GENERAL TERMS AND CONDITIONS OF BUSINESS
General terms and conditions and customer information
- General terms and conditions of business
- 1 Basic provisions
(1) The following general terms and conditions apply to contracts that you conclude with us as a provider (BNA Blackline) via the website www.bna-blackline.com . Unless otherwise agreed, the inclusion of any of your own terms and conditions is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
- 2 Conclusion of the contract for goods, services and digital content
(1) The subject of the contract is the sale of goods including download products (digital content that is not delivered on a physical data carrier).
(2) When the respective product is posted on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods or services intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you in an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) 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 selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after being redirected to our online shop.
Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "Back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("order with obligation to pay" or similar), you declare your legally binding acceptance of the offer, which means that the contract is concluded.
(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the email address you provide to us is correct and that the receipt of emails is technically ensured, in particular that it is not prevented by SPAM filters.
(6) By purchasing the story stickers you agree to the terms of use. You also agree that your order will be processed immediately and you will therefore lose your legal right to cancel.
(7) If an external service, such as nail design, is ordered via the BNA-Blackline website, BNA-Blackline only acts as an agent for this service. BNA-Blackline is expressly not liable for claims for damages by the service provider if the customer does not cancel the appointment on time. BNA-Blackline forwards the customer request to the service provider. Payment is usually made in cash on site.
- 3 Conclusion of the contract for courses
(1) The subject of the contract is the implementation of courses. As soon as the respective course offering is posted on our website, we will make you a binding offer to conclude a contract using the online shopping cart system under the conditions stated in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows: The courses intended for booking are placed in the “shopping cart”. You can access the “shopping cart” using the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data and payment terms, the order details will be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) 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 selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after being redirected to our online shop. Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "Back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button, you declare your legally binding acceptance of the offer, which means that the contract is concluded.
(3) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the email address you provide to us is correct and that the receipt of emails is technically ensured, in particular that it is not prevented by SPAM filters.
(5) By clicking on “Buy” you accept the terms of use. You also agree that your order will be processed immediately and you will therefore lose your legal right to cancel.
- 4 Usage license for download products
(1) The download products we offer are protected by copyright. You will receive a simple usage license with every download product you purchase from us, unless otherwise stated in the respective offer.
(2) The simple use license includes the right to save and/or print a copy of the download product on your computer or other electronic device for your personal use. Any further reproduction is prohibited. You are expressly prohibited from changing or editing a file or parts of it and from making it available to third parties privately or commercially in any way.
- 5 Usage license for digital course content for streaming
(1) The digital course content we offer is protected by copyright. By providing the digital content for streaming, you receive the usage license described in paragraphs 2 and 3, unless otherwise stated in the respective offer.
(2) You will receive access to the digital content exclusively in the form of streaming and only for your personal, non-commercial use and only within the framework specified and permitted by the normal technical functionality of the service. Streaming means the digital transmission of content over the Internet to an Internet-enabled device operated by the user in such a way that the data is intended for viewing in real time, but not for (permanent or temporary) downloading, copying, storage or further distribution by the user are.
(3) After the digital content has been made available for streaming, the usage license is valid for a period of 3 months, unless another period of validity - possibly also referred to as "term" (or similar) - is specified in the respective offer. Within this license period, the user is entitled to an unlimited number of repetitions.
- 6 Provision of services
(1) If services are the subject of the contract, we owe the individual services resulting from the service description of the respective offer. We will provide this ourselves or through third parties to the best of our knowledge and belief.
(2) You are obliged to cooperate if further information has to be provided to us in order to provide the service or a specific act of cooperation is required on your part.
(3) The service will be provided on the agreed dates or within the agreed deadlines (if an advance payment has been agreed, however, only from the time of your payment instruction).
(4) If you make use of your right of withdrawal in accordance with Section 648 Sentence 1 of the German Civil Code (BGB), we can demand 10% of the agreed remuneration as flat-rate compensation if execution has not yet begun. However, if there is a statutory right of cancellation, this only applies if you only exercise your right of cancellation after the cancellation period has expired. You have the right to prove that we incurred no costs or significantly lower costs.
- 7 Service provision for courses
(1) The courses will be carried out in the form described in the respective offer on the agreed dates.
(2) If the implementation of the courses depends on the number of participants, the minimum number of participants is determined by the respective offer.
