Terms and conditions
I. Definitions / Scope and amendment of the GTC
- BakeNight GmbH, Mariendorfer Damm 1, 12099 Berlin ("BakeNight") offers events in the bakery/leisure time area ("BakeNight-Events"), video instructions for baking ("Tutorials") as well as the sale of various products and accessories for baking ("Baking Accessories"). These General Terms and Conditions ("GTC ") serve as the basis for ordering Tickets for BakeNight-Events, vouchers and and Tutorials as well as for the purchase of Baking Accessories via the website www.bakenight.com ("the Website").
- "Customer" and contractual partner of BakeNight is the one, entrepreneur or consumer, who carries out the order and has to pay the remuneration.
- "Booking" includes both the process of selecting and making a purchase through the Website and the concrete order of Tickets, Vouchers, Tutorials and Baking Accessories.
- For the Booking of a BakeNight-Event, Voucher, Tutorial or the purchase of Baking Accessories the following GTC apply exclusively. They are considered to be agreed upon when the Customer sends the order, unless the Customer objects to them immediately after becoming aware of them. They also apply if the Customer uses general terms and conditions and these contain terms and conditions that contradict or deviate from the GTC listed here. Exceptions to this require a clear written confirmation by BakeNight. A counter-confirmation of the Customer with reference to his general terms and conditions is hereby expressly contradicted.
- BakeNight reserves the right to change the GTC for factual reasons (e.g. change of law or jurisdiction, change of economic circumstances or business model). Corresponding changes shall be notified to the Customer in writing before they come into force. If the Customer does not object in writing within six weeks of notification, the changes shall be deemed accepted.
II. Services of BakeNight
- The service and product range of BakeNight is presented under www.bakenight.com.
- The presentation of the Public BakeNight-Events, Vouchers, Tutorials and Baking Accessories on the Website is merely a non-binding overview of services and does not represent a binding offer on the part of BakeNight. It is subject to availability.
- BakeNight regularly organises public events in cities in Germany and Austria or in the form of online workshops ("Live Event") on defined topics which are open to a public circle of participants ("Public BakeNight-Event"). The cities/locations, dates and topics are presented at www.bakenight.com and, where available, can be booked.
- BakeNight also offers the possibility of booking a private event in a selected city/location or in the form of an online workshop ("Live Event") on a selected topic, date and occasion for a selected group of people via the website www.bakenight.com ("Private BakeNight-Event").
- Tutorials on different recipes can also be booked via the website www.bakenight.com. The Customer can use them at any time during the 90-day period to bake and re-bake the displayed recipes independently.
- BakeNight also offers the possibility to buy the Baking Accessories presented on the website www.bakenight.com.
- Vouchers for nominal values in euros can also be purchased at www.bakenight.com, which in turn can be used to book BakeNight Events, Tutorials and purchase Baking Accessories via the Website ("Voucher").
- With regard to the organization and implementation of its services, BakeNight determines the deployment of its employees according to availability and is entitled to use third parties as subcontractors to provide services.
III. Conclusion of contract/ ordering process
- Tickets for BakeNight-Events, Vouchers, Tutorials and Baking Accessories can be ordered via the Website.
- A registration is not required. However, the Customer must provide the information marked as mandatory fields in the order process.
- The booking data will be sent to the e-mail address provided by the Customer within the framework of the contract confirmation and are also stored and retrievable at BakeNight.
- The Customer is responsible for ensuring that the e-mail address provided by him in the order is free of errors, has been configured correctly (for example, in relation to SPAM filters) and his e-mail account has the necessary free space.
- The customer can view and download these GTC on the Website both before and after placing an order.
- The Customer can select Public BakeNight-Events, Vouchers and Baking Accessories by placing them in a shopping cart.
- By pressing the button "Send order" the Customer makes a binding offer to order the Public BakeNight-Events, Vouchers and/or Baking Accessories in the shopping cart.
- The contract is only concluded when BakeNight accepts the offer by sending an e-mail ("Contract Confirmation"). The e-mail contains an overview of the order, the invoice and, if applicable, the purchased Ticket as a PDF. When booking a Live Event, the Contract Confirmation contains a Zoom link for participation in the online workshop, the necessary login data and all relevant information for preparation and participation.
- The acceptance is at the discretion of BakeNight. If, for example, the maximum number of participants of a BakeNight-Event is exceeded or Baking Accessories are not available, BakeNight is entitled not to accept an order offer.
- Tickets for Public BakeNight-Events and Vouchers are freely transferable. A contractual relationship between BakeNight and a potential buyer of the Customer does not arise from the transfer, however. The commercial resale is prohibited.
