Scope
These general terms and conditions (here after "TAC") of the SNI (here after "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (here after "customer") via our online shop www.signature-nail.de or www.signature-nail.com (here after "online shop") concludes with us as the seller with regard to the goods presented by us in our online shop. Unless expressly agreed otherwise, the customer's own terms and conditions do not apply, even if we do not separately contradict their validity in individual cases. A consumer in the sense of these general terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions 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.
§ 1 Conclusion of contract
1. Seller is:
SNI | J.S. Lo Re
Worringer Platz 18 | 40210 Düsseldorf | Germany
eMail: info@signature-nail.com
Tel.: +49 (0) 211 171 19 12
2. The product presentations contained in the seller's online shop do not represent binding offers by the seller but serve to submit a binding offer by the customer.
3. By placing an order using the online order form integrated in the seller's online shop, the customer can submit a binding offer to purchase the product in question. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contract offer with regard to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer to the seller at an on-site training session.
4. The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (email) (the decisive factor here is the receipt of the order confirmation by the customer), or by sending the customer the delivers ordered goods (decisive here is the receipt of the goods by the customer). In case of doubt, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within this period, this is deemed to be a rejection of the offer and the customer is no longer bound by his declaration of intent.
5. The contract text is saved by the seller and sent to the customer in text form after the order has been sent, along with these terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account in the log-in area, provided that the customer has created a customer account in the seller's online shop before submitting his order. The customer can view the TAC at any time - even before the conclusion of the contract - under the link terms and conditions, download, print or save from there.
6. As part of the electronic order process, the customer can avoid possible input errors by carefully reading and using the browser's zoom function. The entries can be corrected using the keyboard and mouse functions until the order button is finally pressed, i.e. the order process has been completed.
§ 2 Right of withdrawal / for consumers within the meaning of § 13 BGB (german), the following right of withdrawal applies:
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you have to inform us…
SNI | J.S. Lo Re
Worringer Platz 18 | 40210 Düsseldorf | Germany
eMail: info@signature-nail.com
Tel.: +49 (0) 211 171 19 12
… of your decision to withdraw from this contract by means of a clear declaration (email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Exceptions for videos and Nailflix membership (see exclusion of the right of withdrawal):
Nailflix: The customer waived his right of withdrawal during the ordering process, as the service is provided in full immediately after payment.
Training videos: The customer waived his right of withdrawal during the ordering process, as the service is provided in full immediately after payment.
Online training: The withdrawal period ends when the online training begins.
§ 3 Consequences of Revocation
1. If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest one offered by us Standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
2. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You 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 to check the nature, properties and functionality of the goods. The goods must be new and originally packed when they are returned.
§ 4 Exclusion of the right of withdrawal
1. The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
2. The right of withdrawal expires prematurely for the following contracts:
- Contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
- Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.
- Contracts for the delivery or provision of video recordings (this includes all videos in the shop and premium area and the Nailflix membership).
§ 5 Prices and terms of payment
1. All prices in the online shop www.signature-nail.de and www.signature-nail.com are total prices in EUR and include the statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
2. In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases that are to be borne by the customer, such as duties in connection with the import (e.g. customs duties) or costs for the transfer of money.
3. The payment methods displayed when completing the order process are available to the customer.
4. If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
5. When paying by PayPal, the payment is processed by the service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
6. In cooperation with Klarna, Sveavägen 46, 111 34 Stockholm, Sweden, we also offer instant transfer.
§ 6 Delivery conditions
1. The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.
2. The goods are delivered by Deutsche Post AG as an insured package, unless otherwise expressly agreed.
3. Delivery takes place at the latest within five working days (Monday to Friday, with the exception of federal holidays) after the payment order has been issued to the transferring bank in the case of prepayment or after the conclusion of the contract in the case of cash on delivery or purchase on account. The shipping costs and delivery times are shown when ordering.
4. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the service a reasonable time in advance.
5. If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the goods delivered is transferred to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk is transferred to the customer when the goods are delivered to the transport company.
