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(The following terms and conditions also contain legal information about your rights according to the regulations for contracts in distance selling and electronic commerce).
1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. reservation of proprietary rights
8. warranty of quality and guarantee
9. liability
10. storage of the contract text
11. data protection
12. place of jurisdiction, applicable law, contract language
1. scope of application
1.1 For the business relationship between Das Cupcake, owner: Ewa Feix, Am tiefen Graben 53, 65529 Waldems (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 9:00 AM to 6:00 PM under the telephone number +49(0)61265841136 and by e-mail at info@dasupcake.de.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise noted with the products. Apart from that, errors are excepted.
3. order process and conclusion of contract
3.1 The Customer may select products from the Seller's range without obligation and collect them in a so-called shopping cart by clicking the button [add to cart]. Subsequently, the Customer can proceed to the conclusion of the order process within the shopping cart via the button [Continue to checkout].
3.2 By clicking the Buy button, the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary data are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation, the Seller shall withdraw from the contract with the consequence that the order shall be invalid and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory sales tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.
5 Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to partial deliveries at his own expense, as far as this is reasonable for the customer.
5.3 If the delivery of the goods fails due to the fault of the Buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.4 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will immediately inform the customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately refund to the customer any consideration already paid.
5.5 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.6 The Cupcake only delivers to customers in the Rhine-Main area without separate arrangements.
6. payment modalities
6.1 The customer can choose from the available payment methods within the framework and before completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 14 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the legal default interest.
6.5 The Customer's obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
6.6 The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. retention of title
Until full payment, the delivered goods remain the property of the seller.
8. warranty of quality and guarantee
8.1 The warranty is determined by statutory provisions.
8.1 A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the warranty conditions before initiating the order process.
9. liability
9.1 The following exclusions and limitations of liability apply to the Seller's liability for damages, without prejudice to the other statutory conditions for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. storage of the contract text
10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it available on the Internet.
11. data protection
11.1 The seller processes personal data of the customer for a specific purpose and in accordance with the statutory provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
11.3 The customer has the right to receive, upon request and free of charge, information about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided that there is no legal obligation to retain data.
11.4 Further information about the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
12 Place of Jurisdiction, Applicable Law, Contractual Language
12.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 The language of the contract shall be German.
Status 1.12.2019
1. validity
Via the website www.ewafeixakademie.de of Ewa Feix Akadmie, Am tiefen Graben 53, 65529 Waldems (hereinafter referred to as: EFA), consumers (hereinafter collectively referred to as: customers) can book events (or purchase tickets for events) and purchase vouchers for events. Furthermore, Customers can purchase goods at events and via the online store at www.ewafeixakademie.de. For all contracts between EFA and the Customer, the following General Terms and Conditions (GTC) shall apply exclusively. Deviating GTC of the customer shall not be recognized by EFA, unless EFA has expressly agreed to their validity. For the planning and organization of events on behalf of business customers, the following General Terms and Conditions of EFA for Event Organization shall apply in deviation.
2 Services and products
2.1 The events offered by EFA are usually carried out by employees of EFA or business partners. However, the contractual partner of the customer is exclusively EFA. The customer can purchase tickets and vouchers at www.ewafeixakademie.de.
2.2 A ticket entitles the holder of the ticket to participate in the specifically booked event on the date selected at the time of purchase. The rebooking to another event or another date is only possible under the conditions stated below in section 11.
2.3 A voucher is a voucher with a nominal value in euros. The holder is entitled to use the voucher to purchase tickets via www.ewafeixakademie.de as a means of payment.
2.4 At individual events as well as in the online store at www.ewafeixakademie.de, goods are also offered for sale. EFA is also in the sale of such goods always the contractual partner of the customer.
3 Conclusion of contract, storage of the contract text
3.1 For orders via www.ewafeixakademie.de no registration is required. The customer shall truthfully provide the information marked as required during the order process. The provision of information that is not required is voluntary.
3.2 The following applies to orders in the online store at www.ewafeixakademie.de: The presentation of the events and goods does not constitute a legally binding offer within the meaning of § 145 BGB, but a non-binding online catalog.
After entering his personal data in the order process and by clicking the order button in the final step of the order process, the customer places a binding order for the selected goods, tickets and/or vouchers. For this purpose, the customer is shown a confirmation window with the details of your order before the order process is completed. In this window, the customer can review and correct his entries. Immediately after sending his order, the customer will receive an e-mail confirming receipt of his order (order confirmation). However, this does not yet represent an acceptance of the order offer, but merely serves to inform the customer that the order has been received by EFA.
