amiea Academy General Terms and Conditions
The following information will provide you with our easy to understand Terms and conditions. Valid once you book a course or any sort of training provided by the amiea Academy.
General Terms and Conditions of the amiea Academy
(Training centre of the company MT.DERM GmbH, Rheinstraße 10b, 14513 Teltow)
In the following, contractual partners are referred to as participants (m/f/inter) and MT.DERM GmbH, Rheinstraße 10b, 14513 Teltow is referred to as Academy. Participants (m/f/inter) and Academy together are referred to as contractual parties.
(Valid from 01.11.2019)
1.) Requirements for participation
1.1 The Academy's "Basics of Beauty" and "PMU for Beginners" courses are open to all applicants (m/f/intern) who have reached the age of 18 and can provide proof of at least a completed school education.
1.2 Applicants (m/f/inter) who have demonstrably acquired several years of practice in the field of permanent makeup and body pigmentation, either in their profession or otherwise, are admitted to the higher levels and master classes.
1.3 The personal suitability according to 1.2. can be proven by a portfolio.
1.4 The participant (m/f/w/inter) must be physically and healthily capable of performing pigmentation.
1.5 If it becomes apparent after conclusion of the contract that the above-mentioned admission requirements are not met, the Academy reserves the right to terminate the contract for exceptional reasons (without notice). The regulations in the case of withdrawal under 3.3 shall apply as repayment conditions.
2.) Scope of application
2.1 The business relationship between the Academy and the participants (m/f/inter) shall be governed exclusively by the General Terms and Conditions of the Academy in the version valid at the time of registration. Deviating, contradictory or supplementary terms and conditions of the participants (m/f/inter) shall not apply unless the Academy has expressly agreed to their validity in writing.
3.) Offer, conclusion of contract, withdrawal
3.1 The subject of the registration is the participation in the course and not a success.
3.2 The participant (m/f/inter) can register with the Academy in writing, in person or online. The registration is binding as soon as the participant (m/f/inter) receives a written confirmation of registration. With the confirmation of registration a valid contract is concluded and a deposit of at least 50% of the course fee plus VAT is due.
3.3 It is possible to withdraw from an application in writing. In case of a declaration of cancellation,
- which is received at least four weeks before the start of the course, the course fee is waived by refunding the deposit.
- which is received up to 15 days before the start of the course, there is a cancellation fee of 30% of the total course fee.
- received up to 7 days before the start of the course, a cancellation fee of 50% of the total course fee is due.
In case of later cancellation, non-appearance or premature departure, the full course fee will be charged. The date of receipt by the Academy is decisive for meeting the deadline. The nomination of a suitable substitute participant (m/f/inter) is possible. The legal right of withdrawal remains unaffected by this, but this right cannot be exercised after the course has started.
4.) Terms of payment
4.1 Unless otherwise agreed, the currently valid course fees are based on the currently published course programs. Course fees are to be transferred to one of the specified accounts immediately after the invoice is issued, without any deductions and stating the invoice number and name of the course. The course fee must be paid before the start of the course.
4.2 All fees are subject to the statutory value added tax at the statutory rate. The total amount shown on the invoice includes the value added tax valid on the day of printing. Should a statutory VAT increase occur after publication of the course program, the Academy is entitled to demand the difference.
4.3 The course fee for the respective course includes participation in the course and all services and materials listed in the offer. Extra costs such as meals, accommodation or special costs will be borne by the participant (m/f/inter) themselves.
4.4 Course participation cannot be transferred after the start of the course.
5.) Realization of courses
5.1 Courses will be held according to the published course program or according to the separate agreement with the participant (m/f/inter). However, the Academy reserves the right to make changes, provided these do not fundamentally change the course objective.
5.2 The Academy reserves the right to postpone or cancel a course for the following reasons:
- Prevention of a trainer for important reasons (especially illness)
- Failure to reach the required number of participants. Participants (m/f/inter) will be notified of a cancellation to the address given on registration at least one week before the course starts. Course fees already paid will be refunded in case of cancellation. Subject to the provisions of Section 7, the Academy will not be liable for futile expenses or other disadvantages incurred by the participant (m/f/inter) due to cancellation.
5.3 If a trainer is prevented from attending the course for good cause, the Academy shall also be entitled to appoint another trainer of equivalent professional level for the course.
6.) Property rights and copyrights
6.1 The documents, software and other media handed over to the participant (m/f/inter) for the purpose of the course are protected by copyright. Reproduction, transfer or other use of the materials handed over - even in part - is only permitted with the express written consent of the Academy.
6.2 Any use of the designation "amiea Academy", or the trademark "amiea", which goes beyond the issued certificate or confirmation of participation (e.g. on business cards), requires the express consent of the Academy.
7.1 The Academy shall not be liable for damages or compensation for unnecessary expenses. This exclusion of liability shall not apply to cases of intent and gross negligence. In the event of injury to life, limb or health and in the event of claims under the Product Liability Law, the statutory provisions shall apply.
7.2 Insofar as claims for damages against the Academy are excluded or limited, this shall also apply to the personal liability of the Academy's organs, experts and other employees as well as Academy agents and assistants.
8.) Data protection
8.1 The participant (m/f/inter) gives his or her consent that the personal data provided as well as data on the course progress may be processed and stored by the Academy and used for the purpose of authenticating the participant status.
8.2 Any disclosure to third parties requires the express written consent of the participant (m/f/inter).
9.) Scope and miscellaneous
9.1 These General Terms and Conditions apply to all natural and legal persons with reference to the restrictions according to § 310 para. 1 BGB (German Civil Code).
9.2 The General Terms and Conditions of the Academy shall apply subject to the proviso that the registered office of the Academy is agreed as the place of jurisdiction in the event that the participant (m/f/inter) moves his or her registered office, place of residence or usual place of abode outside the area of application of the law of the Federal Republic of Germany or his or her registered office, place of residence or usual place of abode is not known at the time the action is brought.
10.) Place of jurisdiction, place of performance, applicable law
10.1 The place of jurisdiction for the assertion of claims by the contractual parties shall be the Academy's registered office, insofar as the requirements of § 38 of the Code of Civil Procedure are met.
10.2 The place of performance for all obligations arising from the contract shall be the registered office of the Academy.
10.3 The contractual relationship and all legal relationships arising therefrom shall be governed exclusively by the law of the Federal Republic of Germany, excluding the right of association under private international law (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG).