Elena Cardella Make-up Artist

Terms and Conditions

The following terms and conditions apply to all legal transactions between the company Elena Cardella Make-up Artistand its contract partner.

If individual contractual arrangements deviate from or contradict the provisions of these terms and conditions, the individual contractual arrangements shall take precedence.

Click here: Online Shop Terms and Conditions

1. General

The subject of the contract is the activity of the make-up artist Elena Cardella for the agreed contractual purpose. A contractual relationship is established solely between Elena Cardella and her client (hereinafter referred to as "Make-up Artist").

2. Options/Reservations

Options are reservations for the make-up artist's services on a set date. The option expires immediately if a firm booking by a third party is possible, and the optioned date does not result in a confirmed booking after consultation with the client who made the option agreement.

3. Firm Booking

A firm booking represents a binding order from both the make-up artist and the client for the agreed date. The firm booking is made through a written service contract, which must be signed by the client and returned to the make-up artist. The make-up artist will then send a booking confirmation via email, and the date is considered officially booked from that point.

In the case of a firm booking, the make-up artist is entitled to the agreed fee in full or in part, even if the order cannot be carried out or only partially carried out due to reasons beyond the control of the make-up artist (see section on cancellation/standby fees). The fee claim does not apply if the client cancels the firm booking in writing at least 14 days before the agreed service date. A different rule applies to bridal styling (see section on cancellation/standby fees).

The make-up artist can be booked for offered services for half days (4 hours) or full days (8 hours, including 1-hour break). Service, day, or half-day fees are agreed accordingly. In case of agreements for full-day or half-day fees (net), additional work hours beyond the booked period will be charged at an hourly rate. The hourly rate for each additional hour is 15% of the full-day fee.

For private clients, the make-up artist reserves the right to request a deposit of 30% of the fee. If the deposit is not paid within 7 days, the make-up artist may cancel the appointment.

4. Third & Additional Costs

In the case of a firm booking, the client is responsible for covering any third-party and additional costs (e.g., material costs, props, styling fees, rental fees, possible travel and accommodation costs, as well as expenses for orders outside the make-up artist's residence according to tax regulations, service fees, etc.) and must pay these in full or in part in advance to the make-up artist, depending on the agreement. Otherwise, the make-up artist is not obligated to provide services in the agreed scope. If the originally assigned task is expanded, the make-up artist is entitled to invoice additional work and any third-party or additional costs separately.

5. Travel & Travel Expenses

If domestic travel requires arrival the day before or the travel time to and from the production location exceeds 4 hours per day, or if the production location is outside Germany, travel days will be charged based on time spent unless otherwise agreed. The basis for calculation is the daily fee.

In general, unless otherwise agreed, travel expenses will be charged at €0.80 per kilometer driven, along with parking fees.

6. Invoice, Payment & Delinquency

The invoice amount is due within 8 days of the invoice date, unless otherwise stated on the invoice. No discounts or other deductions will be granted. For services provided to private clients, the invoice amount is due immediately upon receipt or upon completion of the service. If the invoice is not paid by the due date, the make-up artist reserves the right to charge a late fee, which will be calculated as a percentage of the outstanding amount.

7. Fee

The fee for the make-up artist only covers the services and contractual purposes specified at the time of contract conclusion. Until the full payment of the fee and any third-party or additional costs, any use for reproduction, distribution, or publication, even by third parties, of works/results created with the participation of the make-up artist is prohibited. The usage rights will only be granted after full payment of the agreed fee.

8. Cancellation & Compensation Fees

Business Clients (Text: 15 pt)

In the event of a cancellation of a confirmed booking by the client within 2 months of the agreed service date, the following compensation fees apply:

Up to 2 months before the service date: 30% of the agreed fee
Up to 1 month before the service date: 70% of the agreed fee
From 1 month up to 1 day before the service date: 100% of the agreed fee

Private Clients & Coaching Courses

(Bridal styling/coaching/private clients):

For cancellations (after confirmation) up to 10 months before the agreed date, the 30% deposit will be retained
For cancellations up to 6 months before the agreed date: 70% of the agreed price will be charged
For cancellations up to 4 months before the agreed date: 80% of the total amount will be charged
For short-notice cancellations within 4 months of the agreed date: 100% of the agreed fee is due

Cancellation clause: The client has the right to prove that no or significantly less damage has occurred.