The contract shall only be concluded if EFA confirms the customer's order by sending another e-mail with the invoice (contract confirmation). EFA shall be entitled to accept the order of the customer within two working days.
3.3 In deviation from clause 3.2, the contract shall already be concluded beforehand in the following cases:
If the customer has selected credit card payment as the method of payment, the contract shall be concluded at the time of the credit card charge upon completion of the order.
If the customer has chosen PayPal or PayPal Express as the method of payment, the contract shall be concluded at the time of confirmation of the customer's payment instruction to PayPal.
3.4 When ordering via www.ewafeixakademie.de, the order with the order data entered by the customer shall be stored by EFA and can be requested from EFA. The order data will also be transmitted to the e-mail address provided by the customer as part of the order confirmation.
4. participation requirements for events
4.1 The participation in certain events requires certain personal qualifications (e.g. age or state of health). The customer can find these requirements in the respective event description. The customer is responsible for ensuring that he, or other participants for whom he purchases a ticket or transfers it to them, meet the respective requirements.
4.2 Persons who do not meet the respective participation requirements are excluded from participation in the event. A refund of the purchase price due to non-fulfillment by EFA is excluded in this case.
4.3 For individual events, participation is tied to a certain minimum or maximum number of participants. If the required minimum number of participants for an event is not reached, EFA shall be entitled to cancel the event no later than five days before the event date. Customers who had purchased tickets for the event may, at their discretion, either rebook for another date free of charge, request a voucher to the value of the booked event or request a refund of the purchase price paid. If the maximum number of participants for an event is exceeded, EFA is entitled not to accept a booking.
5 Redemption of vouchers
5.1 Unless otherwise agreed, vouchers can be redeemed within the statutory limitation period of three years (validity period). This period begins at the end of the year in which the voucher was purchased.
5.2 If the price of the event to be booked (tickets) exceeds the credit balance of the voucher, the customer must pay the difference during the ordering process. If the credit of the voucher exceeds the price of the event (tickets) to be booked, the difference remains as remaining credit on the voucher.
6. rights of the customer when purchasing vouchers
Vouchers are freely transferable and can be redeemed by the respective holder. Commercial resale is prohibited.
7. delivery and shipping costs
7.1 Tickets or vouchers are delivered either by e-mail as a PDF file or by post (gift letter) to the delivery address specified by the customer. The delivery of goods is carried out by DHL or another forwarding service provider.
7.2 Delivery by e-mail is free of shipping costs. In case of delivery by mail, DHL or another forwarding service provider, EFA shall charge shipping costs.
7.3 Delivery shall be made within the respective delivery time indicated. If the customer selects prepayment as payment method, the delivery time shall be calculated from the time of receipt of the payment by EFA.
8 Prices and payment
8.1 The prices stated at www.ewafeixakademie.de shall be understood as total prices including the respectively applicable statutory value added tax and, if applicable, plus shipping costs in the case of postal dispatch.
8.2 For payment, the customer may use the payment methods specified in our offer.
8.3 In the case of purchase on account, payment shall become due upon conclusion of the contract and receipt of the invoice/invoice statement. If the customer does not pay within 30 days of the due date, the customer shall automatically be in default of payment; this shall only apply to consumers if a corresponding note is included in the respective invoice.
9. retention of title, right of withdrawal in case of non-payment
9.1 Goods, tickets and vouchers shall remain the property of EFA until full payment.
9.2 The following shall apply to tickets or vouchers: If no payment is received within the respective payment period, EFA shall be entitled to cancel or block the respective tickets or vouchers without this requiring a special deadline or reminder by EFA. Any further rights of EFA shall remain unaffected.
10. legal right of revocation for goods and vouchers
Consumers (any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, § 13 BGB) shall be entitled to a statutory right of revocation in accordance with the following revocation instructions.
RIGHT OF CANCELLATION
You have the right to revoke this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.To exercise your right of revocation, you must inform us (Ewa Feix Akademie, Am tiefen Graben 53, 65529 Waldems, Tel: +49 6126 5841136; Email: order@ewafeixakademie.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation:If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.You shall only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,
contracts for the provision of non-residential accommodation services, carriage of goods, motor vehicle hire, supply of food and drink, and for the provision of other services related to leisure activities, if the contract provides for a specific date or period for the provision.
