Section 1 – Provider
(1) The provider and contracting party is cosmetri, Bülowstraße 66, 10783 Berlin, phone +49 (0)30 2241 0567, e-mail firstname.lastname@example.org (hereinafter referred to as “cosmetri”).
(2) The present cosmetri Virtual Assistant Terms and Conditions are a component part of any contractual agreement made between the provider and the respective customer for the provision of Virtual Assistants (hereinafter referred to as “VAs”). cosmetri objects to any terms and conditions that the customer may have established and that contradict the present Virtual Assistant Terms and Conditions.
(3) Products and services offered by cosmetri are aimed at commercial customers according to § 14 BGB (German Civil Code) only. cosmetri does not enter into any contracts with consumers. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(4) Any contractual offer, conclusion of a contract and its fulfilment will be handled in English language.
Section 2 – Service
(1) The Virtual Assistant Terms and Conditions apply explicitly to the provision of VAs by cosmetri to perform virtual assistant services for customers. For customers subscribing to the cosmetri Software-as-a-Service, please refer to the General Terms and Conditions at https://www.cosmetri.com/terms/
(2) The service includes provision of personnel (VAs) contracted by and working on behalf of cosmetri to provide cosmetri’s Customers with support in routine administrative tasks in the Customer’s cosmetics and personal care businesses, including, but not limited to, data entry in the customer’s cosmetri software account, online research, contacting suppliers and document management. For details, please refer to the overview at https://www.cosmetri.com/virtual-assistants/
(3) cosmetri VAs are not intended to perform services requiring specialist knowledge of cosmetic formulation or cosmetic science or the compliance of cosmetic products with the Cosmetics Regulation (EC) 1223/2009 or any other legal regulations. The Customer agrees not to request the VA to perform any such tasks requiring these skills, knowledge or qualifications.
(4) Customer is responsible for providing any appointed VA with clear instructions of tasks to be performed and communicated in a timely manner to enable the VA to perform the service.
(5) VA hours purchased by the Customer are divided equally across the available working days. For example, 40 monthly hours will equate to approximately 2 hours per working day with a flexibility of +/- 10%, beyond which hours may not be accumulated or rolled over.
(6) cosmetri cannot guarantee the fulfillment of the purchased VA hours. The VA may be unable to fulfil the service due to absenteeism, illness, act of God, planned vacation or statutory holidays. If the VA is unable to cover all the hours purchased in a given month, the Customer will, by prior agreement with cosmetri, be able to either roll over the hours to the following week/month, or receive a refund to the value of the unworked hours.
(7) During any working day from Monday to Friday inclusive, hours that the VA is unable to work due to lack of communication by the Customer will be determined as paid hours and debited from the Customer’s available credit of VA hours.
(8) cosmetri offers no guarantee that the VA will be available during normal office hours in the time zone where the customer’s place of business is located. Most likely, the VA will be located in time zone UTC + 8 and work in the normal office hours of their location.
(9) The cosmetri VA service is not intended for use in medical or healthcare contexts.
(10) cosmetri may introduce changes in the cosmetri VA service at any time as long as the service agreed upon initially remains generally available.
Section 3 – VA access to customer’s cosmetri software account
(1) Customers are offered the option to provide cosmetri with access to the customer’s cosmetri software account for the fulfilment of the VA service. This access is provided via a VA user account created by cosmetri and linked to the customer’s account. The customer must then grant access to the VA user account via the Global Settings/Users/Actions function by clicking on ‘Click to activate user’, available to the master admin user. The customer can revoke access by the VA at any time by deactivating the VA user account, using the same setting and by clicking on ‘Click to deactivate user’.
(2) Only one VA will be provided with access by cosmetri to any VA user account at any one time. Depending on the number of VA hours booked by the customer, more than one VA account may therefore be required to enable fulfilment of the VA service.
(3) The first name of the person acting as VA will be disclosed to the customer and also displayed in the user profile of the VA account, and therefore visible to the customer when logged into cosmetri. To ensure availability of the VA service, cosmetri may, by agreement with the customer, appoint a different person to operate the VA account and will first update the first name, email and password of the VA account, so that only the newly assigned person may access the VA account.