If the minimum number of participants is not reached, we will inform you of this in text form (e.g. by email) at least 7 days before the start of the course. about the non-implementation of the booked course. In this case, services already provided will be reimbursed immediately.
(3) If an individual event is canceled due to a short-term absence of the course leader due to illness or for another important reason, services already provided will be refunded immediately.
For events that consist of several event dates, if one date is canceled due to short-term illness of the course instructor or for another important reason, the canceled date will be made up on an alternative date.
(4) In connection with the use of the course rooms and objects, you must observe the locally posted house rules. You must follow our instructions or the instructions of the course instructor.
- 8 substitute participants
You can name a replacement participant at any time before the start of the course. You will not incur any costs for this rebooking.
- 9 Special agreements regarding payment options offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from the dispatch of the goods/ticket or, for other services, from the provision of the service. The complete billing conditions for the countries where this payment method is available can be found here: Germany, Austria.
- Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments according to the conditions specified at checkout. The installment payment is due at the end of the month after Klarna has sent you a monthly invoice.
Further information on installment purchase including the General Terms and Conditions and the European Standard Information on Consumer Credit for the countries where this payment method is offered can be found here (only available in the specified countries): Germany, Austria.- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you place your order.
- Direct debit: The debit takes place after the goods have been dispatched. The time will be communicated to you by email.
- Credit card (Visa/Mastercard): possible in Germany and Austria. The debit takes place after the goods or tickets have been dispatched / the availability of the service or, in the case of a subscription, at the communicated times.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we transmit your data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and creditworthiness checks. Please understand that we can only offer you the payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with applicable data protection regulations and as stated in Klarna's data protection regulations.
Further information about Klarna can be found here. You can find the Klarna app here.
- 10 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
- a) We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. Before ownership of the reserved goods is transferred, pledging or transfer of title as security is not permitted.
- b) You are entitled to resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale; We accept the assignment. You are still authorized to collect this claim. However, we reserve the right to collect the claim ourselves if you do not properly meet your payment obligations.
- c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
- 11 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the transport company as quickly as possible. If you do not comply with this obligation, this will have no impact on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, in deviation from the above warranty regulations
- a) Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.
- b) We will, at our discretion, provide warranty for defects in the goods through repair or subsequent delivery. If supplementary performance fails, you can, at your discretion, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). The repair is deemed to have failed with the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise.
If the defect is remedied, we are not obliged to bear the increased expenses that arise as a result of the goods being moved to a location other than the place of performance after delivery, unless the delivery corresponds to their intended use.
- c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply
- in the case of damages attributable to us that are culpably caused by injury to life, body or health and in the case of other damages caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for an item that has been used for a building in accordance with its normal use and has caused its defects;
- for legal recourse claims to which you are entitled in connection with claims for defects against us.
- 12 Choice of Law
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II Customer information
- Identity of the seller
BNA Blackline
Nicole Brandt
Heidkamp 54
27404 Zeven
Germany
Telephone: 04281-1528
Email: info@Beauty-Nails-Akademie.de
Company complaint office:
Please send complaints via email to info@Beauty-Nails-Akademie.de
Out-of-court dispute resolution:
The European Commission offers a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
- Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are based on the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3 Contract language, storage of the contract text
3.1 The contract language is German.
3.2 We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, 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 offer requests outside of 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 result from the respective offer.
- Prices and payment terms
5.1 The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly marked button on our website or in the respective offer, are shown separately as part of the ordering process and are to be borne by you additionally, unless delivery free of charge has been guaranteed.
5.3 For deliveries to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer costs (transfer or exchange charges from credit institutions), which you must bear.
5.4 Any costs incurred for the money transfer (transfer or exchange fees from credit institutions) must be borne by you if the delivery is made to a member state of the European Union but the payment is made outside the European Union.
5.5 The payment methods available to you are listed on our website or in the respective offer under a correspondingly labeled button.
5.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.7. Unless otherwise agreed, payment for course bookings must be made on site at the latest on the day before the course begins, otherwise there is no entitlement to participation.
6 Delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2 If you are a consumer, the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your risk.
7 Legal liability for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were drawn up by the dealers' association's lawyers who specialize in IT law and are continually checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/dienste/rechtssicherheit/agb-service.
As of: July 15, 2023