To exercise your right of withdrawal, you may use the model withdrawal form below.
SAMPLE CANCELLATION FORM
(If you wish to revoke the contract, please complete and return this form).
To:
Ewa Feix Academy,
Am tiefen Graben 53,
65529 Waldems,
Tel: +49 6126 5841136
Email: order@ewafeixakademie.de
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 consumer(s):
__________________
__________________
__________________
Signature of the consumer(s) (only in case of notification on paper)
__________________
Date
_______________
(*) Delete where inapplicable.
To enable the fastest possible processing of the return, the customer is asked to observe the following instructions:
Goods should be packed in the original packaging if possible and protected from damage.
The return should not be sent to the business address EFA.
Compliance with the aforementioned instructions has no effect on the effective exercise of the right of withdrawal and serves only the rapid processing of the return by EFA.
11 Rebooking or cancellation of tickets by the customer
11.1 The customer shall be entitled to cancel or rebook an already booked event (ticket) no later than 21 days before the booked date of the event. Cancellation or rebooking requests are to be sent to the Ewa Feix Akademie customer service at.
Phone: +49 6126 5841136 or e-mail: order@ewafeixakademie.de.
11.2 In case of a cancellation, the customer will receive a voucher in the amount of the value of the respective event, which can be redeemed at a later date.
11.3 In the event of a rebooking, the customer shall select another available event or another available event date together with EFA. The customer shall then receive a ticket for the new event, the old ticket shall be blocked.
12. change of service, rebooking or cancellation by EFA, cancellation
12.1 EFA shall be entitled to make changes to the content of booked events, provided that the changes are not substantial, are necessary and do not significantly affect the overall content of the event.
12.2 In the event of a significant change in performance of essential content of the booked event, the customer shall be entitled to withdraw from the contract with EFA or to rebook for another event free of charge. In the event of price differences between the events, the respective difference shall be refunded or shall be compensated by the customer.
12.3 EFA shall be entitled to cancel an event at short notice due to illness, bad weather or other cases of force majeure. In this case, the customer shall be informed immediately and shall be entitled to rebook to another event free of charge, to demand a voucher for the value of the respective event or the refund of the paid course fee.
13 Cancellation for good cause for events
EFA is entitled to withdraw from the contract with the customer for good cause until the booked event has been carried out. An important reason exists, for example, if the partner entrusted with the execution of the event no longer cooperates with EFA or has ceased its business operations or if the execution of the event is impossible due to force majeure.
14. notice of defects and remedy
If the event service is not provided free of defects, the participant may demand remedy. In this respect, the participant is obligated to immediately send his notice of defects to the organizer on site, so that remedial action can be taken. If the notice of defects is culpably not made to the organizer, this may result in the participant not being able to assert any claims (reduction, damages) against EFA for these defects.
15. reservation of self-delivery when ordering goods
If ordered goods are not deliverable because EFA, through no fault of its own, is not supplied by its supplier despite its contractual obligation, EFA shall be entitled to withdraw from the contract with the customer. In this case, EFA shall immediately inform the customer that the ordered goods are no longer available and shall immediately reimburse any services already rendered.
16 Warranty
In the event of any warranty claims due to material defects and/or defects of title, the statutory provisions shall apply.
17 Liability
17.1 EFA shall be liable for intent and gross negligence. Furthermore, EFA shall be liable for the negligent breach of obligations, the fulfillment of which enables the proper performance of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which the customer regularly relies. In the latter case, however, EFA shall only be liable for the foreseeable damage typical for the contract. EFA shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
17.2 The above exclusions of liability shall not apply in the event of injury to life, body and health. Liability under the Product Liability Act shall remain unaffected.
17.3 The above provisions shall also apply in favor of the partners of EFA.
18 Online Dispute Resolution pursuant to Art. 14 para. 1 ODR Regulation
The European Commission provides a platform for online dispute resolution (OS). This can be accessed at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. We do not participate in dispute resolution proceedings.
19. miscellaneous
19.1 The contractual language is German.
19.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The following shall apply vis-à-vis consumers: Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
19.3 The following shall apply vis-à-vis merchants or legal entities under public law: The place of jurisdiction shall be the registered office of EFA in Idstein. EFA shall be entitled, but not obliged, to take legal action at the registered office of the customer.
19.4 Should individual provisions of these GTC be invalid or contradict the statutory provisions, this shall not affect the rest of the contract. The ineffective provision shall be replaced by the parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.
Status: 01.01.2019