General Terms and Conditions of the online shop Beau Shop
§ 1 Scope and customer categories
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between the customer and Beau Academy GmbH, Managing Directors: Nina Smids and Jeremy Smids, Volkartstrasse 24, 80634 Munich, (hereinafter: "Beau Shop").
(2) All deliveries, services, and offers of Beau Academy GmbH are made exclusively on the basis of these General Terms and Conditions. These Terms and Conditions form an integral part of all contracts concluded by Beau Academy GmbH with its contractual partners (hereinafter also referred to as the "Customer") regarding the deliveries or services offered by it. They also apply to all future deliveries, services, or offers to the Customer, even if they are not separately agreed upon again.
(3) Terms and conditions of the customer or third parties do not apply, even if Beau Academy GmbH does not specifically object to their validity in individual cases. Even if Beau Academy GmbH refers to a letter or email that contains or refers to terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.
(4) The following definitions apply to the application of these Terms and Conditions and the categorisation of customers:
(a) "Consumer" refers to customers whose orders and services cannot be predominantly attributed to their commercial or independent professional activity, as defined in Section 13 of the German Civil Code (BGB).
(b) "Entrepreneur" includes any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity, in accordance with Section 14 of the German Civil Code (BGB).
§ 2 Conclusion of contract
(1) The presentation of the products in our online shop does not constitute a legally binding offer, but a non-binding invitation to order.
(2) By clicking the "Buy" button, you place a binding order for the goods in your shopping cart. Confirmation of receipt of your order, along with acceptance of the order, will be sent by automated email immediately after submission. This email confirmation constitutes the conclusion of the contract.
§ 3 Prices and payment conditions
(1) The prices stated on the website include statutory VAT, unless otherwise stated.
(2) Payment for the goods shall be made using the payment methods specified during the ordering process. We reserve the right to exclude certain payment methods.
§ 4 Delivery and shipping
(1) Delivery shall be made to the delivery address specified by the customer.
(2) The standard delivery time is 4-6 working days, unless a different delivery time is specified in the online shop or an individual agreement has been made. The delivery period begins at the time of conclusion of the contract.
(3) In the event of unavailability of the ordered goods at the time of ordering, we will notify the customer immediately. Should the unavailability be permanent, we reserve the right to reject the customer's contract offer, which will result in no binding contract being concluded. In the event of temporary unavailability, we will also notify the customer immediately.
(4) We reserve the right to make partial deliveries, provided this is advantageous for prompt and efficient processing and is not unreasonable for the customer. The customer will not be charged for any resulting additional costs.
(5) Deliveries are generally made at the customer's expense, unless otherwise agreed. Shipping costs are specified during the ordering process. In the event of a cancellation, the customer is responsible for the direct costs of returning the goods.
§ 5 Retention of title
The delivered goods remain the property of the provider (Beau Shop) until the purchase price has been paid in full. During this period of retention of title, the customer is prohibited from reselling the goods or contractually granting third parties use of the goods.
The provider is liable for material defects in accordance with the relevant statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The customer is obligated to inspect the delivered goods for any defects immediately upon receipt and to notify us in writing within seven (7) days of receipt. In the event of a product that is already defective at the time of delivery, a replacement free of defects will be delivered at the customer's discretion and at the provider's expense. However, it should be noted that no warranty claim exists if the product met the agreed quality at the time of transfer of risk. A warranty claim does not exist in the following situations:
(1) Damage caused by misuse or improper use by the customer,
(2) Damage resulting from harmful external influences on the product to which the customer has exposed the product (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
§ 7 Additional Guarantee
(1) An additional guarantee for the goods delivered by the provider only exists if this has been expressly stated in the order confirmation for the respective item.
§ 8 Right of withdrawal, consumer status, exclusion of the right of withdrawal
(1) If the customer acts as a consumer within the meaning of the law, he or she shall have a right of withdrawal in accordance with the applicable statutory provisions.
