Contractual terms and conditions within the framework of purchase contracts concluded via the platform
between
Elanore Beauty GmbH ,
Jungfernstieg 34, 20354 Hamburg,
Phone: +49 (0) 15213567041,
registered in the commercial register of the Hamburg District Court under HRB 174143,
represented by Eleonora Laqmani,
VAT identification number: DE 311660674 - hereinafter referred to as "Provider" -
and
the customer referred to in Section 2 of the contract - hereinafter referred to as "Customer" -
be closed.
1 Scope, definitions
(1) The following general terms and conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the web shop provider (hereinafter "Provider") and the customer (hereinafter "Customer"). Deviating general terms and conditions of the customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.
2 Conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Order with payment" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept Terms and Conditions" button, thereby incorporating them into their application.
(2) The presentation of our goods and the granting of the opportunity to place an order do not constitute a binding offer on our part. Only your order constitutes an offer to us to conclude a purchase contract.
(3) The provider will then send the customer an automatic confirmation of receipt by email, which will list the customer's order again. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded upon the provider's declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer on a permanent data medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
(4) The contract shall be concluded in German.
3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the date of our order confirmation, provided the purchase price has been paid in advance (except in the case of purchase on account).
(2) If no copies of the selected product are available at the time the customer places the order, the provider will notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, a contract will not be concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria and Switzerland.
(5) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, the provider is exempt from any obligation to perform. Any amounts already paid will be refunded immediately by the provider.
4 Retention of title
The delivered goods remain the property of the provider until full payment has been made. As long as this retention of title exists, the customer may neither resell the goods nor contractually grant third parties the right to use the goods.
5 Prices and shipping costs
(1) All prices stated on the provider’s website include the applicable statutory value added tax.
(2) Shipping costs depend on the shipping method, size, and weight of the goods ordered by the customer. The corresponding shipping costs are to be borne by the customer unless the customer exercises his or her right of withdrawal.
(3) The goods will be shipped by mail. The shipping risk is borne by the provider if the customer is a consumer. For entrepreneurs, the risk of accidental loss and accidental deterioration passes to you as soon as the provider has delivered the item(s) to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. For merchants, the obligation to inspect and give notice of defects stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the notification stipulated therein, the goods shall be deemed approved, unless the defect was not detectable upon inspection. This shall not apply if the provider fraudulently concealed a defect.
(4) In the event of a cancellation, the customer shall bear the direct costs of returning the goods.
6 Payment methods
(1) The customer can make payment by direct debit, credit card, cash on delivery, PayPal or invoice.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar, the customer shall be in default simply by missing the due date. In this case, the customer shall pay the provider default interest for the year at a rate of 5 percentage points above the base interest rate. If higher damages have demonstrably been incurred due to the delay, the provider is entitled to claim these.
(4) The customer’s obligation to pay default interest does not exclude the provider from claiming further damages caused by default.
7 Warranty for material defects, guarantee
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). A product that is already defective upon delivery will be replaced at the Customer's discretion and at the Provider's expense. The Customer is advised that no warranty claim exists if the product had the agreed quality at the time of transfer of risk. A warranty claim does not exist in the following cases:
a) in the event of damage caused to the customer through misuse or improper use,
b) in the event of damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.
8 Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider fraudulently concealed the defect or provided a guarantee for the quality of the item. The same applies if the provider and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.
9 Training
Elanore Beauty GmbH provides all necessary training materials for the course. All Elanore Beauty GmbH training materials are subject to copyright protection. Any unauthorized use (including reproduction, editing, commercial use, or distribution) of this copyrighted content, particularly using electronic systems, is strictly prohibited and requires the prior express written consent of Elanore Beauty GmbH. Elanore Beauty GmbH training materials are available exclusively to participants of the corresponding course. Elanore Beauty GmbH assumes no liability for incorrect information and its consequences. Claims for damages in this regard are excluded unless caused by gross negligence or intent.
§ 1 Scope
(1) These general terms and conditions (GTC) apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as “customer”) and Elanore Beauty GmbH regarding the online training courses provided on the website.
(2) A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes that cannot be attributed to a commercial or independent professional activity.
(3) An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity that concludes a legal transaction for the purposes of its commercial or independent professional activity.
