Conditions

Isa Cave Yoga Terms and Conditions
Last updated: November 15, 2020

1. SCOPE AND SUBJECT

1.1 These General Terms and Conditions (“Terms and Conditions”) apply to the room fragrances and CDs offered by us, Isa Cave Yoga, owner: Isa-Maria Cave, Auf der Hüll 3, 53913 Swisttal, Germany (hereinafter also referred to as “Isa Cave Yoga”) , “we” or “us” or similar) are sold via this website as a product or download version to you, the customer (references to “you” or “your” are to be interpreted accordingly). Customers can be entrepreneurs or consumers.

1.2 By submitting your order or registering on this website, you agree to these Terms and Conditions. Differing terms and conditions of our customers that are not expressly acknowledged by us in writing are not binding for us. At the same time, our customers waive the right to assert their own purchasing conditions. They do not become part of the contract through silence or unconditional delivery or service.

1.3 The products offered on our website are aimed exclusively at adults.

1.4 We would like to point out that 100% availability of our website and all of its subpages cannot be technically achieved. However, we strive to keep our website and its subpages available as constantly as possible. Maintenance, security or capacity concerns, etc. as well as events that are beyond our control (such as disruptions to public communications networks, power outages, etc.) may lead to short-term disruptions or the temporary discontinuation of the services associated with this website. In such cases, we will do our best to resolve the problem as quickly as possible.

1.5 We reserve the right to change the services offered on our website and its subpages at any time or to offer different services, unless this is unreasonable for the user.

1.6 We reserve the right to change our terms and conditions at any time without giving reasons, unless this is unreasonable for the user.

1.7 We recommend that you print out or save these General Terms and Conditions, as well as our data protection declaration and our disclaimer of liability provisions. Our data protection declaration and our disclaimer provisions are also part of these terms and conditions. If you have any questions, we are happy to help you at any time.

2. CONTRACT OFFER, CONCLUSION OF CONTRACT

2.1 The prices, price offers and descriptions listed or mentioned on this website do not constitute offers within the meaning of Section 145 of the German Civil Code (BGB), but rather merely a so-called invitatio ad offerendum. Only the customer's order from us constitutes a contractual offer within the meaning of Section 145 of the German Civil Code (BGB), which we can accept or not based on our own free decision. Before the contract is concluded, we may change our prices, license conditions, procurement conditions or procurement guidelines at any time.

2.2 After the customer has made a contractual offer to us within the meaning of Section 145 of the German Civil Code (BGB) through his order, we are entitled to accept the customer's application to conclude the contract within a period of 14 days. The customer's order can only be placed online via our website.

2.3 The contract between us and the customer is only concluded when we confirm the order to the customer or - alternatively - when we have sent your ordered products or access data to services to you or released them for download. The order confirmation can be made in writing, verbally, by telephone or online.

2.4 Before we accept the customer's contractual offer within the meaning of Section 145 of the German Civil Code (BGB), an automatic email confirmation of your order may be generated. Such an order confirmation gives you the opportunity to confirm your entries or correct any input errors before the contract is concluded. Please note that this automatic order confirmation does not constitute acceptance of your order by us. Order confirmations are headed with the word “order confirmation”.

3. CANCELLATION POLICY (ONLY FOR CONSUMERS)

I. Right of withdrawal:

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
To exercise your right of withdrawal, you must contact us:

Isa Cave Yoga, Isa-Maria Cave, Auf der Hüll 3, 53913 Swisttal, isa@isacaveyoga.de

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods; these will not be reimbursed by us! You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to sealed goods such as room fragrances, CDs or similar.
The prerequisite is that you have removed the seal. The right of withdrawal does not apply to download products such as eBooks, audio books or similar.
END OF REVOCATION

4. YOUR REPRESENTATIONS

You represent and warrant that all information you provide when ordering the product, including any information you may provide regarding your bank details or credit card information, is current and correct and that the information is sufficient for us to fulfill your product order and process payment.

