General terms and conditions for online shop and training courses, workshops
The customer agrees to the following conditions as soon as he registers for one of our training courses or orders from our online shop.
1. Scope
These general terms and conditions (hereinafter "GTC") of Emese Toth, acting under "Emese Beautique" (hereinafter "seller"), apply to all contracts for the delivery of goods that an entrepreneur (hereinafter "customer") with the seller with regard to closes the goods displayed by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
For all orders via our online shop, www.emesetoth.de , by consumers and entrepreneurs, the following terms and conditions apply between the company
Emese Beautique, Inh. Emese Toth, Forststrasse 26.
71364 Winnenden, (hereinafter: the user) and their customers.
Customers within the meaning of 1.1. are both consumers and
Entrepreneur.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
According to § 14 BGB, an entrepreneur is any natural or legal entity
Person or a partnership with legal capacity who, upon conclusion
of a legal transaction in the exercise of their independent professional
or commercial activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
The language (s) available for the conclusion of the contract: German
2. Registration, conclusion of contract
2.1. The purchase contract is concluded with Ms. Emese Toth Inh. Von Emese Beautique Studio & Akademie, Forststrasse 26. Winnenden 71364
2.2. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided in the order process and use the explained proofing tools. By clicking the order button, you place a binding order for the goods in the shopping cart. The confirmation of receipt of your order will be sent by email immediately after the order has been sent.
2.3. The customer undertakes to provide complete and truthful information during the booking process.
2.4. The contract only comes into force when the offer is accepted by Emese Toth (Emese Beautique).
2.5. When ordering / registering via the website emesebeautique.de, Emese Toth is not obliged to accept the offer, nor is she obliged to give reasons for non-acceptance.
When the contract with us is concluded depends on the payment method you have chosen:
Credit card
When you place the order, you enter your credit card details and the credit card company carries out an authorization check. After your legitimation as the legal cardholder, the payment transaction will be initiated automatically and your credit card will be charged when the order is placed. At the time the credit card is charged, the contract is concluded with us.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
Immediately by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you will confirm the payment instructions. This creates the contract with us.
Giropay
After placing the order, you will be redirected to the website of your bank, where you confirm the payment order to your bank. This creates the contract with us.
3. Withdrawal by the participant, substitute participant
3.1. A withdrawal from the contract (cancellation) can only be made by the person named in the contract as the contractual partner (or the person named when booking). This must be done in text form by post or email.
3.2. If he is unable to attend, the customer can provide a substitute to attend the training course at no additional cost. The participant's contractual obligations remain unaffected.
In the event of cancellation - without providing a replacement - up to 10 working days before the start of the seminar, the 50% deposit will be retained as a cancellation fee. If the rejection occurs - without a position
Replacement person - less than 10 working days before the start of the seminar, the entire seminar fee will be charged.
If you withdraw the day before the event or if you do not attend the event, we reserve the right to the full price. There is no right to withdraw from the contract if a voucher has already been redeemed.
The date of the postmark or the date of the email applies.
Participant contract for trainings / workshops
4. Copyright training material
The customer is not permitted to hold training courses on eyelash extensions or brow henna with the practices, content and documents learned at Emese Beautique. Without the written permission of the owner, it is not permitted to pass on or reproduce samples, drawings, graphics, drafts, plans or documents of a similar nature.
5. Terms of delivery
5.1. In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.
5.2. We only deliver by post. Unfortunately, a self collection of the product is not possible.
5.3. If the customer is in default of acceptance, he fails to cooperate
or delays the delivery of the user from other, from the customer to
Representative reasons, the user is entitled to replace the resulting
resulting damage including additional expenses (e.g. storage costs)
desire.
5.4. The customer assures that the delivery address provided is correct and
is complete. Should be sent due to the incomplete and
wrong address data incurs additional costs for the user, the
Customer to replace them.
6. Payment
The following payment methods are generally available in our shop:
Credit card
When you place your order, you enter your credit card details. After your legitimation as the legal cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
Immediately by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Giropay
After placing the order, you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
7. Retention of Title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
9. Transport damage
10.1. The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
10.2. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
10. Warranties and Guarantees
11.1. Unless otherwise expressly agreed below, the statutory right to liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
11.2. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
11.3. With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
11.4. If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty as well as malice
• In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• as far as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
11. Liability
We are always unrestrictedly liable for claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
Otherwise claims for damages are excluded.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
13. Final provisions
13.1. The law of the Federal Republic of Germany. The application of the UN
Sales law is excluded.
13.2. Is the customer a merchant, legal entity under public law or
special fund under public law, is the exclusive place of jurisdiction for everyone
Disputes arising from this contract are the registered office of the user.
13.3. All declarations by the user can be sent electronically to the
Customers are addressed. This also applies to billing within the framework of the
Contractual relationship.
14. Right of retention
The customer is only authorized to exercise a right of retention if his
Counterclaim is based on the same contractual relationship.
15. Delivery time, delay in delivery
15.1. Unless otherwise specified in individual cases, the user delivers the ordered
Goods within five working days at the latest, in the case of advance payment from the date of
Transfer made by you, in the case of PayPal, from the date of notification
via your payment through PayPal, in the case of cash on delivery from the date of the order.
15.2. If there is a delay in delivery, which is due to an intentional or grossly
negligent breach of duty for which the user is responsible, so
the user has unlimited liability. A fault of the representative or
The user's vicarious agents are assigned to this.