(4) Upon conclusion of the contract, the customer is responsible for deactivating the VA user account, thus preventing access. VA user accounts will also be suspended by cosmetri and cannot be re-activated by the customer unless a new contract term begins. To avoid any loss of data, any VA user accounts will not be deleted by cosmetri for the duration that the customer has an active cosmetri subscription.
(5) Although cosmetri processes data provided by the customer in its EDP, any intellectual property regarding customer data – e.g. formulations – will remain with the customer. cosmetri keeps all data confidential and will not share it with a third party.
(6) cosmetri shall delete all data provided by the customer to the VA with the termination of the service contract. It is the customer's responsibility to download, export and/or print all data necessary before the contract period ends.
Section 4 – Conclusion of contract
(1) For the conclusion of the contract, the customer completes the booking form on cosmetri's website and selects the number of 40-hour VA packages required each month. The order will be conclusively placed with cosmetri by clicking on the button “Select”. Until the order is transmitted to cosmetri, the customer has the opportunity to review, at any time, the data inputted when placing the order, to modify this or to completely discontinue the order.
(2) cosmetri will save the content of the contract concluded on its EDP system and will transmit a copy to the customer's e-mail address (contract confirmation). cosmetri recommends printing or saving this contract confirmation for later reference.
Section 5 – Payment, failure to pay
(1) Payments can be made by credit card only. cosmetri accepts VISA, MasterCard and American Express. Credit Card payments will be processed by Stripe Inc., 3180 18th St., San Francisco, CA 94110, USA, on behalf of cosmetri. cosmetri itself will neither collect nor process customers' credit card details.
(2) Booking of VA hours is achieved by selecting the number of hours required, available in increments of 40 hours per month.
(3) Payment of an initial deposit is required upon booking. Bookings placed no later than the first day of the month are required for VA services due to commence or be renewed on the first day of the following month. Once availability has been confirmed, the customer will be automatically charged on or soon after the first day of the first month and each month thereon. This payment will be taken via Stripe using the card used by the customer to pay the initial deposit.
(4) If availability of the VA service cannot be confirmed by cosmetri, the paid deposit will be refunded in full to the customer’s card, no later than seven days after the service was due to commence.
(5) The VA monthly subscription remains active until the customer unsubscribes. To unsubscribe, the customer must send an email to email@example.com. To unsubscribe to the end of the current month, the cancellation must be received no later than the seventh day of that month. Cancellation after this day will be effective to the end of the following month and a further payment will be due for the following month’s services.
(6) If payment of the balance due cannot be taken, cosmetri can refuse performance of the service until payment is made. A refund or credit for any VA hours that were not worked during suspension of the service will not be provided.
(7) Deposits will be returned upon termination of the contract, provided the customer cancels within the cancellation period stated in (5). The amount due will be credited to the customer’s card stored with Stripe, no later than five working days following cancellation.
Section 6 – Duration and termination
(1) The VA Monthly service is a monthly subscription which remains active until the customer cancels, according to Section 5, para. 5.
(2) For both parties, the right to immediate termination for good cause remains unaffected.
Section 7 – Warranty
(1) cosmetri does not warranty the quality or accuracy of any data entered or provided by the VA during the provision of the service. The customer is responsible for verifying the accuracy of such data. For data entered by the VA in the cosmetri software, the customer must approve this data for purposes of quality control. This includes, but is not restricted to, the approval of cosmetic formulas, raw materials, manufacturing orders and packaging items.
(2) In all other regards, warranty claims shall be governed by the statutory regulations.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on the International Sale of Goods (UNCISG) and excluding the provisions of the law on conflict of laws under international private law.
(2) Where the customer is a merchant according to § 1 HGB (German Commercial Code), an entity under public law or special assets (Sondervermögen) under public law, the parties agree that cosmetri's seat – Bülowstr. 66, 10783 Berlin, Germany – shall be the place of jurisdiction.
(3) Should individual provisions of the present cosmetri Virtual Assistant Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.