- Public BakeNight-Events are excluded from the right of revocation (Section IV.2. - 3.)
V. Private BakeNight-Events
- Private BakeNight-Events can be requested non-bindingly by using the corresponding contact form. and specifying the personal parameters (contact data, date, occasion, location or live event) as well as selecting the topic.
- The Customer receives from BakeNight promptly by e-mail a non-binding offer according to the requested parameters. The Customer can thereupon in writing place a binding offer on order of the non-binding Private BakeNight-Event with the specified parameters. The contract is only concluded when BakeNight accepts the offer by sending an e-mail ("Contract Confirmation"). The e-mail contains an overview of the order, the invoice and, if applicable, the purchased Ticket as PDF. When booking a Live Event, the contract confirmation contains the participation in the online workshop required login data and all relevant information for preparation and participation.
- Private BakeNight-Events are excluded from the right of withdrawal (clause IV. 2. - 3.)
- The Customer can select the Tutorials by placing them in a shopping cart.
- By pressing the button "Send order" the Customer makes a binding offer to order the Tutorials in the shopping cart.
- The Contract is only concluded when BakeNight accepts the offer by sending an e-mail ("Contract Confirmation"). The e-mail contains an overview of the order, the invoice and the link to the Tutorial(s) as well as the necessary login data. Using the link(s) in the Contract Confirmation, the Tutorial(s) can be consumed via the Vimeo portal, provided an Internet connection is available.
- The acceptance is at the discretion of BakeNight.
- A booked Tutorial is accessible and available to the Customer on Vimeo for 90 days from the date of Booking via the link sent via e-mail.
- The Customer must keep the access data for his account confidential and may not pass them on to third parties. The Customer may not make his account accessible to third parties.
- The Customer may not publish Tutorials. The Customer is not allowed to film Tutorials or save them in any other way.
VII. Information on the statutory right of withdrawel for consumers
- As a consumer, you have a legal right of withdrawal when you conclude a contract with BakeNight by way of a so-called distance selling transaction.
- However, according to § 312g Abs. 2 Nr. 9 BGB (German Civil Code) this does not apply to the Booking of a concrete BakeNight-Event (private or public, on site or as a Live-Event). Therefore, you cannot withdraw your declaration of intent to purchase a Ticket for a BakeNight event. According to § 312g Abs. 2 Nr. 9 BGB, the right of withdrawal does not apply to contracts for the provision of further services in connection with leisure activities, if the contract provides for a specific date or period of time for the provision. The BakeNight-Events offered by BakeNight are such services from the field of leisure activities on a specific date or period. Thus, every Booking of a BakeNight-Event is legally binding with the acceptance by BakeNight and obligates to purchase and payment.
- The right of withdrawal explained below therefore applies here only to the purchase of Vouchers, for which no specific date for an event has been fixed yet, as well as for the purchase of Tutorials and Baking Accessories, by consumers (any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity, § 13 BGB).
Right of withdrawal
You have the right to withdraw this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (BakeNight GmbH, Mariendorfer Damm 1, 12099 Berlin) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw this contract. You may use the attached sample withdrawal form for this purpose, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your withdrawal 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 for this repayment. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods without delay and in any case within fourteen days at the latest from the day on which you inform us of the withdrawal of this contract to the relevant shipping partner, Finzel & Schuck GmbH, Paul-Seydel-Str. 13, 09212 Limbach-Oberfrohna, to Scheller Mühle GmbH, Mühlweg 6, 85276 Pfaffenhofen a.d. Ilm - Hettenshausen-Reisgang or to MACH DEINS DRAUS GmbH, Joachim-Friedrich-Straße 24, 10711 Berlin. The deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You will 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 for checking their condition, properties and functionality.
Sample withdrawal form
(If you want to withdraw the contract, please fill out this form and send it back to BakeNight GmbH, Mariendorfer Damm 1, 12099 Berlin; email@example.com
I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as appropriate
VIII. Prices and payment / Retention of title / Right of revocation in case of non-payment
- The prices quoted at www.bakenight.com are total prices including the applicable statutory value added tax and, if applicable, plus shipping costs in the case of postal shipping.
- The claim for remuneration of BakeNight arises with the conclusion of the contract.
- For payment, the Customer can use the payment methods specified in the ordering process on the Website.
- If the Customer decides to order on invoice, the payment is due upon receipt of the invoice with the Contract Confirmation. If the Customer does not pay within 30 days of the due date, the Customer is automatically in default of payment; this applies to consumers only if a corresponding note is made in the respective invoice.
