Conditions
General terms and conditions of business
the sole proprietorship STYLEMESAERA,
Owner Sara Schmidt
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§ 1 Scope
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(1) These General Terms and Conditions (hereinafter General Terms and Conditions) apply to everything between
Sole proprietorship STYLEMESAERA, owner Sara Schmidt (hereinafter referred to as contractor) and the customer
concluded contracts. By concluding the contract, the customer accepts these terms and conditions as binding, regardless
whether he actually takes note of them. The General Terms and Conditions take precedence over any
Customer's terms and conditions. Any conflicting terms and conditions of the customer will also apply
does not form part of the contract without an express objection, unless the contractor agrees to this
in individual cases in text form.
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(2) The general terms and conditions in force at the time the contract is concluded apply
version.
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(3) To be legally valid, additions or changes to these General Terms and Conditions must be in text form in accordance with §
126b BGB.
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(4) For reasons of better readability, the simultaneous use of the masculine and feminine forms is emphasized
and various forms of language are dispensed with. However, the use of the word “customer” applies to everyone
Genders.​
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(5) The contract language is German.
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§ 2 Conclusion of contract
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(1) Any offers from the contractor on digital or analogue advertising media do not constitute
represents a binding offer. The customer is hereby requested to contact the contractor
step.
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(2) When contacting us, the contractor asks about the desired target group and type
Scope of the order. The questions help the contractor create a suitable one
offer. The contractor then creates a binding offer.
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(3) The contractor is bound to this offer for 14 days. The customer can take advantage of this offer within
accept this deadline in text form. If the customer does not accept the offer within this period, the
Contractor entitled to submit a new offer.
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(4) After acceptance of the offer, a change to what was contractually agreed is only mutual
Agreement possible.
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(5) Contrary to paragraph §2 (1) of these General Terms and Conditions, offers from
Contractor on the website www.stylemesaera.com represents a binding offer. The customer will
Here you are asked to select the service you want and directly on the website
to order and pay for a fee.
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(6) After a chargeable order and payment, a change to what has been agreed in the contract is only possible
mutual agreement possible.
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§ 3 Scope of services, service period, advertising effect
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(1) After accepting the offer, the customer receives an order confirmation. The scope of services and
The performance time of the contract and the performance budget can be found in the order confirmation. One
Changes only take place by appointment.
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(2) The customer is advised that the contractor will only do what is contractually agreed
performance is obliged and entitled. Services beyond this require an additional fee
Agreement.
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(3) Should there be a change in the scope of services or subject matter of the service in order to fulfill the contract
If the contractor is necessary, he will inform the customer of this before execution.
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(4) The contractor provides the following services for the customer:
a) Personal/Virtual Styling;
b) Styling during shoots;
c) Styling advice and coaching;
d) Creative direction, plan shoots, book models, team, location, manage campaign;
e) Content creation, in the form of feed & template creation,
Photo and videography with smartphone/digital camera;
f) Content creation at events, in the form of BTS “behind the scenes” content / stories;
g) Editing Reels for social media platforms;
h) Influencer management.
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(6) The general terms and conditions generally apply to further orders. these can
However, it can be extended or replaced in individual cases. Changes or additions require
Written form to be legally valid.
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(7) The customer is advised that the contractor has no legal and
carries out data protection checks on the content provided. Should the customer
provide the contractor with criminally relevant content and the contractor will provide this
If the contractor recognizes criminal relevance, he is entitled to allow the processing of this content
refuse.
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(8) The contractor does not conclude a contract with the social media platforms in his own name. Provided
If the contractor concludes the contract with a platform, this is done on behalf of and in the name of
Customers. The scope of the administrative, technical and/or editorial support of the accounts
the platforms depend on the subject of the service.
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(9) At the customer's request, the contractor can recommend specialist contractors who will provide the necessary services
Create images or videos. The customer is advised that this is only a recommendation
acts. The customer must conclude the contract himself.
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(10) The contract term is usually 3, 6 or 12 months, unless otherwise agreed.
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(11) Before the individual advertising texts, layouts, finished posts or anything else on the platforms
are published, the contractor sends them to the customer for approval.
The customer can inform the contractor of any requests for changes.
The customer is advised that a correction loop is generally provided and included in the price
is taken into account. If more correction loops are necessary, the contractor is under
Taking into account the interests of the customer, we are entitled to create an additional offer for this purpose. This
does not apply if the contractor grossly negligently or intentionally fails to implement the customer's wishes,
although it is possible and reasonable for him.
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§ 4 Prices, payment conditions; Performance budget
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(1) All prices are net prices plus VAT and others
Price components.
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(2) The contractor is entitled to demand an appropriate advance payment.
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(3) Payment can be made by Paypal, invoice or credit card, unless otherwise agreed.
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(4) The works delivered by the contractor remain his property until the customer receives them in full
has paid the agreed remuneration.
(5) If the customer requests a change after or during order processing, he is responsible for this
Additional costs for this. Complaints regarding the conception of the image as well as the artistic and technical aspects
Design is excluded if the customer did not provide any information about this when placing the order.
