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Table of contents
  1. scope
  2. conclusion of contract
  3. Services of the organizer
  4. right of withdrawal
  5. Prices and terms of payment
  6. Redeeming Vouchers
  7. Delivery and shipping conditions
  8. Change or cancellation of the event
  9. resignation of the organizer
  10. Withdrawal of Participant - Cancellations
  11. warranty
  12. liability for events
  13. Termination due to force majeure and behavioral reasons
  14. confidentiality and data protection
  15. Granting of usage rights for digital content
  16. No collection of goods
  17. Applicable Law
  18. Alternative Dispute Resolution
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Conditions
 
  1. Scope​
    1. The following General Terms and Conditions (hereinafter "GTC") of Bettinelli-Keramik, Wilhelmstraße 86 in 13593 Berlin (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") in the online Shop offered goods or events, completes.

    2. Consumer according to § 13 BGB is any natural legal person or partnership (company) that concludes a legal transaction with the seller.

    3. The subject of the contract can be the purchase of goods, gift vouchers or event vouchers. 

    4. These GTC apply accordingly to contracts for the provision of digital content, unless otherwise regulated. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form

  2. conclusion of contract
    1. These GTC apply to all contracts for participation in courses, workshops and events (hereinafter "events") of the organizer, which the participant concludes with the organizer with regard to the events presented on the organizer's website.

    2. The participant can submit an offer by filling in the online booking form integrated on the organiser's website, or by e-mail. The data required to be entered by the participant for the offer can be found in the input mask of the online booking form. After entering the data in the online booking form and by clicking the button that concludes the booking process, the participant submits a legally binding contract offer in relation to the selected services.

    3. Vouchers can be purchased from the organizer for a fee, issued with a period of validity and can only be redeemed by participants at the organizer within the specified period.

    4. By selecting the goods in the online shop and placing them in the virtual shopping cart or completing the ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart.

  3. Services of the organizer
    1. The organizer provides its contractual services with the greatest care and conscientiousness, but it does not owe any specific success or the achievement of a specific performance goal by the participant.

    2. The organizer provides its services through conscientious preparation and qualified employees and can use subcontractors.

    3. The organizer saves the text of the contract including the terms and conditions upon conclusion of the contract while maintaining data protection and sends them to the participant in writing or text form (by e-mail) after the booking has been sent.

    4. The contract is concluded exclusively in German. 

    5. The order processing and contacting takes place via e-mail or automated order processing. The customer must ensure that the e-mail address provided by him is correct, so that the e-mails sent by the seller can be received at this address, particularly when using SPAM filters, to ensure that all sent by the organizer email can be delivered.

    6. The seller can accept the customer's offer within 5 days by confirming the order in writing (by email).

  4. Right of withdrawal​
    1. The concluded contract can be revoked within fourteen days without giving reasons.

    2. ​To exercise the right of withdrawal, a written declaration of the decision to withdraw from the contract is required, to Bettinelli-Keramik, 13593 Berlin, Germany, E-Mail: hilda.bettinelli@gmail.com, by post or email before the deadline.

    3. All payments that we have received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. The same means of payment that was used in the original transaction will be used for this repayment. In the case of contracts for the delivery of goods, repayment may be delayed until the goods have been received or until proof has been provided that the goods have been returned.

    4. The costs of returning the goods are borne by the customer.​

  5. Prices and terms of payment
    1. The indicated prices are in EURO. There is no statement of sales tax due to the application of the small business regulation according to § 19 UStG (small business status). Additional delivery and shipping costs are specified separately in the product description. 

    2. Various payment options are available to the customer, which are indicated on the website of the organizer.

    3. When selecting the "PayPal" payment method, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the validity of the under_cc781905-5cde -3194-bb3b-136bad5cf58d_https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full  PayPal Terms of Use. In the booking process, the participant is redirected from the organizer's website to the PayPal website. If the participant is not already registered with PayPal, registration is required in advance in order to be able to pay the invoice amount via PayPal. After the registration process, the participant must identify himself with his access data and confirm the payment order to the organizer. The Promoter will request PayPal to initiate payment after confirmation of the payment order. Payment via PayPal is automatic.

