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Wemakeartists / AGB’s
Terms and conditions in the context of service contracts concluded via the platform
between
Wemakeartists GbR, managing directors authorized to represent: Deniz Ragimov & Adrian Deak,
Tafelfeldstraße 9, 90443 Nürnberg, Tel.: +49 173 6334520 , E-Mail: Info@wemakeartists.de
– in the following “Provider” –
and
the customer designated in § 2 of the contract – hereinafter referred to as “Customer” -.
are concluded.
– 1 Scope, Definitions
(1) For the business relationship between the webshop provider (hereinafter “Provider”) and the
customer (hereinafter “Customer”), the following General Terms and Conditions shall apply exclusively
in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall
not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered services cannot be predominantly
attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is
any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in
the exercise of his commercial or self-employed professional activity.
– 2 Conclusion of contract
(1) All offers subject to a charge are offered via a registration form. The Customer can select services
from the Provider’s range, in particular online courses and digital info products, at fixed flat rates in
packages and order them. The offer for the conclusion of the contract is made via the contact form. By
clicking on the button “order with obligation to pay”, the customer can also submit a binding application
to order the service. Before sending the order, the customer can change and view the data at any time.
However, the application can only be submitted and transmitted if the customer has accepted these
contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them
in his application.
(2) The Provider shall then send the Customer a 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. The
automatic confirmation of receipt merely documents that the customer’s order has been received by the
provider and does not constitute acceptance of the application. The contract is only concluded by the
submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order
confirmation). Furthermore, it is necessary for this that the customer has transferred the price.
(3) The contract is concluded in German.
3 Availability
(1) Performance times stated by us are calculated from the time of our order confirmation, prior payment
of the price provided (except for purchase on account).(2) If no dates or no service providers are available at the time of the Customer’s order, the Provider shall
immediately inform the Customer of this in the order confirmation. If the service cannot be provided on a
permanent basis, the Provider shall refrain from issuing a declaration of acceptance. In this case, a
contract is not concluded.
(3) If the service specified by the customer in the order is only temporarily unavailable, the provider will
also inform the customer immediately in the order confirmation.
– 3a Cancellation of appointment
Do you have a desired procedure in mind here?
– 4 Service
Here you can describe your service in detail
– 5 Prices
(1) All prices stated on the provider’s website are inclusive of the applicable statutory sales tax.
– 6 Payment modalities
(1) The customer can pay by direct debit, credit card, cash on delivery, pay in advance or monthly (12 months x 39,99€) in installments..
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of
payment is determined by the calendar, the customer is already in default by missing the deadline. In this
case, he has to pay the provider interest on arrears for the year at a rate of 5 percentage points above the
base interest rate.
(4) The Customer’s obligation to pay default interest shall not preclude the Provider from asserting
further damages for default.
(5) Installment payment option, the customer decides for the monthly installment payment in the amount of 39,99€, then the customer is obligated for 12 months (monthly) to pay to us the installment, should two installments be open, the entire annual amount will be charged by our collection company.
– 7 Warranty for defects
(1) The Supplier shall be liable for defects in accordance with the applicable statutory provisions. For
entrepreneurs, the warranty period for goods delivered by the provider is 12 months.
– 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the
customer arising from injury to life, limb, health or from the breach of essential contractual obligations
(cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent
breach of duty by the provider, its legal representatives or agents. Material contractual obligations are
those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the
foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the
Customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and
vicarious agents of the Provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has
fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of
the Product Liability Act remain unaffected.
– 9 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of
revocation, which the Provider informs about below in accordance with the statutory model. The
exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you will find a
sample withdrawal form.
Cancellation policy
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is
not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (click here to enter text) by means of a clear
statement (eg a letter sent by mail, fax or e-mail) of your decision to revoke this contract. For this
purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise
of the right of withdrawal before the expiry of the withdrawal period.
However, the right of revocation shall expire under the conditions of Section 356 (5) of the German Civil
Code (BGB) if we have commenced performance of the contract after you have expressly consented to
our commencing performance of the contract prior to the expiry of the revocation period and you have
confirmed your knowledge that by consenting you lose your right of revocation upon commencement of
performance of the contract.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you without
undue delay and at the latest 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.
(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings (online workshops/membership) or
computer software in a sealed package if the seal has been removed after delivery.
(3) The provider informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.
and send it back).
– To [here is the name, address and, if applicable, fax number and
e-mail address of the entrepreneur by the entrepreneur]:
– Herewith I/we (*) revoke the contract concluded by me/us (*)
for the purchase of the following goods (*)/ the provision of the followingservice (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
– Date(s)
(*) Delete as applicable
– 10 Final Provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of
Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory
provisions on the restriction of the choice of law and the applicability of mandatory provisions, in
particular of the state in which the customer as a consumer has his habitual residence, remain
unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the
place of jurisdiction for all disputes arising from contractual relationships between the Customer and the
Provider shall be the Provider’s registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead
of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an
unreasonable hardship for one of the contracting parties, however, the contract shall become ineffective
as a whole