- Complaints about invoices shall be notified to BakeNight in writing within a preclusive period of two weeks after receipt of the respective invoice.
IX. Redemption of vouchers
- Vouchers amount to certain nominal values in Euros and can be redeemed within two years ("Validity Period") for the Booking of Public and Private BakeNight-Events and the purchase of Tutorials and Baking Accessories via the website www.bakenight.com, unless otherwise agreed ("Validity Period"). This period begins at the end of the year in which the Voucher was purchased.
- If the price of the selected BakeNight-Event, Tutorial or Baking Accessories exceeds the credit balance of the Voucher, the Customer must pay the difference during the ordering process. If the credit balance of the Voucher exceeds the price of the selected BakeNight-Event, Tutorial or Baking Accessories, the difference amount remains as remaining credit on the Voucher.
- A payout in cash is not possible.
- Vouchers are freely transferable. However, a contractual relationship between BakeNight and a potential Customer's buyer does not arise from the transfer. The commercial resale is prohibited.
X. Delivery / Shipping / Return shipment
- The delivery of Tickets for BakeNight-Events or Vouchers is carried out either by e-mail as a PDF file or by post (gift letter) to the delivery address provided by the Customer.
- Dispatch and delivery of Baking Accessories are carried out on behalf of BakeNight by Finzel & Schuck GmbH, Paul-Seydel-Str. 13, 09212 Limbach-Oberfrohna, by Scheller Mühle GmbH, Mühlweg 6, 85276 Pfaffenhofen a.d. Ilm - Hettenshausen-Reisgang or by MACH DEINS DRAUS GmbH, Joachim-Friedrich-Str. 24, 10711 Berlin. Any returns are also to be made exclusively to the respective shipping partner.
- The provision of the Zoom link as well as the login data for participation in Live Events will be included in the Contract Confirmation e-mail.
- Tutorials will be made available via a link to Vimeo which will be send via e-mail. The Tutorials can only be accessed with an Internet connection.
- Delivery by e-mail is free of charge. BakeNight may charge shipping costs for delivery by mail. The respective shipping costs are shown at www.bakenight.com. The shipping costs as they appear on the Website on the day of order or as they are shown on the order overview before the order is completed are valid.
- For shipping to countries outside the European Union, additional costs such as customs fees, taxes and duties may be incurred in addition to the shipping costs, which must be paid by the Customer according to the respective national law. The Customer must inform himself about the existing regulations.
- The delivery by mail is carried out within the delivery time indicated in each case. The stated delivery times are calculated from the time of Contract Confirmation. If the Customer chooses prepayment as payment method, the delivery time is calculated from the time of receipt of payment at BakeNight. All information about expected delivery times are only to be understood as an orientation guide and therefore non-binding, unless they have been agreed upon as binding.
- The costs of the return are not taken over by BakeNight, but are to be carried by the Customer.
XI. Conditions of participation / photo and video recordings
- If participation in certain BakeNight-Events requires certain personal aptitudes (e.g. age or state of health), the Customer can find these in the respective BakeNight-Event description. The Customer himself is responsible for ensuring that he, or other participants for whom he purchases a Ticket or transfers it to them, meet the respective requirements.
- Persons who do not meet the respective participation requirements are excluded from participation in the BakeNight-Events. A refund of the purchase price due to non-fulfilment by BakeNight is excluded in this case.
- The Customer agrees that during the BakeNight-Events BakeNight may take photos and video recordings of the Customer and any participants for whom he purchases a Ticket or transfers to them, as well as the painted pictures and the venue and that BakeNight may use these for advertising purposes both itself and pass them on to third parties and publish them. This consent and the associated rights are valid for an unlimited period of time and geographically, for print as well as online use. The Customer as well as any participants for whom he purchases a Ticket or transfers it to them have the opportunity to declare in writing to BakeNight before the start of the booked BakeNight-Event that they do not agree to the creation of photo and video recordings of themselves and their pictures. The declarations are to be sent in writing to firstname.lastname@example.org.
XII. Rebooking or cancellation of BakeNight events by the customer
- The Booking of a BakeNight-Event entitles exclusively to the participation in the specifically booked BakeNight-Event. The Customer is not entitled to rebooking or cancellation of a booked BakeNight-Event. A possible right of withdrawal according to section IV is not affected by this.
- BakeNight allows its Customers, however, in individual cases as a gesture of goodwill to make a rebooking or cancellation. Cancellation or rebooking requests must be sent to the BakeNight Customer service via e-mail: email@example.com. The approval of a rebooking or cancellation is decided in individual cases and is at the discretion of BakeNight.