    4. If the "Giropay" payment method is selected, the participant will be forwarded from the organizer's website to the participant's bank website before completing the ordering process. The participant must have an activated online banking account with a PIN/TAN procedure and can thus Confirm the payment order to his bank.The payment transaction will be initiated immediately and the participant's account will be debited.

    5. If the payment method "SOFORT by Klarna" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "Sofort"). After placing the order, the participant will be redirected from the organizer's website to the website of the online In order to be able to pay the invoice amount via Sofort, the participant must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, legitimize themselves accordingly during the payment process and confirm the payment order to Sofort The payment transaction will be carried out immediately afterwards by Sofort and the participant's specified account will be debited.www.klarna.com/sofort/ or www.sofort.de.

    6. If the payment method "debit and credit card" is selected, the participant transmits his credit card data to the organizer after confirmation of the payment order. Immediately after legitimation as the legitimate cardholder, the organizer will request the organizer's credit card company to initiate the payment transaction and the participant's credit card will be charged.

    7. If you select the payment method "payment in advance by bank transfer", payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

    8. The participant is only entitled to set-off rights if his counterclaims have been legally established or are undisputedly mutually related to the main claim of the organizerare linked to or recognized by it.​

  6. Redeeming Vouchers
    1. Vouchers are given to the customer by e-mail or by download.

    2. Vouchers are subject to the regular limitation period according to § 195 BGB and lose their validity at the end of the third year after the year of the voucher purchase. Any remaining credit to which the participant may be entitled will be credited to him by the expiry date. After the expiry date, any remaining credit expires.

    3. The participant must redeem the voucher before completing the booking process via the website. Once the booking process has been completed, the voucher can no longer be redeemed for the selected service.

    4. The participant can also redeem several vouchers per booking of an event.

    5. If the value of the voucher is less than the amount of the booking, the participant must reimburse the outstanding balance to the organizer. For this purpose, the participant can select a payment method offered by the organizer.

    6. A cash payment and interest on the value of a voucher does not take place.

    7. The voucher can be transferred to third parties and can be redeemed by the respective person before the service is provided via the website with a debt-discharging effect.

  7. Delivery and shipping conditions
    1. The goods are shipped within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The specified delivery address, which was specified during order processing, is decisive.

    2. If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the seller as a result. This does not apply to the outward shipment if the customer effectively exercises his right of withdrawal. For the return, the regulation in the cancellation policy of the seller applies.

  8. Change or cancellation of the event
    1. which were not brought about by the organizer in breach of good faith are only permitted if the changes or deviations are not significant for the participant.

    2. The organizer has a change or deviation of an event in accordance with section 8.1. immediately after becoming aware of this to the participant.

    3. In the event of a significant change in service, the participant is entitled to withdraw from the contract free of charge or to request participation in another, at least equivalent event from the organizer's program if the organizer is able to offer one. The participant must assert the aforementioned rights immediately after the organizer has declared the change to the event.​

  9. resignation of the organizer
    1. The organizer is entitled to withdraw from the contract for important reasons. Important reasons exist in particular if the event has to be canceled due to circumstances for which the organizer is not responsible or if the event manager is ill.

    2. In the aforementioned cases, the organizer will fully refund any participation fees that have already been paid. If the event is cancelled, the organizer will endeavor to find an alternative date. The participant is not entitled to claims for damages.

  10. Withdrawal of Participant – Cancellations
    1. The participant can cancel the booked event up to 14 days before the start of the event without giving reasons and without incurring any costs. The participant must declare the cancellation to the organizer in writing or in text form (a letter sent by post or by e-mail) in compliance with the cancellation period. The decisive time for the timeliness of the cancellation is the receipt of the declaration by the organizer. Any right that the participant may have as a consumer under Item 5 to revoke his booking remains unaffected.

