I. General Terms and Conditions
§ 1 Basic provisions (1) The following terms and conditions apply to all contracts concluded between you and us as the provider (BLUEBIRD CONSULTING SERVICE LTD) via the website https://bluebirdconsulting.co.uk/. Unless otherwise agreed, any terms and conditions you may use will be contradicted.
(2) Consumer, as defined by the following provisions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods and/or the provision of repair services.
We sell the goods partially or exclusively as a commission agent in our own name on behalf of a third party as the owner of the goods. Regardless of this, we are the contractual partner with all rights and obligations.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in written form (e.g., via email), which you can accept within 5 days.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is accurate, that the receipt of emails is technically ensured, and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the suitable information, texts, or files necessary for the individual design of the goods, either via the online ordering system or by email, immediately after the conclusion of the contract. Any specifications regarding file formats are to be observed.
(2) You undertake not to transmit data whose contents violate the rights of third parties (in particular copyrights, name rights, trademark rights) or violate existing laws. You expressly indemnify us against any claims asserted in this regard by third parties. This also includes the costs of legal representation incurred in this context.
(3) We do not check the transmitted data for their content accuracy and assume no liability for errors in this regard.
§ 4 Conclusion of the contract for courses
(1) The subject matter of the contract is the provision of courses.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding offer (order) via the online shopping cart system. The courses intended for booking are placed in the «shopping cart.» You can access the «shopping cart» using the corresponding button in the navigation bar and make changes there at any time. After calling up the «Checkout» page and entering the personal data as well as the payment conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the opportunity to review all information once again, to change it (also via the «back» function of your internet browser), or to cancel the order. By submitting the order via the corresponding button, you submit a binding offer to us. Initially, you will receive an automatic email confirming the receipt of your order, which does not yet lead to the conclusion of a contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in written form (e.g., via email), in which the booking is confirmed (booking confirmation). If you do not receive a corresponding message, you are no longer bound by your booking. Any services already rendered will be refunded immediately in this case.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in written form (e.g., via email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is accurate, that the receipt of emails is technically ensured, and, in particular, that it is not prevented by SPAM filters.
§ 5 Service provision for courses
(1) The courses will be conducted as described in the respective offers at the agreed dates.
(2) If the implementation of the courses depends on the number of participants, the minimum number of participants can be found in the respective offer. If the minimum number of participants is not reached, we will inform you of the cancellation of the booked course no later than 7 days before the start of the course in written form (e.g., via email). Any services already rendered will be refunded immediately in this case.
(3) In the event of the cancellation of an individual event due to the sudden unavailability of the course instructor due to illness or other important reasons, any services already rendered will be refunded immediately. For events consisting of multiple dates, if a date is canceled due to the sudden unavailability of the course instructor due to illness or other important reasons, the canceled date will be rescheduled to an alternative date.
(4) In connection with the use of course rooms and objects, you must comply with the locally posted house rules. You must follow our instructions or the instructions of the course instructor.
§ 6 Withdrawal / Cancellation
(1) You can withdraw from the contract free of charge up to 14 days before the start of the course. The withdrawal must be in written form (e.g., email). The time of receipt of the withdrawal declaration by us is decisive for compliance with the deadline. Withdrawal is not possible less than 14 days before the start of the course.
(2) In the event of non-participation or partial participation in the booked course, no refund of course fees is possible.
(3) This additional right of withdrawal does not affect your statutory right of withdrawal, which exists independently of whether this additional right of withdrawal exists or not.
§ 7 Replacement participant
You can name a substitute participant at any time before the start of the course. This change will not incur any costs for you.
§ 8 Service provision for repairs
(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide these services to the best of our knowledge and belief personally or through third parties.
(2) You are obliged to cooperate, in particular, you must describe the defect existing on the device as comprehensively as possible and provide the defective device.
(3) You bear the costs of sending the defective device to us.
§ 9 Special agreements on the offered payment methods
(1) SEPA direct debit (basic and/or company direct debit) By selecting SEPA basic direct debit or SEPA company direct debit as the payment method, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 10 days after the conclusion of the contract. The deadline for the advance notice (pre-notification) is shortened to 5 days before the due date. You are responsible for ensuring that the account has sufficient funds at the due date. In the event of a return debit due to your fault, you must bear the resulting bank charges.
§ 10 Right of retention, reservation of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional provisions apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of the combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 11 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to comply with this will not affect your statutory warranty rights.
(3) If you are an entrepreneur, the following provisions deviating from the above warranty regulations apply:
a) Only our own information and the product description of the manufacturer are deemed to be the agreed-upon characteristics of the goods; we do not assume any liability for other advertisements, public praise, or statements made by the manufacturer.
b) In the event of defects, we provide warranty by rectification or replacement at our discretion. If the rectification fails, you may demand a reduction in price or withdraw from the contract at your discretion. The rectification is deemed to have failed after the unsuccessful second attempt, unless something else arises, in particular, from the nature of the item or the defect, or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.
c) The warranty period for entrepreneurs is one year from the date of delivery of the goods. The shortening of the warranty period does not apply:
- to damages attributable to us that have been caused intentionally or through gross negligence, including damages resulting from injury to life, body, or health, and other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
- to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- to statutory recourse claims that you have against us in connection with warranty rights.
§ 12 Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services resulting from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the lawsuit is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
- Identity of the seller
BLUEBIRD CONSULTING SERVICE LTD, 14 St. Marys Way, Guildford, Surrey, GU2 8JY, United Kingdom Phone: +44 148 360-41-94 Email: [email protected]
Alternative dispute resolution: The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
- Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the provisions «Conclusion of the Contract» of our General Terms and Conditions (Part I).
- Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order, the contract data can be printed out or electronically saved using the print function of the browser. After the order has been received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. In the case of inquiries made outside of the online shopping cart system, you will receive all contract data as part of a binding offer in written form, e.g., by email, which you can print out or save electronically.
- Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and payment conditions
5.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been agreed upon.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.5. Unless otherwise agreed, payment for courses must be made no later than on-site on the day of the course. Otherwise, there is no entitlement to participation.
- Delivery conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment will only pass to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
- Legal warranty for defects
The warranty for defects is based on the regulations «Warranty» in our General Terms and Conditions (Part I).