§ 2 Services of Elanore Beauty GmbH
(1) Elanore Beauty GmbH provides the customer with various online training courses. The exact content of the course can be found in the service description of the respective online training course on the website.
(2) For online training courses, Elanore Beauty GmbH provides its services exclusively in electronic form via training videos. In addition to the online content, six months of individual support is provided.
(3) The online training is provided as a training video on the Elanore Beauty GmbH website. To access the video correctly, the customer's system must meet certain minimum requirements, which are communicated to the customer on the website. The customer is responsible for compliance with these system requirements. Elanore Beauty GmbH is not liable for technical problems resulting from inadequate system requirements on the part of the customer.
(4) Elanore Beauty GmbH does not guarantee any specific success through the training content. In particular, Elanore Beauty GmbH does not guarantee that the customer will achieve a specific learning outcome or that the customer will reach a specific performance goal. This depends not least on the customer's own commitment and motivation, over which Elanore Beauty GmbH has no influence.
§ 3 Conclusion of contract
(1) The online training courses provided on the website do not constitute binding offers on the part of Elanore Beauty GmbH, but serve solely to enable the customer to submit a binding offer.
(2) The customer can submit their binding offer via the online registration form provided on the Elanore Beauty GmbH website. After entering their data in the registration form, the customer submits a legally binding contractual offer for the selected online training course by clicking the button that completes the registration process.
(3) Elanore Beauty GmbH may accept the binding offer,
a) by sending the customer a written confirmation of registration or a confirmation of registration in text form (e.g. by email), whereby the receipt of the confirmation of registration by the customer is decisive, or
b) by requesting payment from the customer after submitting his offer.
(4) Elanore Beauty GmbH will provide the customer with the purchased training video for a period of one year. In addition, Elanore Beauty GmbH will provide intensive, individual support for six months.
(5) When registering via the Elanore Beauty GmbH website, the contract text will be saved after the contract has been concluded and sent to the customer in text form after the order has been submitted. Elanore Beauty GmbH will not make the contract text available beyond this time.
(6) Before submitting a binding offer via the online registration system, the customer can continuously correct his entries using the usual keyboard and mouse functions.
(7) The customer must ensure that the email address provided when submitting the offer is correct so that emails sent by Elanore Beauty GmbH can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by Elanore Beauty GmbH or third parties commissioned by Elanore Beauty GmbH to process the contract can be delivered.
(8) The customer will receive the access data for the online training via email as soon as payment is received. The access data must be kept confidential and not made accessible to unauthorized third parties.
(9) In case of misuse of the data, Elanore Beauty GmbH is entitled to block access.
(10) The customer is liable for any misuse for which he is responsible.
§ 4 Right of withdrawal for consumers in distance contracts for digital content
(1) Consumers have a statutory right of withdrawal of fourteen days from distance contracts.
(2) The cancellation period shall be 14 days from the date of conclusion of the contract.
(3) To exercise the right of withdrawal, the customer must, by means of a clear
Declaration (e.g. a letter sent by post or an e-mail) of the decision to withdraw from this contract.
The revocation must be addressed to:
Elanore Beauty GmbH
Jungfernstieg 34
20354 Hamburg
Email: info @ elanobeauty.com
(4) To comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
(5) If the customer cancels the contract, Elanore Beauty GmbH shall reimburse the customer all payments received, including delivery costs (with the exception of additional costs resulting from the customer choosing a delivery method other than the cheapest standard delivery offered by Elanore Beauty GmbH), promptly and at the latest within 14 days from the date on which Elanore Beauty GmbH received notification of the cancellation of this contract. For this reimbursement, the same means of payment will be used that the customer used for the original transaction, unless expressly agreed otherwise. Under no circumstances will the customer be charged any fees as a result of the reimbursement.
§ 5 Expiry of the right of withdrawal
The right of withdrawal for consumer contracts for digital content expires according to Section 356 Paragraph 5 of the German Civil Code (BGB) if the customer agrees that Elanore Beauty GmbH begins to fulfil the contract before the expiry of the withdrawal period and the customer has confirmed his knowledge that by giving his consent his right of withdrawal expires with the commencement of the contract fulfilment before the expiry of the withdrawal period.
§ 6 Prices and payment conditions
(1) Unless otherwise stated in the service description of Elanore Beauty GmbH, the prices stated are total prices which include the statutory value added tax.