- In the case of a cancellation approved by BakeNight, the Customer receives a Voucher in the amount of the value of the booked BakeNight-Event, which he can redeem at a later date, whereby Section VI. is applicable.
XIII. Change of service / failure / cancellation by BakeNight
- BakeNight is entitled to make changes to the content of booked BakeNight-Events, provided that the changes are not significant, are necessary and do not significantly affect the overall content of the BakeNight-Event. An insignificant change is, for example, if the artist leading a BakeNight-Event has to be replaced because the artist is ill, the location has to be changed for organizational reasons or the time of a BakeNight-Event is shifted by a maximum of one hour for organizational reasons. In the event of a significant change in services of essential contents of the booked BakeNight-Event, the Customer will be informed immediately and is entitled to rebook to another BakeNight-Event free of charge or to receive a Voucher for the value of the booked BakeNight-Event.
- BakeNight is entitled to cancel a BakeNight-Event at short notice for important reasons, for example if the artist entrusted with the execution of the BakeNight-Event no longer works with BakeNight, canceled the BakeNight-Event or has ceased his business operations or due to illness, bad weather or other cases of force majeure. In this case the Customer will be informed immediately and is entitled to rebook to another BakeNight-Event free of charge or to receive a Voucher for the value of the booked BakeNight-Event.
- The performance of individual BakeNight-Events can be bound to a certain minimum or maximum number of participants. If the required minimum number of participants for a BakeNight-Event is not reached, BakeNight is entitled to cancel the BakeNight-Event at the latest five days before the date of the BakeNight-Event. Customers who had purchased tickets for the BakeNight-Event will be informed immediately and can rebook to another BakeNight-Event free of charge or receive a Voucher for the value of the booked BakeNight-Event.
- In the event of price differences between the BakeNight-Events in the event of a rebooking, the respective difference will be refunded or is to be settled by the Customer.
- Section VI. is applicable to the redemption of vouchers.
- BakeNight is liable for deficiencies according to the applicable legal regulations. Warranty claims regarding the artistic design are excluded.
- Against entrepreneurs, the assertion of warranty claims is limited to 12 months from delivery. The limitation of the guarantee does not apply to the absence of assured characteristics or fraudulent intent.
- Minor deviations from the product illustrations are possible. This may be due to customary deviations in colour, structure and surfaces caused by the materials and manufacturing methods used, as well as by the respective lighting conditions at the time the picture was taken, the resolution of the picture and the screen settings or the inaccuracy that may occur. These deviations do not constitute a material defect and do not justify a warranty right. If the Customer wishes more detailed information about the Baking Accessories and their properties, further photos and descriptions can be requested in writing.
- BakeNight is liable for damages caused by them or their agents only in case of intent and gross negligence. Otherwise, it is liable for slight negligence only if an obligation is violated, the compliance with which is of particular importance for the achievement of the contract purpose (cardinal obligation). Of particular importance are those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the Customer or participant may rely. This liability is limited to foreseeable or typical damages.
- Contractual liability claims of entrepreneurs are subject to a limitation period of one year from the statutory start of the limitation period.
- The limitations of liability do not apply in the case of intent and gross negligence of BakeNight or its vicarious agents as well as for the absence of guaranteed properties, fraudulent intent, injury to life, limb or health or a liability under the Product Liability Act.
XVI. Data Protection / Consents
- The Customer confirms that he has taken note of the Information on Data Processing of BakeNight. If consents of affected persons are required, the Customer shall ensure that all affected persons who have taken note of Information on Data Processing of BakeNight and have submitted any necessary declarations of consent.
- The Customer confirms that from him or at his instigation of third parties to BakeNight transmitted, personal data in accordance with the relevant provisions of data protection were collected and processed.
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. This applies to consumers only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn from the consumer.
- If the Customer is an entrepreneur, 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 BakeNight is the seat of BakeNight. BakeNight is entitled, but not obliged, to sue at the seat of the Customer.
- The European Commission provides a platform for online dispute resolution (OS). This is available under http://ec.europa.eu/consumers/odr/.
- BakeNight does not take part in the dispute resolution procedure before the universal arbitration board of the Center for Conciliation e.V. (Strassburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de)).
- This text is subject to German law and shall be construed in accordance with German law. The attached English version is for information purposes only and is not part of the legal transaction. In the event of discrepancies between the German and English versions, therefore, only the German version shall apply.
State May 2020