(2) However, if the customer acts as an entrepreneur, he is not granted a voluntary right of withdrawal.
(3) The right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
(4) As a consumer, you have the right to withdraw from the contract within fourteen (14) days without giving any reason by making a clear declaration to Beau Shop. The withdrawal period begins as soon as you or a third party designated by you, who is not the carrier, has received the goods. In the case of multiple goods in a single order, the withdrawal period begins upon receipt of the last goods. In the case of multiple partial shipments or items, the withdrawal period begins upon receipt of the last partial shipment or the last item. If the regular delivery of goods is intended for a fixed period of time, the withdrawal period begins upon receipt of the first goods.
(5) This model withdrawal form may be used for the withdrawal , but is not mandatory.
Sample cancellation form:
I/we (*) hereby revoke 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 the consumer(s)_____________________________________
Signature of the consumer(s) (only if notification is made on paper)_________
Date___________________
(6) To comply with the cancellation period, it is sufficient to send the cancellation notice before the expiry of the cancellation period. The cancellation notice must be sent to:
Beau Academy GmbH
Volkartstrasse 24
80634 Munich
Phone: +49 176/ 20 241 133
Email: support@beau-academy.de
(7) Consequences of revocation:
(a)Refund upon cancellation
If you cancel this contract, we are obliged to refund all payments we have received from you, with the exception of delivery costs, promptly and at the latest within fourteen (14) days from the day on which we received notification of your cancellation of this contract. The refund will be made using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. We reserve the right to refuse repayment until the goods are returned to us or until you have provided proof that you have returned the goods, whichever is earlier.
(b) Return obligation and costs
You are obligated to return or hand over the goods to us promptly and in any event no later than fourteen (14) days from the date on which you notified us of the cancellation of this contract. Compliance with this deadline is ensured if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You are only liable for any loss of value of the goods if this is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
(c) Condition of the returned goods
Avoid damaging or contaminating the goods. Return the goods to us in their original packaging, including all accessories and packaging components. If necessary, use protective outer packaging.
§ 9 Liability
(1) Beau Academy GmbH shall only be liable for damages – regardless of the legal basis – in the event of intent or gross negligence.
In case of simple negligence, Beau Academy GmbH is only liable
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for foreseeable, typically occurring damage.
(2) Within the limits set forth in paragraph 1, Beau Academy GmbH is not liable for data and program losses. Liability for data loss is limited to the typical recovery costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved. Liability under the Product Liability Act remains unaffected, as does liability for the assumption of a guarantee.
§ 10 Data protection and data security
(1) The customer assures that when passing on personal data to Beau Academy GmbH, the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) will be complied with.
(2) If Beau Academy GmbH is to process data on behalf of the customer (contract processing), a separate agreement (in writing) will be concluded between the parties for this purpose, which will be remunerated separately.
§ 11 Final provisions
(1) Deviations from these Terms and Conditions are only valid if agreed in writing. Individual agreements made with the customer in individual cases, including ancillary agreements, additions, and amendments, always take precedence over these Terms and Conditions. A written contract or written confirmation from Beau Academy GmbH is decisive for the content of such agreements.
(2) The laws of the Federal Republic of Germany apply exclusively. The place of performance is the registered office of Beau Academy GmbH. The exclusive commercial place of jurisdiction for disputes arising from the business relationship between Beau Academy GmbH and the customer is the registered office of Beau Academy GmbH (currently Munich).
§ 11 Alternative dispute resolution
(1) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
(2) The seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Terms and Conditions as of: 19.01.2023 © Reproduction prohibited
Terms and Conditions for Training
General terms and conditions of Beau Academy GmbH , Managing Directors: Nina Gyasi and Jeremy Smids, Volkartstrasse 24, 80634 Munich, (hereinafter: “Beau Academy GmbH”) for entrepreneurs.