If the customer wishes to make changes during or after the execution of the order, he can do so
bear additional costs.
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(6) The contractor is not obliged to store completed works. Wishes
If the customer is responsible for the storage and/or storage, a separate fee will be agreed.
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(7) A completely consistent alignment of photographs with those of the customer or the contractor
existing images (e.g. contrast, color, brightness) are not guaranteed.
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§ 5 Customer's obligation to cooperate, grant of use by the customer, exemption
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(1) The customer is advised that cooperation goes beyond the following obligations
may be required. The contractor will point this out to the customer. This
Obligations to cooperate are necessary for the fulfillment of the contract.
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(2) The customer has to determine his data, including when contacting us
to provide truthful information.
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(3) The customer provides the contractor with all necessary images, texts or other content (in
The following contents only) are available in digital form, unless otherwise agreed.
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(4) The customer assures that he has all rights to the content he provides
or is authorized to use it for advertising purposes. The contractor uses exclusively
Content that is free of third-party rights.
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(5) The customer must ensure that all data, content and information transmitted by him
Representations comply with applicable law.
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(6) The customer concludes contracts with the platforms on which the content is provided in accordance with
The object of the service must be placed online by itself. The customer leaves the service to the contractor for this
During the service period, the access data, which the contractor treats as strictly confidential. Unless the
The contractor who concludes contracts with the individual social media platforms for the customer will be the
The customer must authorize him to do so in advance.
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(7) The contractor informs the customer of any access data to the agreed platforms
are necessary. The customer must communicate this to the contractor and to him for the duration of the contract
to provide.
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(8) The customer grants the contractor the right to use the transmitted data and documents
process. The customer assures that all necessary rights are reserved by its customers, users and all
affected third parties have been granted and the necessary consents are available, which are necessary
to provide the service.
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(9) The customer releases the contractor from all claims made by third parties with the claim
be collected that the services provided by the contractor, in particular the use
of materials for the content to be created, infringe his or others' rights.
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(10) If an order processing contract is concluded for individual parts of the order in accordance with Art.
28 GDPR is required, both contracting parties undertake to conclude such a contract before the start of the contract
Complete service provision. If one party refuses to conclude such a contract, the
other party is entitled to terminate this contract extraordinarily.
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(11) In the case of a work contract, the customer is obliged to accept the work provided there are no defects
exist that entitle him to refuse acceptance.
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(12) The customer must be available to the contractor for any consultations. It will dem
Customers are advised to appoint a second contact person to the contractor if this is available to them
is possible and reasonable.
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(13) If data, information, contact persons or other details are changed during the
If the contract term changes, the customer must inform the contractor immediately if this is necessary
the fulfillment of the contract is necessary.
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§ 6 Commissioning of third parties
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(1) The contractor is entitled to transfer the services he is responsible for to third parties at his own expense
transferred unless otherwise agreed. The contractor monitors and controls the
Statements by a third party commissioned by him.
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(2) The involvement of a third party never creates a direct contractual relationship
between him and the customer.
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§ 7 Warranty
(1) The customer's warranty rights are based on the general legal regulations,
unless otherwise specified below.
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(2) An additional guarantee is not granted.
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§ 8 Liability
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(1) If the contractor can postpone a performance date due to force majeure, strikes, war, riots,
Failure to comply with the pandemic or operational disruption or closure of operations through no fault of one's own will not arise
Claims for damages.
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(2) The contractor assumes no liability for damages or losses suffered by the customer as a result
Inaccessibility or temporary downtimes of the social media platform used arise.
The contractor is not responsible for any technical problems, maintenance work or others
Reasons that lead to the temporary inaccessibility of the platform.
The customer is aware that the availability of social media platforms is not his responsibility
of the contractor and that there will be interruptions or temporary unavailability of the service
platform can come. The contractor is therefore not liable for any damage or loss resulting from this
Customers arise during such times.
However, the contractor will use its best efforts to compensate for any disruptions or failures
fix it or offer alternative solutions if this is within its control. Any
The customer's claims in connection with the inaccessibility of the social media platform are open
direct damages are limited and may not exceed the amount of the agreed fee for the service in question
do not exceed.
This limitation of liability does not apply to grossly negligent or intentional behavior on the part of
contractor.
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(3) If the customer's damage was caused by slight negligence, the contractor is liable
limited: Liability only exists in the event of a breach of essential contractual obligations and is
The amount is limited to the typical damages foreseeable at the time the contract was concluded. Contractual essentials
Obligations are those whose fulfillment is essential for the proper execution of the contract
and on whose compliance the contractual partner regularly relies and can rely.
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(4) In the event of verifiable damage caused by the delay, the contractor is liable for a maximum of 5% of the amount
Agreed (upper limit), provided that the damage caused by the delay is due to slight negligence on the part of the contractor
was caused. If the customer has suffered less damage due to the delay, he can only take action against this
assert this to the contractor.