15.3. If there is a delay in delivery, which is simply negligent
Breach of duty, the liability of the user is foreseeable
and the damage that typically occurs is limited. Affects the user or
breach of duty for which his representatives or vicarious agents are responsible, however
Violation of an essential contractual obligation or an obligation the fulfillment of which the
makes proper execution of the contract possible in the first place and
The user is liable for compliance with which the customer can regularly rely
unlimited.
16. Prices and shipping costs
16.1. Understand all prices indicated on the user's website
including the applicable VAT.
16.2. Any customs duties, fees, taxes and other public charges are borne by the
Customer.
16.3. The corresponding shipping costs will be sent to the customer directly on
Product price stated on the order page and are to be borne by the customer.
16.4. The goods are dispatched by post by Deutsche Post DHL.
Shipping costs within Germany are € 6.99 per order up to one
Value of goods in the amount of € 149.99. From an order value of 150.00 €
the user delivers free of charge.
16.5. The respective shipping costs for deliveries abroad are the
The following link can be found: https://emesetoth.de/versand-versorgung/
§ 17 Revocation, Instructions on Revocation
17.1. If the customer is a consumer, he has the right to withdraw within fourteen days without
Giving reasons to revoke this contract.
The cancellation period is generally fourteen days from the day of
Conclusion of contract.
In the case of a purchase, the withdrawal period is fourteen days from the day on which you
or a third party named by you, who is not the carrier, takes the last goods in
Have or has taken possession; or in the case of a uniform order, the
was delivered separately from the day you or a designated by you
Third parties, who are not the carrier, have taken possession of the last goods or
Has; or in the case of a purchase in which the goods are delivered in several partial shipments or
Pieces will be delivered from the day on which you or a designated by you
Third party, who is not the carrier, the last partial shipment or the last piece
have received or has received.
To exercise your right of withdrawal, you must contact me, Emese Toth, Forststrasse 26. 71364 Winnenden, Inh. Emese Beautique, email: info@emesebeautique.de,
by means of a clear declaration (e.g. a letter sent by post or an e-
Mail) of your decision to withdraw from this contract.
You can use the sample withdrawal form attached to the delivery for this purpose
use which, however, is not mandatory in this form.
To meet the cancellation deadline, it is sufficient for you to send the notification about the
Submit exercise of the right of withdrawal before the withdrawal period has expired.
17.2. Consequences of withdrawal
If you withdraw from this contract, we will have you all the payments that we have received from
You received, including delivery charges (excluding the
additional costs that result from using a different type of
Have chosen delivery than the cheapest standard delivery offered by us),
to be repaid immediately and at the latest within fourteen days from the date
on which the notification of your revocation of this contract has been received by us.
For this repayment, we use the same means of payment that you used for
original transaction unless it was with you
expressly agreed otherwise; in no case will you be because of this
Repayment fees will be charged. We can withhold the repayment until we have
have received the goods back or until you have provided evidence,
that you returned the goods, whichever was earlier
Time is. You have the goods immediately and in any case no later than within
fourteen days from the day on which you inform us about the revocation of this contract
instruct, send back to us or hand over. The deadline is met if
You send the goods before the period of fourteen days has expired. You wear that
direct costs of returning the goods. You have to for any
Loss of value of the goods only arise if this loss of value is due to a
Examination of the condition, properties and functionality of the goods is not
necessary dealings with you.
.3 Exclusion or premature expiry of the revocation
Revocation instruction product purchase
Cancellation instruction training
The right of withdrawal does not apply to contracts:
for the delivery of goods that are not prefabricated and for their manufacture
an individual selection or determination by the consumer
is relevant, or which is clearly tailored to the personal needs of the
Consumer-tailored;for the delivery of goods that can spoil quickly or their
Expiration date would be exceeded quickly.
The right of withdrawal expires (prematurely)In the case of contracts for the delivery of sealed goods that are due to
Health protection or hygiene are not suitable for return,
if their seal has been removed after delivery;in the case of contracts for the delivery of goods, if this occurs after delivery
inseparably mixed with other goods due to their nature
were;in the case of a contract for the provision of services, if the
Service has been fully provided and with the execution of the
Service was only started after you gave your express permission to do so
Have given consent and at the same time confirmed your knowledge of it
that you have your right of withdrawal when the contract has been fully fulfilled
lose meContracts for the delivery of goods that are discounted or discounted
or can also be offered as a second choice.For hygienic reasons, tools and tools cannot be exchanged.
Exceptionally, there is no right of withdrawal if the customer has
Conclusion of the contract in the exercise of its commercial or self-employed
professional activity (in this case the customer is not a consumer).
End of revocation
18. Force Majeure
In the event of force majeure events that affect the performance of the contract, the seller is entitled to postpone delivery for the duration of the hindrance and, in the event of long-term delays, to withdraw in whole or in part, without any claims against the seller being derived from this. All unforeseeable events for the seller or events that - even if they were foreseeable - are outside the seller's sphere of influence and whose effects on the fulfillment of the contract cannot be prevented by reasonable efforts on the part of the seller are considered force majeure. Any statutory claims of the customer remain unaffected.
19. Privacy and data protection
The data collected about customers are used exclusively to process the training contract. Any customer data is stored and processed by us in compliance with the Federal Data Protection Act (BDSG) and the Teleservice Data Protection Act (TDDSG).
The customer has the right to request information, correction, blocking and deletion of your data at any time.
Further information on data protection can be found here: Data protection