1.1 These general terms and conditions (hereinafter “terms and conditions”) Belmann & Belmann GbR (hereinafter “provider”), apply to all contracts for the provision of services, which a consumer or entrepreneur (subsequently concludes “customer”) with the provider with regard to the services presented by the provider on his website. This contradicts the inclusion of the customer’s own conditions, unless otherwise agreed.
1.2 For the purposes of these terms and conditions, a consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. 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 his commercial or independent professional activity.
2) Conclusion of Contract
The customer can send a non-binding request for an offer to the provider by telephone, fax, email, letter or via the online contact form available on the provider’s website. Upon request, the provider will send the customer a binding offer to provide the service previously selected by the customer by email, fax, or letter. The customer can fax this offer by fax, Accept email or letter or by paying the remuneration offered by the provider within 7 (seven) days from receipt of the offer, the day of receipt of the offer is not included in the calculation of the deadline. The day of receipt of payment by the provider is decisive for acceptance by payment. If the last day of the deadline for accepting the offer falls on a Saturday, Sunday, or a public holiday recognized by the state at the customer’s registered office, the next working day takes the place of such a day. If the customer does not accept the offer of the provider within the aforementioned period, the provider is no longer bound to his offer. The provider will once again particularly point this out to the customer in his offer.
3) Right of Withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the provider’s cancellation policy.
4) Cancellation of Appointments
4.1 Regardless of any existing statutory right of withdrawal, the provider grants the customer the right to cancel his appointment for a service provided by the provider free of charge in accordance with the following provisions (contractual right of withdrawal):
4.2 The customer can make an appointment by prior to the start of the booked service without giving reasons by a text to the provider (e.g., cancel the declaration to be made by email). Access to the declaration by the provider is decisive for compliance with the cancellation deadline. If the customer cancels his appointment on time, the provider will fully reimburse him any fee already paid within a period of two weeks from receipt of his declaration. For this, the provider can use the same means of payment that the customer used for his payment to the provider.
4.3 Any existing statutory right of withdrawal of the customer is not restricted by the right of withdrawal regulated above.
5) Prices and Terms of Payment
5.1 Unless otherwise stated in the service description of the provider, the prices shown are total prices that include the statutory sales tax.
5.2 The customer will be informed of the payment options and payment modalities on the provider’s website.
6) Contract Duration and Contract Termination in the Case of Permanent Obligations
6.1 Information on the duration of the contract and the termination of the contract, in particular on the termination modalities for services that are provided within the framework of permanent obligations, will be communicated to the customer as part of the respective service description on the website of the provider.
6.2 The right to extraordinary termination for an important reason remains unaffected. An important reason is, if the terminating part cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing up mutual interests.
6.3 Terminations can be made in writing, in text form (e.g., by email) or in electronic form via the termination option (e.g., button) held by the provider on his website.
7) Applicable Law
7.1 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 is habitually resident.
7.2 Furthermore, this choice of law does not apply to consumers with regard to the statutory right of withdrawal, which do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
8) Alternative Dispute Resolution
8.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
8.2 The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.