The make-up artist reserves the right to cancel an assignment without notice—even during ongoing production—if the agreed deposit is not received on time or in full, if the production dates are postponed by the client, or if it is suspected that the booking is not being upheld seriously (e.g., no response from the client despite multiple contact attempts over a period of at least 7 days). In such cases, a compensation fee of 100% of all actual and documented expenses, plus the services provided up to the point of cancellation, and 50% of the agreed total fee is due.

The cancellation amount must be paid within 8 days of confirmation by the make-up artist.

The make-up artist reserves the right to suspend services entirely or partially at any time without prior notice.

If the make-up artist is unable to perform the service due to illness or circumstances beyond their control, they will make every effort to find a suitable replacement. However, the make-up artist is not liable for any additional costs or potential damages.

9. Test Shoots, Layout & Personal Projects

Test shoots, layout projects, and personal creative work must be communicated in advance by the client and explicitly agreed upon with the make-up artist. Any work done within the framework of test shoots, layouts, or creative work may only be used for test or layout purposes.

Without the explicit permission of the make-up artist, results from these shoots may not be used, in full or in part, by third parties for reproduction, distribution, or publication. For extended usage beyond test purposes, a separate fee must be agreed upon with the make-up artist.

Test and personal projects are either unpaid or compensated with a very small fee. If such work is later used for other purposes (e.g., commercial use, publication, advertising campaigns), the make-up artist and hairstylist is entitled to appropriate compensation.

If the make-up artist is paid only a reduced layout fee, but the resulting photographs are used beyond layout purposes (e.g., in advertising), the artist is still entitled to fair payment. The appropriateness of the fee is determined by standard industry rates and the revenue generated from usage.

10. Liability

It is the client’s responsibility to inform the make-up artist of any potential allergies affecting themselves or any booked persons. Therefore, claims for damages are excluded.

a) The make-up artist is liable for intent and gross negligence according to legal regulations. Liability for guarantees is independent of fault. For slight negligence, the make-up artist is only liable under the Product Liability Act, in cases of injury to life, body, or health, or in cases of breach of essential contractual obligations.

In the case of slightly negligent breaches of essential contractual obligations, liability is limited to foreseeable damages typical for the contract, unless life, body, or health are affected. The same applies to liability for agents or representatives.

b) The above clause also applies to compensation in addition to the service, instead of the service, and for reimbursement of futile expenses, regardless of the legal grounds, including liability for defects, delay, or impossibility.

11. Complaints & Artistic Interpretation

The client or an authorized representative is obligated to be present during filming or photo shoots and to approve the artistic vision of the make-up artist. If neither the client nor an authorized representative is present during the shoot, the artistic interpretation of the work cannot later be contested by the client. In such a case, any re-creation of the work must be compensated separately.

Complaints by the client must be made immediately, or during the ongoing production, with a clear description of the deficiencies to allow the make-up artist to correct and satisfy the client's expectations. Otherwise, the service provided by the make-up artist will be deemed contractually fulfilled with regard to obvious defects.

12. Credit & Use of Image Material

(Not applicable to private clients)
The client is obligated to provide the make-up artist with photographs and/or video material created during the project in edited form and send them proactively. The make-up artist is entitled to use these photos and videos—including analog and digital copies, prints, and duplicates—for self-promotion. This includes publishing them on the internet, sending them out in newsletters, or presenting them as part of a portfolio. The client must ensure that the photographed model(s) have given consent to this use.

The make-up artist is entitled to be credited by full name as the make-up artist when the work is used (including in test shoots, personal projects, and editorials). The client must ensure this crediting is respected in contracts with third parties. If this obligation is violated, a surcharge of 100% of the agreed fee will apply.

13. Insurance

Props must be insured by the client against theft, damage, loss, etc. The client is responsible for obtaining production insurance for personal and property damage, as well as any necessary personal or event cancellation insurance.

14. Copyright & Rights of Use

The make-up artist retains exclusive ownership and copyright of all samples provided, including portfolios, photographs, analog/digital media, and drawings. These materials may not be copied or shared with third parties without prior written permission from the make-up artist. All samples must be returned. The client has no right of retention and is liable for any damage or loss of the materials provided.

It is not the responsibility of the make-up artist to verify or obtain usage rights for props. This must be handled by the client. The make-up artist cannot guarantee the availability of props selected through a "prop casting" for the scheduled production date. The client bears the risk and cost of returning props promptly after use to the make-up artist or a designated third party. Failure to do so may result in liability for any resulting damages.