5. PRICES AND PAYMENT TERMS

5.1 Unless otherwise expressly agreed, the prices for products apply at the time of service by us. In the event of deviations, the prices stated on our website or in the order confirmation are not relevant, but only the prices contained in our declaration of acceptance (order confirmation). In the event of such a deviation, our declaration of acceptance (order confirmation) does not yet lead to the conclusion of the contract. In such a case, our declaration of acceptance (order confirmation) merely represents a new offer from us to you, which you can either reject or accept by executing the order or otherwise expressly confirming the order.

5.2 We are entitled to withdraw discounts or adjust prices at any time before we accept your order to take account of increases in costs, in particular increases or introduction of taxes, customs duties or other charges as well as changes in currency exchange rates. The regulation in 5.1 (sentences 2 and 3) also applies here.

5.3 Unless otherwise stated, prices are in the currency stated on the Website.

5.4 The prices for the respective items are exclusive of VAT. (Exempt from VAT. According to the Small Business Act)

5.5 Various payment options are available to the user depending on the tariff and service or product. Unless something different has been agreed between the parties in writing or nothing different is contained in the service or product-specific service descriptions or price lists, payments are to be made at the customer's discretion (1) via the Pay-Pal payment system, (2) or by advance payment (bank transfer ) to be paid from a German account.

5.6 The customer only has the right to offset if his counterclaims have been legally established or are undisputed by us. In addition, the customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

5.7 If the customer defaults on payment, we are entitled to charge interest on arrears amounting to 5 percentage points per annum above the base interest rate announced by the European Central Bank. If we can prove higher damages due to the customer's default in payment, we are entitled to claim this. If the customer defaults on payment, we are only obliged to provide further services if the customer has paid the entire outstanding amount and has provided security for further services on our part.

6. INSOLVENCY AND THE SIMILAR

In the event that you declare yourself bankrupt, enter into an out-of-court settlement with creditors, a court order for liquidation is made against you, you are subject to or take a similar action due to debts, or if we have other reasons to believe that If you are unable to pay your debts when due, we may, without prejudice to our other rights, - reject your order, - stop paid services and services.

7. USAGE RIGHTS

7.1 END USER LICENSE TERMS TAKE PLACE
The products available for download through this website are licensed by us or the applicable licensor in accordance with the applicable end user license terms or other license terms applicable to the product. These products may only be reproduced, distributed, made publicly available, adapted, translated, made available, distributed, modified, back-translated or combined with other products to the extent expressly permitted by (i) the license conditions or (ii) the relevant laws is permitted.

7.2 IN THE EVENT THERE ARE NO END USER LICENSE TERMS FOR THE APPLICABLE PRODUCTS In the event that there are no end user license terms or other license terms for the applicable Products, the following license terms in 7.2.1 to 7.2.2 shall apply to the The products we sell can be used:

7.2.1 License. By paying the purchase price in accordance with point 5 of these General Terms and Conditions and if and as long as you adhere to the provisions of these General Terms and Conditions in the future, we grant you a simple (non-exclusive) and non-transferable right of use to the products in question for the duration of the copyright. Otherwise, the provisions of the Copyright Act (UrhG) should apply.

7.2.2 No editing etc. We would like to emphasize that you do not have the right to edit. You also have no right to change our products in any other way, unless you are permitted to do so under the Copyright Act.

8. LIMITATION OF LIABILITY

8.1 Our liability for other damage caused by our products is excluded or limited, unless this is due to an intentional or grossly negligent breach of duty by us or an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents.

8.2 This limitation of liability does not affect any mandatory legal liability based on the Product Liability Act (Section 14 Product Liability Act).

8.3 You are obliged to take all actions that become necessary and can reasonably be expected of you in order to prevent and reduce damage. You are also required to make backup copies of your files at reasonable intervals, but at least once per day, so that destroyed or lost data can be restored with reasonable effort. Failure to fulfill this obligation can be viewed as contributory negligence and lead to a corresponding reduction in any compensation claim you may be entitled to (see § 254 BGB).

9. RIGHTS OF THIRD PARTIES

You must indemnify and hold us harmless from all liability and from all claims and costs that are asserted against us or brought to our attention as a result of your violation of the property rights or intellectual property rights of third parties in the product.

10. YOUR RIGHTS IN THE CASE OF PERFORMANCE OF A DEFECTIVE PRODUCT

10.1 If there is a defect in the purchased item, the statutory warranty regulations apply, unless otherwise stated below. The assignment of these claims by the customer is excluded.

10.2 A product is defective if it does not have the agreed quality or violates industrial property rights, copyrights or other rights of third parties.

10.3 A defect in the purchased item does not exist in the event of mere compatibility problems of the purchased item with other products, both in terms of hardware and software, unless this is expressly agreed otherwise between the parties. Both parties are aware that, given the current state of technology, it is not possible to rule out all technical problems, to produce completely error-free products or to correct every software defect.

10.4 A warranty on our part does not apply if the defects are due in part or entirely to incorrect handling, incorrect use, inappropriate maintenance or installation or to non-compliance with the manufacturer's instructions or other instructions provided by us for the purchased software.

10.5 If you exercise a statutory right of withdrawal as a result of a defect, your right to use the product you purchased will end. In this case, you must immediately remove the files of the e-books, etc. from all attachments, storage media and other files and destroy the products and all copies of the software. In addition, by exercising your right of withdrawal, you undertake to make a separate written declaration that you will undertake or have already undertaken the above actions.

11. OBLIGATION TO INVESTIGATE AND REPRESENT COMPLAINTS

11.1 Notices of defects must be reported to us immediately in writing (to: Isa Cave Yoga, owner: see above, email: isa@isacaveyoga.de ), in the case of obvious defects, no later than five working days after receipt of the goods. In the case of hidden defects, the right to complain expires one year after the buyer receives the goods.

11.2 In the case of hidden defects or damage that is not externally visible, the steps listed in 11.1 must be taken immediately after the damage is discovered.

12. PERMITS, CUSTOMS DUTIES AND EXPORTS

12.1 If your purchase or use requires an authorization or license from the government or other authority of your country or another country, it is your responsibility to obtain such authorization or license at your own expense and to provide evidence of it to us upon request. Failure to collect does not entitle you to withhold or delay payment for the goods. All costs and expenses incurred by us as a result of this failure to collect must be borne by you.

12.2 The products sold to you under these Terms and Conditions may be subject to certain export control laws or regulations in the delivery territory in which you receive them or use them, as well as in other jurisdictions. It is your responsibility to obey these laws and not to do anything that might violate them.

12.3 Goods imported into the European Economic Area (EEA) over a certain value may be subject to customs duties. You may be required to pay customs duties, import duties and taxes when the goods arrive at the location specified by you. We would like to point out that all such additional costs for customs clearance as well as import duties or taxes must be borne by you, as these are beyond our control and are not known to us. You can obtain further information about customs policies or duties from, among other places, the customs office responsible for your jurisdiction.

13. PRIVACY

With regard to data protection issues, please note our data protection information.

14. NO ASSIGNMENT

You are not entitled to assign or transfer your rights under these Terms and Conditions to any third party.

15. NO WAIVER

A waiver of one or more conditions of these General Terms and Conditions must be in writing and signed by us to be effective. Any waiver of any breach of the Terms shall not be construed as a waiver of any present or future claims by us for any breach by you.

16. APPLICABLE LAW, JURISDICTION, SEVERABILITY

16.1 The law of the Federal Republic of Germany applies to these General Terms and Conditions. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

16.2 If you are a merchant, a legal entity under public law or a special fund under public law, 53359 Rheinbach should be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The court language and the language in out-of-court dispute resolution procedures is German.

16.3 Should a provision in these General Terms and Conditions be or become ineffective, this will not affect the existence of these General Terms and Conditions or the contracts concluded on the basis of these General Terms and Conditions. The invalid provision will be replaced by an effective provision that comes closest to the economic meaning of the invalid provision.