§ 7 Warranty
1. If the purchased item is defective, the provisions of statutory liability for defects apply to consumers.
2. If the customer is an entrepreneur, i.e. if the customer is placing his order in the exercise of his commercial or independent professional activity, claims for defects expire within 12 months from the delivery of the goods. Excluded from this are claims due to injury to life, body or health that are based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller.
3. The assignment of claims for defects is excluded, unless the customer is a consumer.
§ 8 Liability
1. The seller is fully liable for any legal reason in the event of injury to life, limb or health, in the event of willful intent or gross negligence, in the case of fraudulent intent and guarantee promises and if the liability is based on mandatory statutory provisions such as the Product Liability Act.
2. If the seller has negligently violated an essential contractual obligation, the obligation to pay compensation for property damage is limited to the foreseeable, typically occurring average damage. If the seller negligently breached an insignificant contractual obligation, the obligation to pay compensation is limited to the order value. The above limitations of liability also apply to the vicarious agents of the seller.
§ 9 Retention of title
1. The goods remain the property of the seller until they have been paid for in full.
§ 10 SNI photo and film recordings | Copyrights
1. The copyright for all publications by SNI (photo, video, training material, documents, synopsis, presentations, etc.) lies with SNI. Copying, duplication of any kind, downloading, publication, forwarding or making available to third parties (regardless of form and media) is strictly prohibited and will in any case be consistently prosecuted, combined with a contractual penalty.
§ 9 Applicable Law and Place of Performance
1. The law of the Federal Republic of Germany applies to these terms and conditions and all legal relationships between SNI and its customers. The place of performance is the registered office of SNI. Statutory regulations on places of jurisdiction remain unaffected.
§ 10 Place of jurisdiction
1. Regulation for individuals:
If the customer does not have a general place of jurisdiction in Germany or another member state, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of SNI.
2. Regulation for companies:
Agreement on an exclusive place of jurisdiction: If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the competent court for the place of business of SNI.
§ 11 Final provisions
1. Subsidiary agreements to the contract or to these terms and conditions must be made in writing to be effective.
The possible invalidity or ineffectiveness of one or more provisions of these terms and conditions does not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with an effective provision that comes as close as possible to the intended provision, economically and legally.
These conditions apply for the duration of the membership. Earlier terms and conditions are no longer in force. SNI reserves the right to change its terms and conditions at any time. Immediately after a change, the customer will be informed about the content and a corresponding right of withdrawal or the possibility of a special termination.
§ 1 General / Scope
1. The following general terms and conditions apply to all training courses and services provided by Signature Nail International (here after referred to as SNI) (here after also trainings and seminars).
2. The following general terms and conditions apply exclusively and in full to all services, training courses, seminars, training courses and workshops. Deviations from this are only effective if SNI expressly confirms them in writing.
3. Conditions of the student that contradict or deviate from these terms and conditions will not be recognized. With the registration, the General Terms and Conditions of Training are accepted.
§ 2 Registration / Right of Withdrawal
1. Registration for the training courses takes place via the Internet and is confirmed by e-mail. Booked training courses must be paid for within 3 working days nationally or 5 days internationally without any deduction upon registration. Education checks or bonuses are not accepted by the SNI.
2. The participant has a right of revocation which is valid for 24 hours from the time of registration and must be submitted in writing to SNI. During this time he can withdraw his registration free of charge, unless the seminar has already started and the participant is already participating. Timely sending of the revocation by email is sufficient to meet the deadline. Offsetting against the remuneration is only permitted if the counterclaims have been recognized by SNI or have been legally established. Rights of retention are excluded.
§ 3 Remuneration
1. For participation in the seminar, the participant pays the respective seminar fee specified for the seminar. The seminar fee is due for payment without deduction within 3 working days upon receipt of the invoice.
2. In the event of default in payment, we are entitled to charge default interest at a rate of 5 percent above the base rate.
§ 4 Cancellation
1. If the participant is unable to take part in the seminar, the participant will not incur any costs if SNI has received a written cancellation by email within 24 hours of the day of registration. In the event of illness, SNI reserves the right to reimburse the full seminar fee by sending a copy of a doctor's sick note.