    2. In the event of a cancellation in accordance with Section 10.1. the organizer will reimburse the participant in full for any fees already paid. The participation fee will be refunded within a period of 14 days from receipt of the cancellation notice. Unless otherwise agreed between the parties, the organizer will reimburse the participant for the participation fee using the same means of payment that the participant used when booking the event.

  11.  Warranty
    1. The statutory provisions on liability for defects apply. the statutory liability for defects. Deviating from this, the following applies to contracts for the delivery of goods:

    2. If the customer acts as an entrepreneur,

    3. for items that have been used for a building in accordance with their normal use and have caused its defectiveness, the seller has the choice of the type of subsequent performance;

    4. for claims for damages and reimbursement of expenses by the customer, as well as, for new goods, the limitation period for defects is one year from delivery of the goods;

    5. in the event that the seller has fraudulently concealed the defect. in the case of used goods, the rights and claims due to defects are excluded; the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

    6. The limitations of liability and shortening of deadlines set out above do not apply

      • for claims for damages and reimbursement of expenses by the customer, in the event that the seller has fraudulently concealed the defect,

      • for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

      • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

    7. In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

    8. If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

    9. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

  12. liability for events
    1. With regard to the services provided by the contractor, the latter, his legal representatives and vicarious agents are fully liable

    2. in the event of intent or gross negligence; in the event of intentional or negligent injury to life, limb or health; in the case of guarantee promises, insofar as this has been agreed between the parties;

    3. as far as the area of application of the Product Liability Act is open.

    4. In the event of a breach of essential contractual obligations, liability for simple negligence is limited to the foreseeable, contract-typical damage, unless pursuant to Section 14.1. unlimited liability. Essential contractual obligations are those obligations that the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the participant can regularly rely (so-called cardinal obligations).

    5. For the rest, liability of the organizer is excluded. ​

  13. Termination due to force majeure and behavioral reasons
    1. If the event is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded (e.g. unusual traffic-endangering waterway conditions, floods, special weather events, thunderstorms, strikes, epidemics and pandemics, unforeseen official orders or other operational disruptions, etc.), both contracting parties can cancel the Terminate the contract. In the event of an unforeseeable force majeure, the participant may, if desired, take part in another event from the organizer's program that is at least of the same value, provided the organizer is able to offer such an event.

    2. The organizer can terminate the contract without notice if the participant disrupts the contractual relationship despite a warning from the organizer or if the participant behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. In this case of termination, the organizer retains the right to the participation fee. However, the organizer must allow the value of the expenses saved and those advantages to be credited that he obtains from another use of the unused service, including the contributions reimbursed to the participant by the service providers.​

  14. confidentiality and data protection

​The organizer undertakes to maintain secrecy about all trade and business secrets of the participant for the duration of an event and also after it has ended. The obligation to secrecy also extends to the organizer's staff. The organizer must ensure the above provision through suitable measures in his company to use the data and documents provided to him exclusively for the provision of the services.

The organizer collects, processes and stores the participant's data necessary for business transactions. When processing the personal data of the participant, the organizer observes the legal provisions. The organizer is entitled to transmit this data to third parties commissioned to carry out the order, insofar as this is necessary to fulfill the contract. Further details can be found in the data protection declaration that can be called up in the organiser's online offer.

If and to the extent that the organizer processes personal data of the participant within the framework of the provision of services, the PaBefore starting processing, the parties conclude a customary agreement on the processing of data on behalf of Art. 28 DS-GVO

15th Ein roomng of usage rights for digital content

Unless otherwise stated in the description of the content in the seller's online shop, the seller does not compensate the customer for the content providedFinally, the right, unlimited in terms of location and time, to use the content exclusively for private purposes.

Passing on the content to third parties or making copies is not permitted.

16No collection of goods

The works produced in the events will be kept ready for collection for 2 months. The 2 months starts from the moment of the notification that the parts are ready.

​17. Alternative Dispute Resolution​​

The EU Commission provides a platform for online dispute resolution under 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 purchase or service contracts in which a consumer is involved.​

​18. Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

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