§ 1 Scope of application
(1) All deliveries, services, and offers of Beau Academy GmbH are made exclusively on the basis of these General Terms and Conditions. These Terms and Conditions form an integral part of all contracts concluded by Beau Academy GmbH with its contractual partners (hereinafter also referred to as the "Customer") regarding the deliveries or services offered by it. They also apply to all future deliveries, services, or offers to the Customer, even if they are not separately agreed upon again.
(2) Terms and conditions of the customer or third parties do not apply, even if Beau Academy GmbH does not specifically object to their validity in individual cases. Even if Beau Academy GmbH refers to a letter or email that contains or refers to terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.
§ 2 Services of Beau Academy GmbH / Customer Cooperation
(1) Beau Academy GmbH offers its customers coaching and consulting services in the field of microblading and permanent makeup. Unless expressly agreed otherwise in writing, Beau Academy GmbH is not obligated to provide the customer with a specific result.
(2) The customer must always provide the required cooperation completely and on time upon first request. If the customer fails to cooperate and thereby prevents Beau Academy GmbH from providing the service, Beau Academy GmbH's right to compensation remains unaffected.
(3) With regard to the services to be provided by Beau Academy GmbH to the customer, Beau Academy GmbH is entitled to determine the performance of the services in accordance with Section 315 of the German Civil Code (BGB). When providing consulting services under the main contract, Beau Academy GmbH is generally free to determine the time and place. However, Beau Academy GmbH will take the customer's business needs into account to the best of its ability if the service is not provided online.
(4) Beau Academy GmbH is entitled to have services owed to the customer performed by vicarious agents/subcontractors and third parties. Customer approval is not required in this regard.
(5) The customer must ensure that the technical requirements necessary for Beau Academy GmbH to provide its consulting services are always met. Should the customer fail to comply with these requirements, Beau Academy GmbH's right to remuneration remains unaffected.
§ 3 Conclusion of contracts
(1) The contract between Beau Academy GmbH and the customer can be concluded by telephone, in writing or in text form.
(2) In the case of an oral contract conclusion, the customer will receive an order confirmation from Beau Academy GmbH upon request, which, however, is not constitutive for the conclusion of the contract.
§ 4 Payments, prices, conditions
(1) The prices stated and communicated by Beau Academy GmbH are binding. The communicated prices are net prices plus statutory sales tax.
(2) Payment for Beau Academy GmbH's services is due immediately upon receipt of the invoice. Payment for Beau Academy GmbH's services is generally due upon conclusion of the contract, unless Beau Academy GmbH's offer states otherwise. A (SEPA) direct debit authorization granted to Beau Academy GmbH is valid for the future business relationship until revoked.
(3) If SEPA direct debit is agreed upon, the customer must provide Beau Academy GmbH with a written SEPA direct debit mandate after conclusion of the contract. The template attached to these General Terms and Conditions must be used for this purpose.
(4 Beau Academy GmbH will issue the customer with a proper invoice showing VAT (if necessary through vicarious agents).
(5) In the event that agreed direct debits cannot be collected from the customer's account and a chargeback occurs, the customer is obliged to transfer the amount owed to Beau Academy GmbH within three working days of the chargeback and to bear the costs incurred by the chargeback.
(6) Offsetting against counterclaims is only permissible if the other contracting party has acknowledged the offsetting or if it has been legally established. The same applies to the exercise of a right of retention by one contracting party.
§ 5 Termination, Term
(1) The contract shall have the minimum term individually agreed between the parties.
(2) Any free rights of termination of the customer are excluded.
(3) Terminations must be in writing to be effective.
(4) The right to extraordinary termination remains unaffected.
§ 6 Default / extraordinary termination
(1) Deadlines for the provision of services by Beau Academy GmbH do not begin until the invoice amount has been received by Beau Academy GmbH.
(2) If the customer is in arrears with payments due, Beau Academy GmbH reserves the right not to perform further services until the outstanding amount has been settled.