(2) The purchase price is due immediately. An invoice will be automatically sent to the customer via email after the order process has been successfully completed.
(3) Various payment options are available to the customer, which are specified on the Elanore Beauty GmbH website.
(4) If the payment option is agreed upon by “advance payment”, payment is due immediately after conclusion of the contract, unless a later due date has been individually agreed upon.
(5) For payments via “PayPal”, payment processing is carried out via the payment service provider “PayPal” (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg , subject to the PayPal Terms of Use , which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or at https://www.paypal.com/de/webapps/mpps/ua/privacywax-full .
(6) If a SEPA direct debit is returned, Elanore Beauty GmbH is entitled to charge the costs of the returned direct debit as well as an expense allowance of €25.00 per returned direct debit.
(7) If payment by installments has been agreed and the customer does not pay after a reminder in text form and after setting a grace period, the installment payment agreement will be terminated prematurely and the entire outstanding amount will then become due immediately.
§ 7 Rights of use, performance period
(1) The online training is available to the customer 24/7 on the website for a period of one year after purchase.
(2) Subject to payment of the due and owing remuneration, the customer shall receive the contractually agreed, non-exclusive right to use the contents of the online training for private use, limited to a period of one year and non-transferable to third parties.
(3) After one year, the right of use shall expire and access to the online training shall be blocked.
(4) Elanore Beauty GmbH is responsible for the connection of its server to the Internet and ensures accessibility 24 hours a day, seven days a week. This does not include downtime.
a) due to the customer’s lack of technical requirements for accessing and using the online training,
b) as a result of disruptions in the data transmission network or defects within the responsibility of the data transmission company,
c) due to force majeure, in particular power outages or disruptions to telecommunications networks.
(5) The customer is not permitted to record, download, or make a copy of the online training available to others, whether for a fee or free of charge, or to publish it in any way. In the event of a violation, Elanore Beauty GmbH will assert claims for damages against the customer and consider blocking access to the online service. Elanore Beauty GmbH will contact the customer prior to blocking access and inform them of the circumstances and the intended blocking, as well as provide them with an opportunity to remedy the situation within a reasonable period of time; this does not apply in cases of imminent danger.
(6) Any further use, in particular the reproduction, distribution, making available to the public, renting, leasing or lending of the contents of the online training, both in printed form and in file form, is prohibited.
(7) Elanore Beauty GmbH reserves all rights to the online training courses, in particular to their content as well as to trademark rights and copyrights.
§ 8 Contractual penalty
For each case of culpable breach of the obligations described in Section 7, a reasonable contractual penalty determined by Elanore Beauty GmbH shall be paid to Elanore Beauty GmbH, the fairness of which shall be reviewed by the competent local or regional court in the event of a dispute.
§ 9 Defects
(1) Elanore Beauty GmbH will remedy technical defects in the online service within a reasonable period of time.
(2) It is the customer’s responsibility to report any apparent defects, malfunctions or damage immediately.
§ 10 Liability
(1) Elanore Beauty GmbH is fully liable
a) in the event of intent or gross negligence,
b) in the event of intentional or negligent injury to life, body or health,
c) in accordance with the provisions of the Product Liability Act.
(2) If Elanore Beauty GmbH negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract.
(3) Elanore Beauty GmbH shall not be liable for any further damages.
§ 11 Final provisions
(1) No oral or written ancillary agreements were made.
(2) Amendments or additions to these Terms and Conditions must be made in writing to be effective, unless a more stringent form is required by law. This also applies to changes to the written form clause.
(3) Should individual provisions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that most closely approximates the intent and purpose of the contracting parties had they known of the invalidity of the provision.
(4) The law of the Federal Republic of Germany shall apply to all legal relationships.
(5) If the customer acts as a merchant, a legal entity under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes shall be the registered office of Elanore Beauty GmbH.
§ 12 Live events and workshops
(1) Ticket purchases for live events and workshops are binding. Refunds of the ticket price are excluded, regardless of the reason for the customer's cancellation or non-participation.
(2) In case of no-show, the ticket will be forfeited in full. Transfer to another person is only possible with the prior written consent of Elanore Beauty GmbH.
(3) No refunds or credits can be issued in the event of illness or other unforeseeable circumstances. The booked places are reserved for the participants, making short-term reassignment impossible.
