Terms of Service


1. SCOPE

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their 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 contradicted; they only become part of the contract if we have expressly agreed to this.


2. CONTRACTUAL PARTIES, CONCLUSION OF CONTRACT, CORRECTION POSSIBILITIES

The purchase contract is concluded with Sergej Rose (freelancer), BINAURAL BLOSSOMS.

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


3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.


4. TERMS OF DELIVERY

All products offered are digital in nature and are sent by email upon completion of the binding order.

 


5. PAYMENT

Our stated prices are final prices. According to § 19 UStG, we do not charge sales tax and therefore do not report it (small business regulation).

The following payment methods are generally available in our shop:

Credit card


When placing the order, enter your credit card details. Your card will be charged immediately after placing the order.

PayPal, PayPal Express


In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

PayPalPlus


In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer you the following payment options as PayPal services. Unless otherwise regulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information for the respective payment option and in the ordering process.

PayPal


In order to be able to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order.

Immediately by Klarna


In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

giropay / paydirekt


In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.

giropay


In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

paydirect


In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.

Klarna


In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.


6. RIGHT OF WITHDRAWAL

According to § 356 paragraph 5 BGB

In the case of a contract for the delivery of digital content that is not on a physical medium, the right of withdrawal also lapses if the entrepreneur has started to perform the contract after the consumer:

  • has expressly consented to the entrepreneur starting to perform the contract before the end of the cooling-off period and

  • has confirmed his knowledge that he loses his right of withdrawal through his consent at the beginning of the execution of the contract.

The consumer expressly consents to the execution of the contract before the end of the cooling-off period. He acknowledges that the right of withdrawal expires at the beginning of the execution of the contract.


7. WARRANTY AND GUARANTEES

Validity of the statutory right to liability for defects

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  * in the event of injury to life, limb or health
* in the case of intentional or grossly negligent breach of duty and fraudulent intent
* in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
* as part of a guarantee promise, if agreed, or
* as far as the area of application of the Product Liability Act is open.

Restrictions on Consumers

The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

Restrictions on Entrepreneurs

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

regulations for merchants

The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Guarantees and After-Sales Service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

 

8. RIGHTS OF USE

Unless otherwise stated, the terms of use and rights specified in the license document (found in the product delivery) apply.

In addition, it applies to all products that reuse or further use as a stand-alone product or unchanged as part of a larger product (stock, template, etc.) without prior approval is not permitted.


9. LIABILITY

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

  •   in the event of injury to life, limb or health,

  •   in the event of intentional or grossly negligent breach of duty,

  •   in the case of a promise of guarantee, if agreed, or

  •   as far as the area of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.


For the rest, claims for damages are excluded.

This also applies in particular to the use of the purchased products, which do not claim to be effective or have any therapeutic/medical benefits. The consumer ensures that the products are used in a safe setting and, where necessary, medical advice is taken into account.

10. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.


11. FINAL PROVISIONS

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.


Terms and Conditions created with the Trusted Shops [https://legal.trustedshops.com/] legal copywriter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].