Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Viktorija Külbel) via the lingeriememade.de website. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(3) The use of external platforms referenced from our website (e.g., SimplyBook.it) is subject to the general terms and conditions of the respective provider. We expressly point out that we assume no responsibility for the content, services, or compliance with the data protection regulations of these external platforms. Use is at the user's own risk.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods including digital content (data created and provided in digital form).
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart." You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
(6) When booking courses or appointments through SimplyBook.it, the terms and conditions of the provider SimplyBook.it apply. In this case, the contract is concluded between you and SimplyBook.it.
We assume no liability for the functionality, availability or content of SimplyBook.it.
§ 3 License for use of digital content
(1) The digital content offered is protected by copyright. You will receive a license for each piece of digital content purchased from us from the respective licensor. The type and scope of the license are determined by the license terms specified in the respective offer.
(2) Unless otherwise stated in the respective offer, you receive a simple license. This includes a non-exclusive, perpetual right of use, in particular the permission to save and/or print a copy of the digital content for your personal use on your computer or other electronic device.
You are not entitled to rent the digital content or parts thereof that are the subject of the contract or not to sublicense, publicly reproduce or otherwise make available to third parties, whether for a fee or free of charge.
§ 4 Conclusion of the contract for courses
(1) The subject of the contract is the conduct of courses.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(3) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 5 Provision of services for courses
(1) The courses will be held in the form described in the respective offers on the agreed dates.
(2) To the extent that the implementation of the courses depends on the number of participants, the minimum number of participants shall be determined from the respective offer.
If the minimum number of participants is not reached, we will notify you in writing (e.g., by email) no later than 7 days before the start of the course that the booked course will not take place. In this case, any services already provided will be refunded immediately.
(3) If an individual event is cancelled due to the instructor's absence at short notice due to illness or other important reason, the services already provided will be refunded immediately.
For events consisting of several dates, if a date is cancelled due to the instructor's short-term absence due to illness or other important reason, the cancelled date will be rescheduled for an alternative date.
(4) In connection with the use of course rooms and facilities, you must comply with the house rules posted locally.You must follow our instructions or those of the course instructor.
§ 5a Data protection on external platforms
(1) When using SimplyBook.it, personal data may be transmitted to the provider. We point out that SimplyBook.it's privacy policy applies, and we have no influence on data processing by SimplyBook.it.
(2) Further information on data protection at SimplyBook.it can be found in the provider’s privacy policy.
§ 6 Substitute participants
You can nominate a replacement participant at any time before the course begins. There will be no charge for this rebooking.
§ 7 Special agreements on offered payment methods
(1) Payment via "Stripe"
If you select a payment method offered by "Stripe," payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "Stripe" can be found at https://stripe.com/de (https://stripe.com/de).
§ 8 Right of retention, retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 9 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.
§ 9a Disclaimer for external services
(1) We assume no liability for the functionality, availability or content of external platforms to which our website refers, in particular for the SimplyBook.it platform.
(2) We are not liable for damages arising in connection with the use of SimplyBook.it, unless these damages were caused by intentional or grossly negligent conduct on our part.
§ 10 Choice of law
(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Viktorija Külbel
Gutenbergstrasse 14
28816 Stuhr
Germany
Phone: +4917684138695
E-mail: info@lingeriememade.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr/.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
When booking courses or appointments through SimplyBook.it, the terms and conditions of the provider SimplyBook.it apply. In this case, the contract is concluded between you and SimplyBook.it.
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system The contract details can be printed out using the browser's print function or saved electronically. Once we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.6 Unless otherwise agreed, payment for booking courses must be made on-site before the start of the course at the latest, otherwise there is no entitlement to participation.
5.7. When booking courses or appointments through SimplyBook.it, the payment terms of the provider SimplyBook.it apply. We assume no responsibility for payment processing via external platforms.
6. Delivery conditions, provision
6.1. The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly labelled button on our website or in the respective offer.
6.2.If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
6.3. The delivery and service conditions of the provider SimplyBook.it apply to the provision of services via SimplyBook.it.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last updated: 29.11.2023