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(5) The limitation of liability is excluded if the contractor claims a defect fraudulently
conceals that there is an injury to life, body or health
The injury was caused intentionally or through gross negligence, as well as in the event of liability arising from this
Product Liability Act.
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(6) The contractor is not liable for personal, economic or entrepreneurial success
of the customer through his service provision.
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(7) The contractor is not liable to the customer for any damage caused to him as a result of the actions provided by the customer
content provided.
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(8) The contractor is not liable to the customer for damages caused to the customer due to the violation
his obligations to cooperate arise.
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(9) The contractor is not liable for damages if the content provided by the customer
do not comply with applicable law or data protection.
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§ 9 Early termination
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(1) The legal regulations apply.
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(2) If the customer is a consumer and has a right of withdrawal, he can cancel the contract within 14
Can be canceled days after conclusion of the contract without giving reasons. To the cancellation policy in
Appendix is referenced.
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§ 10 Copyright infringement; Scope of use
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(1) The customer is hereby advised that all design elements of the advertisements,
these themselves, texts and drafts of the content and especially the graphic styling, regardless of which
Design form, intellectual property of the contractor. The contractor is the originator of this
Works and should also be named as such by the customer in legal transactions.
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(2) The contractor grants the customer the services after full payment
exclusive, temporally and spatially unlimited and non-transferable right of use. The
Use is limited to social media use only.
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(3) The customer may not pass on the content created by the contractor to third parties.
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§ 11 Final provisions; Severability clause
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(1) The law of the Federal Republic of Germany applies to contractual and other business relationships
Application. The application of the UN Convention on Contracts for the International Sale of Goods (so-called “CISG”, which stands for “United Nations Convention on
Contracts for the International Sale of Goods”) is excluded. If the contractual partner is a consumer,
The mandatory protective provisions of the law of the country in which the contractual partner is located remain
has his or her usual place of residence.
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(2) Should individual provisions of the general terms and conditions or individual agreements
of the contract is invalid, the validity of the remaining provisions will not be affected. Instead of
Invalid provisions are subject to statutory provisions.
(3) If the contractual partner is a merchant, a legal entity under public law or a public
Special legal fund, Oldenburg is the place of jurisdiction for all disputes arising from the contractual relationship.
The same applies if the contractual partner does not have a general place of jurisdiction in Germany or an EU country.
member state or has no known place of residence or habitual residence.
Oldenburg, July 28, 2023
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Right of withdrawal
Right of withdrawal:
Is the customer a consumer in accordance with Section 13 of the German Civil Code (BGB) or a natural person who carries out a legal transaction
a purpose that is predominantly neither commercial nor independent
can be attributed to professional activity, he has a right of withdrawal in accordance with Section 312g i. V. m. §
355 BGB applies if the contract is concluded outside the contractor's business premises or
exclusively via distance selling.
The right of withdrawal does not apply to contracts relating to the delivery of goods that do not
are prefabricated and for their production an individual selection or determination by the
Consumer is relevant or clearly based on the personal needs of the consumer
are tailored. Furthermore, the right of withdrawal does not apply to the delivery of goods
Are not suitable for return for health protection or hygiene reasons if their
seal was removed after delivery; if the goods after delivery due to their
properties were inseparably mixed with other goods. Otherwise applies:
Right of withdrawal
If you have a right of withdrawal, you can cancel the contract without giving reasons
withdraw. The cancellation period is 14 days from the day the contract is concluded. To yours
To exercise the right of withdrawal, you must contact us (contact details below) by means of a clear message
Declaration (e.g. by post or email) about your decision to revoke this contract,
inform. You can use the attached sample cancellation form for this.
In order to meet the deadline, it is sufficient if you provide notification of the exercise of your right of withdrawal
Send at the end of the above deadline.
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The revocation is addressed to:
In the case of a written cancellation:
STYLEMESAERA
Owner Sara Schmidt
Brachvogelweg 50a
26133 Oldenburg
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In case of withdrawal by email: stylemesaera@gmail.com
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In the event of revocation by telephone: +49 (0)172 8657203
Consequences of revocation:
If you cancel this contract, we will lose all payments we receive from you
including delivery costs, immediately and at the latest within 14 days from that date
to be repaid on the date on which we received notification of your cancellation of this contract.
For this repayment we use the same payment method that you used for the original payment
transaction, unless expressly agreed otherwise with you. In
Under no circumstances will you be charged any fees as a result of this repayment.
If you have requested that the service begin during the cancellation period, you have us
to pay a reasonable amount corresponding to the share of the up to the point at which you inform us of the
Exercising the right of withdrawal with regard to this contract, already provided
Services compared to the total scope of services provided for in the contract.
Cancellation form
If you want to cancel the contract that has already been concluded, please fill out this form
and send it back to us.
STYLEMESAERA
Owner Sara Schmidt
Brachvogelweg 50a
26133 Oldenburg
I/we hereby revoke the contract concluded by me/us for the following order:
closed on
First and Last Name
Address
Telephone number
Place, date Customer signature