If props are lost, damaged, or otherwise cannot be returned—and the make-up artist is not at fault—the client must reimburse replacement costs. Unless otherwise agreed, the client does not acquire ownership of props or materials provided.

The make-up artist is not liable for damage to third-party props during transport or use unless caused by gross negligence or intent. Risk of accidental loss or damage transfers to the client once the props are handed over to the transport provider—even if transport is arranged by the make-up artist. If the final work is lost through no fault of the make-up artist, the right to compensation remains.

In cases of unauthorized use, redistribution, or other unapproved utilization of work—including test shoots, layouts, and personal projects—without prior payment of an appropriate fee, a compensation of five times the daily rate will be charged, without prejudice to further claims for damages.

15. Client Responsibilities

Before treatment, the client must inform the make-up artist of any medical conditions or allergies that may prevent treatment. Accurate and truthful disclosure is required. If such information is withheld, the make-up artist accepts no liability for any resulting damage. In this case, complaints will not be accepted.

16. Data Protection / Photos

The client expressly consents to the collection, processing, and use of their personal data. Data will be stored solely for the purpose of fulfilling the service and will not be shared with third parties.

If photos are taken during the styling process to document the transformation, they may only be used by the make-up artist for promotional or demonstration purposes with the client’s prior written consent. The client may withdraw their consent to the storage and use of their data or images at any time by email or in writing.

17. Severability Clause

Any agreements deviating from these terms must be in writing. If any provision of this agreement is invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by one that most closely matches the intended purpose. The same applies to any contractual gaps.

German law applies, even for deliveries abroad. The place of fulfillment and jurisdiction, to the extent legally permitted, is the business location of the make-up artist.

Notice Regarding Legal Warnings

Please do not send legal notices without prior contact! If any content or design of this site infringes upon the rights of third parties or violates legal requirements, we request a corresponding notice without cost. We guarantee that justifiably disputed passages will be promptly removed without the need for legal action.

Any costs incurred without prior contact will be fully rejected, and we reserve the right to countersue for violation of the aforementioned terms. Any legal warning costs issued without prior notice will be rejected as unjustified under the duty to mitigate damages.

18. Sale Online Shop

§1 General

1.1. The following Terms and Conditions apply to all deliveries between Elena Cardella and a consumer in the version valid at the time of the order.

1.2. These General Terms and Conditions apply exclusively to all orders placed via our website and to all our deliveries and services, in the version valid at the time of the order. Deviating terms and conditions of the customer shall not apply unless we have expressly agreed to them in writing.

Our online sales are directed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature (§ 13 BGB).
An entrepreneur is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their trade or self-employment when concluding a legal transaction.

§2 Conclusion of Contract

2.1. The following provisions apply to orders placed via our online shop at http://www.makeupbyec.com.

2.2. In the case of a contract, the agreement is formed with:

Elena Cardella – Make-up Artist
In der Etzwiese 10
69181 Leimen (Heidelberg), Germany
VAT ID: DE313246279
Phone: +49 176 35410457
Email: info@makeupbyec.com

2.3. The presentation of goods in our online shop does not constitute a legally binding offer, but is a non-binding invitation for consumers to place orders. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.

2.4. When an order is placed in our online shop, the following steps apply:

Selection of desired goods
Click “Order”
Review of items in the shopping cart
Click “Checkout”
Review and/or correct inputted data
Submit binding order by clicking “Place order with obligation to pay” or “Buy”

After receiving your order, we will send a confirmation email with the order details (order confirmation). Please note: this order confirmation does not constitute acceptance of your offer. A valid contract is only formed once the total amount is credited to our account and you receive an acceptance confirmation via email.

Elena Cardella reserves the right to reject an offer without providing reasons, particularly if there is reason to believe that the products ordered are intended for commercial resale.

2.5. Storage of Contract Data:
We will send you the order details and our Terms and Conditions via email. You can also access the Terms and Conditions anytime at: https://www.makeupbyec.com/agb. For security reasons, your order details will no longer be accessible online after completion. Please contact us via email at info@makeupbyec.com with any concerns.

§3 Prices & Product Information

3.1. All prices include statutory VAT and other price components. Shipping costs are calculated separately and clearly shown during checkout. Prices in effect at the time of order on www.makeupbyec.com apply. Prices are stated in euros.