2. If you cancel later, i.e. more than 24 hours after the registration date, the full seminar fee is due. However, the participant is free to register a substitute participant.
3. SNI reserves the right to cancel a seminar for good cause. In this case, SNI will reimburse the training fees paid. Due to force majeure or the failure of a trainer, a seminar can be canceled immediately before and during the seminar or a replacement trainer assigned. In these cases, the seminar fees will not be reimbursed.
4. SNI reserves the right not to admit individual participants to a seminar or to exclude them from (further) participation for important reasons, for example due to disruption of the event or failure to comply with the trainer's requests. No claims can be made against SNI. In particular, entitlement to reimbursement of travel and accommodation costs as well as loss of work is excluded, unless such costs arise due to grossly negligent or willful behavior on the part of SNI.
5. SNI undertakes to do everything reasonable in the event of any disruptions in performance to help remedy or limit the disruption.
§ 5 Liability
1. SNI assumes no liability for the participants before, during and after the seminars. Any liability of any kind on the part of the organizer is excluded to the extent permitted by law. This does not apply to negligent breaches of duty if life, body or health are affected and otherwise to grossly negligent or willful behavior on the part of SNI. Likewise, SNI does not guarantee the success of the implementation of training content.
§ 6 Course Principles
1. The language of the course for national courses is German. International trainings are held in English.
2. The training participant acknowledges that he has to follow the instructions of the SNI trainers. Cases of liability as a result of an infringement in this regard are categorically rejected by SNI.
3. Gross violations of the course discipline will be punished by the course management with the exclusion of the affected course participants. There is no entitlement to reimbursement of course fees.
4. Group training only takes place with at least 4 participants, unless otherwise agreed. If the minimum number of participants in a seminar is not reached - for reasons for which SNI is not responsible - SNI reserves the right to postpone training dates or, if necessary, to cancel dates. Both will be communicated in writing. In these cases, SNI is not liable for hotel costs, travel costs, etc.
5. A separate model must be organized for individual training. The individual training courses are only available on request. SNI only provides the participant with work tables and chairs in the SNI training rooms free of charge. For training sessions on the participants' premises, tables and chairs must be organized by the host.
6. SNI reserves the right to change the time and location of seminars within reasonable limits. It also reserves the right to replace coaches.
7. SNI provides the services on the basis of the data and information provided by the participant or his agent. The participant is responsible for their factual correctness and completeness. The work to promote and develop the personalities of the participants is carried out to the best of our knowledge and ability. There is no guarantee of success.
§ 7 SNI photo and film recordings | Copyrights
1. The copyright for all works by SNI (photo, video, training material, documents, synopsis, presentations, etc.) lies with SNI. Copying, duplication of any kind, downloading, publication, forwarding or making available to third parties (regardless of form and media) is strictly prohibited and will in any case be consistently prosecuted, combined with a contractual penalty.
§ 8 Applicable Law and Place of Performance
1. The law of the Federal Republic of Germany applies to these terms and conditions and all legal relationships between SNI and its customers. The place of performance is the registered office of SNI. Statutory regulations on places of jurisdiction remain unaffected.
§ 9 Place of jurisdiction
Regulation for individuals:
If the customer does not have a general place of jurisdiction in Germany or another member state, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of SNI.
Regulation for companies:
Agreement on an exclusive place of jurisdiction: If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the competent court for the place of business of SNI.
§ 10 Final provisions
1. Ancillary agreements to the contract or to these terms and conditions must be made in writing to be effective.
2. The possible nullity or ineffectiveness of one or more provisions of these terms and conditions does not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with an effective provision that comes as close as possible to the intended provision in economic and legal terms.
3. These conditions apply for the duration of the membership. Earlier terms and conditions are no longer in force. SNI reserves the right to change its terms and conditions at any time. Immediately after a change, the customer will be informed about the content and a corresponding right of revocation or the possibility of a special termination.
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