5 models, Eyelashes 3 models, Scalp Optic Hair 4 models, paraMED 4 models, Microblading 10 models. The participant acknowledges that MS Gaube Kosmetik GmbH is neither liable for a certain success nor for the consequences of an improper application of the treatment. Furthermore, the participant agrees that photos, graphical material and video recordings which are taken during the training may be published without any time, place and content restrictions by MS Gaube Kosmetik GmbH on the Internet, in printed matter, in any known and also future media, also for advertising purposes without time limitation according to the Austrian data protection regulation and the current data protection declaration of MS Gaube Kosmetik GmbH. Valid until revocation. Date, place and time

XIV. STUDIO BOOKINGS

Registrations can be made in writing and verbally. Please note that name, address and telephone number are required for registration. These data will be treated strictly confidential according to the Austrian Data Protection Ordinance and the current privacy policy of MS Gaube Kosmetik GmbH. The costs for the treatments in our studio are visible, however, deviations may occur. However, the costs and the type of treatment can be defined during a free consultation. In case of unexcused non-appearance, costs of the ½ treatment price are to be paid (if it is the 1st appointment). For subsequent appointments, a manipulation fee of € 50,- net is charged in case of unexcused non-appearance. In case of illness, a certificate from the doctor to be treated must be presented, otherwise the handling fee will have to be paid.

XV. COURT OF JURISDICTION

Place of performance and jurisdiction for both parties is the registered office of MS Gaube Kosmetik GmbH and therefore Graz (payable and actionable). The law of the Republic of Austria applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers § 14 KSchG applies.

XVI. WARRANTY

Unless otherwise stated in the catalog, we grant 12 months warranty and the legal warranty.

XVII. CHANGES

We assume no liability for typing, printing and calculation errors. Deviations of the pictorial representations cannot be excluded in individual cases. Changes to the above-mentioned points must be made in writing. Prices are subject to change.

XVIII. BANK CONNECTION

Steiermärkische Sparkasse Graz
IBAN AT 8220 8150 0000 1855 79
BIC/Swift STSPAT2G
in the name of MS Gaube Kosmetik GmbH

XIX. PRIVACY POLICY

We store the information you provide when placing an order exclusively to be able to process your order and to make shopping at MS Gaube Kosmetik GmbH more convenient for you. MS Gaube Kosmetik GmbH does not make your personal data available to third parties for use. Your data will be treated confidentially according to Austrian data protection regulations. For more information, please refer to the data protection declaration of MS Gaube Kosmetik GmbH.

XX. RIGHT OF USEAGE

You are welcome to use our pictures and texts! However, only with the following information: - Name of the author/title of the source (Gaube Kosmetik) - Year of publication (month + year) The seminar documents provided by us are for your use during your training at Gaube Kosmetik. It is not permitted to pass them on or to copy them.

MS Gaube Kosmetik GmbH
Schwimmschulkai 108
8010 Graz
AUSTRIA

Phone: +43-316-682470-0
Fax: +43-316-682470-4
e-mail: office@gaube-kosmetik.com

Managing director: Martina Silly-Gaube
Authority according to ECG: Magistrate of the city of Graz
Commercial register court: Regional court for civil law matters Graz
Company registration number: FN 307527 x
UID: ATU64034413

Bank details:
BIC-SWIFT STSPAT2G
IBAN AT 8220 8150 0000 1855 79

Do you have further questions?
We are looking forward to your call or your e-mail!