(3) If the customer defaults on at least two payments due to Beau Academy GmbH in the case of installment payments, Beau Academy GmbH is entitled to terminate the contract with immediate effect and discontinue services. Beau Academy GmbH will claim the entire fee due until the next regular termination date as compensation.
§ 7 Fulfillment
(1) Beau Academy GmbH will perform the agreed services in accordance with the offer with the necessary care. Beau Academy GmbH is entitled to use the assistance of third parties without restriction.
(2) If Beau Academy GmbH is prevented from providing the agreed services and the reasons for the hindrance arise from the customer’s sphere of influence, Beau Academy GmbH’s right to remuneration remains unaffected.
§ 8 Behavior and Consideration
(1) The customer must ensure the customary conduct of an honest businessman towards Beau Academy GmbH. We reserve the right to pursue any unlawful and/or inappropriate or unfounded statements about our company and our services, whether made by customers, competitors, or other third parties, in particular false statements of fact and defamatory criticism, under civil law and, in addition, to file criminal charges without prior notice.
(2) When participating in our programs and services, the customer must promote the smooth continuation of these content and ensure this through commercially appropriate conduct towards us and the other participants. However, if the customer impairs the operation of our programs and services through inappropriate behavior, we will request the customer once to stop the disruption. In the event of a repeat offense, we are then entitled to temporarily or permanently exclude the customer from our programs and services. Our right to compensation in these cases remains unaffected.
§ 9 Right of withdrawal
We only enter into contracts with entrepreneurs and self-employed people (or those who want to become self-employed) within the meaning of Section 14 of the German Civil Code (BGB). Entrepreneurs and self-employed persons are not entitled to a right of withdrawal in distance selling. Beau Academy GmbH does not grant such a right on a contractual basis either.
§ 10 Rights of Use
(1) The customer receives a simple and permanent right of use with regard to the work and service results created and made available by Beau Academy GmbH.
(2) Paragraph 1 shall apply exclusively subject to the proviso that the customer has paid in full the remuneration due to Beau Academy GmbH under the main contract.
(3) If payment by instalments has been agreed, the right of use referred to in paragraph 1 shall, unless otherwise agreed individually, only pass to Beau Academy GmbH upon full payment of the last instalment.
(4) The transfer of work and performance results to third parties (including affiliated companies) is excluded. The same applies to adaptations pursuant to Section 23 of the Copyright Act.
§ 11 Liability
(1) Beau Academy GmbH shall only be liable for damages – regardless of the legal basis – in the event of intent or gross negligence.
In case of simple negligence, Beau Academy GmbH is only liable
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for foreseeable, typically occurring damage.
(2) Within the limits set forth in paragraph 1, Beau Academy GmbH is not liable for data and program losses. Liability for data loss is limited to the typical recovery costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved. Liability under the Product Liability Act remains unaffected, as does liability for the assumption of a guarantee.
§ 12 Data protection and data security
(1) The customer assures that when passing on personal data to Beau Academy GmbH, the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) will be complied with.
(2) If Beau Academy GmbH is to process data on behalf of the customer (contract processing), a separate agreement (in writing) will be concluded between the parties for this purpose, which will be remunerated separately.
§ 13 Final provisions
(1) Deviations from these Terms and Conditions are only valid if agreed in writing. Individual agreements made with the customer in individual cases, including ancillary agreements, additions, and amendments, always take precedence over these Terms and Conditions. A written contract or written confirmation from Beau Academy GmbH is decisive for the content of such agreements.
(2) The laws of the Federal Republic of Germany apply exclusively. The place of performance is the registered office of Beau Academy GmbH. The exclusive commercial place of jurisdiction for disputes arising from the business relationship between Beau Academy GmbH and the customer is the registered office of Beau Academy GmbH (currently Munich).
Terms and Conditions as of: 01.01.2024 © Reproduction prohibited
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