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Terms and Conditions

Terms and conditions

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
Consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal rights which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to this.
 

2. Contractor, conclusion of contract

The purchase contract is concluded with Olena Oezman owner of Nailacademy.

With the placement of the products in the online shop we make a binding offer to conclude a contract for these articles. You can place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.

From the date of payment for a training course, you will be granted access to it for one year (12 months). After this period has expired, a new booking of the training is necessary if you want to watch the videos again.

3. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.

4. Use of the account

Only the registered person is allowed to use the account. The person is prohibited from sharing his account with third parties or making the access data available to third parties.

We reserve the right to check possible unusual registration behaviour / logins * within the scope of our technical possibilities and, if necessary, to exclude the registered person from the course without any right to a refund and to block access for life.
*unusual registration behaviour / login:

Example 1

Should be transferred several times to different end devices (more than 3)
on the same day!

Example 2

Should a registration take place within a short period of time at two different locations via one account!

4.1 The use of the account is only allowed to the registered person. The person is prohibited to share his account with third parties or to make the access data available to third parties.

Protection of user account and log-in data: The registered person shall protect his/her log-in data and all passwords against unauthorized access. If the registered person suspects or becomes aware that the password has become known to third parties, he is advised to change it. The registered person is solely responsible for maintaining the confidentiality and security of the user account.

The registered person is solely responsible for maintaining the confidentiality and security of the user account and for all activities that occur on or through the user account. The registered person is obliged to inform us immediately if there are any indications that his or her user account and its contents have been accessed by third parties without authorization.

4.2 When purchasing a course at the Nailacademy, we define participants as nail designers if the person uses the learned information exclusively in the context of work on the customer. Trainers in nail design are the persons who use learned information in the context of passing it on to third parties. Any publication of content, without the express consent of the owner, is prohibited. Third parties are students or nail designers who participate in the training sessions of the said trainer, also the users of the information, if they get to the information within the framework of a stage presentation, Instagram post (and various social media platforms, such as Facebook, TikTok, own web blog, etc.) or webinars, as well as through workbooks. Concrete example: you are also considered a trainer if you are the owner of a salon and you pass on the said factual information to your employees or colleagues. Likewise, you are considered a trainer if you pass on information to third parties without officially defining yourself as a trainer. We grant purchase and access to the trainer for the purpose of their own education and prohibit the use of the information as a copy/plagiarism of the content to third parties, without consulting us and without mentioning the source of the mention. Copy and plagiarism are defined as texts copied 1 to 1, individual text sections and the texts that are demonstrably reformulated as inspiration close to the factual content, in words and images, graphic material, video material and subject matter content generated exclusively by own experience. 

When selecting to purchase the desired course, 2 options are available for naming your current scope of use of the content. Please note that it is your responsibility to select the appropriate usage frame. Over time, the usage frame may change. This change must be considered when you continue to use and purchase additional courses. This condition applies even if the frame of usage was defined differently at the time of purchase. Concrete example: During the period of consumption of the content, you change your status from nail designer to trainer in nail design. If, in the context of your new activities, the information from the Nail academy is copied, we reserve the right to close your Academy account with immediate effect and to take legal action. The same applies to trainers in nail design who use the as already mentioned content without agreement and pass it on to third parties. 

We are happy to be an inspiration for trainers and know how important professional training is. At this point we ask for collegiality and respect for the intellectual property of the trainer, as well as for the content in the Nail academy. If you feel inspired and would like your training or contributions to the same factual content, you can use the information exclusively after prior consultation with the owner. With the purchase, the above rules apply and you agree to the terms of use. In case of any violation of the applicable terms of use, we reserve the right to close your Academy account with immediate effect and to take legal action.

5. Payment

All prices are exclusive of sales tax, which means that the sales tax of your respective country will be added to the visible price. Countries outside the European Community pay tax free.
In our shop, the following payment methods are generally available to you:

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. Further information can be obtained during the ordering process.

PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. Further information can be obtained during the ordering process.
If you have chosen the PayPal payment method, you must be registered there or register and legitimize with your access data in order to be able to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. Further information can be obtained during the ordering process.

Credit card via PayPal

If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal's request immediately after confirmation of the payment order and after your legitimation as a legitimate cardholder and will be charged to your card. Further information can be obtained during the ordering process.

Direct debit via PayPal

If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you issue a direct debit mandate to PayPal. PayPal will inform you about the date of the account charge (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment order, PayPal invites its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited. Further information can be obtained during the ordering process.

6. Right of withdrawal

If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you issue a direct debit mandate to PayPal. PayPal will inform you about the date of the account charge (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment order, PayPal invites its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited. Further information can be obtained during the ordering process.

You are entitled to the statutory right of withdrawal as described in the revocation policy.

7. Retention of title

The goods remain our property even after payment.

The filming or reproduction of our products is strictly forbidden and will be prosecuted under criminal law and will result in the immediate blocking of user access for life.

If you want to use our videos, texts, worksheets, please contact us about this. Any use without our consent is prohibited and will lead to the blocking of the course and all further bookings. Furthermore, we reserve the right to legally assert any damage and / or loss of earnings.

8. Warranties and Warranties

If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you issue a direct debit mandate to PayPal. PayPal will inform you about the date of the account charge (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment order, PayPal invites its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited. Further information can be obtained during the ordering process.

The statutory liability for defects applies. Information on any additional warranties and their exact terms can be found in the product and on special information pages in the online shop.

9. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents.

• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of warranty promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) by slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

In addition, claims for damages are excluded.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be found here [https://ec.europa.eu/consumers/odr/]. Consumers have the opportunity to use this platform to resolve their disputes. In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The Federal Universal Arbitration Office at the Centre for Conciliation, Strasbourger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de [http://www.universalschlichtungsstelle.de], is responsible. We will participate in a dispute settlement procedure before this body.

11. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Right of Cancellation (Products)

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, you must inform us (Olena Oezman, Heiligendammer Str. 17, 14199 Berlin, Germany, academy@akzentz.de, phone: +49 30 81720181) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

The Right of Cancellation (Courses) in the case of a contract for the supply of digital content not on a physical data carrier, even if we have commenced execution of the contract after you have expressly agreed that we shall commence execution of the contract before expiry of the revocation period and have confirmed your knowledge that you lose your right of revocation as a result of your agreement when execution of the contract commences. So a cancellation of the a course after the payment has been done is not possible.