3.2. The goods offered on the website are presented as digital photographs of the actual products. Minor deviations between images and the actual product do not constitute a defect.

3.3. The products are sold by Elena Cardella. Unless otherwise noted (“own production – handmade”), she is not the manufacturer.

3.4. Handmade items are unique pieces; slight deviations from the website images do not constitute defects.

§4 Payment Terms

4.1. The total price including shipping is due immediately upon order confirmation.

4.2. Available payment methods are shown in the online shop.

4.3. Payment options:

Prepayment by bank transfer: Payment information will be emailed with the invoice.
PayPal: Payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., under the applicable PayPal terms. If you do not have a PayPal account, you can still pay according to these terms. The contract is considered accepted once you complete the PayPal payment process, unless the item is unavailable—in which case, you will receive a full refund.

4.4. If the customer chooses prepayment, they agree to transfer payment immediately after contract conclusion.

§5 Shipping & Returns

5.1. Unless otherwise stated, all items are ready to ship. Delivery is within 5 business days. For prepayment, the delivery period begins after payment is received; for other methods, after contract formation. If the delivery date falls on a weekend or public holiday, it will move to the next working day.

5.2. Orders are shipped to the address provided by the customer unless otherwise agreed. The shipping address provided at checkout is binding.

5.3. Shipping costs are paid by the customer and displayed before checkout. Standard shipping is €4.99. Shipping is freefor orders over €100.

5.4. Currently, we only deliver within Germany. Please contact us regarding international orders.

5.5. Risk of loss or damage transfers to the customer upon handover of the goods—even if shipped.

5.6. Returns are at the customer’s expense. Upon receipt of the returned goods, the amount paid will be refunded.

§6 Retention of Title

We retain ownership of all goods until full payment has been received.

§7 Liability

7.1. If goods are delivered damaged or defective, we are only liable if you notify us in writing within 5 days of receipt at:
Elena Cardella Make-up Artist
In der Etzwiese 10
69181 Leimen, Germany
or via email: info@makeupbyec.com

7.2. If a valid issue is reported under §7.1, our sole obligation is to replace, repair, or refund the defective item(s). Legal warranty rights apply.

7.3. As permitted by law, we are not liable for indirect damages, loss of profits, or business disruption. Our liability is limited to refunding the purchase price of the affected goods.

7.4. Note on Contact Allergies – Fashion Jewelry:
Our products are fashion jewelry and may cause allergic reactions. We accept no liability for any such reactions. We advise you to remove the item immediately if a reaction occurs and inform us so we can improve.

§8 Data Protection

Elena Cardella processes your data in accordance with German data protection laws. Personal data is only used to fulfill your order and maintain the contract. We will not use your data for marketing or research without consent. More information: [Privacy Policy].

§9 Applicable Law

9.1. All disputes arising from or related to this purchase contract are subject to German law, excluding UN sales law (CISG).

9.2. If any provision is invalid, the remaining provisions remain unaffected.

§10 Electronic Communication

By making a purchase, you agree to receive contract-related communication electronically. This includes invoices and information about your right of withdrawal.

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§11 Right of Withdrawal for Consumers

Right of Withdrawal

Consumers have the right to withdraw from this contract within fourteen days without providing any reason.
A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.

Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us:

Elena Cardella Make-up Artist
Elena Cardella
In der Etzwiese 10
69181 Leimen (Heidelberg), Rhein-Neckar-Kreis
VAT ID: DE313246279

Phone: +49 176 35410457
Email: info@makeupbyec.com

via a clear declaration (e.g., a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for the additional costs arising if you chose a different method of delivery than the most cost-efficient standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received your notification of withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction unless expressly agreed otherwise; in no event will you be charged any fees for this repayment.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.

You must send back or hand over the goods to us without delay and in any event not later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

End of Withdrawal Policy

Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

To:
Elena Cardella
In der Etzwiese 10
D-69181 Leimen
Email: info@makeupbyec.com

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ():

Ordered on ()/received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if submitted on paper):

Date:

(*) Delete as appropriate.

§8 Warranty

The statutory warranty provisions apply.

§9 Contract Language

The contractual language available is exclusively German.

§10 Customer Service

Our customer service for questions, complaints, and claims is available on working days from 9:00 am to 5:30 pm at: