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General Terms and Conditions

General Terms and Conditions and Customer Information

 

Disclaimer: The products offered on this site are audio files intended for personal development and self-improvement purposes only, and not to be considered or used as a substitute for professional medical advice, diagnosis, or treatment. Our subliminal audio collections use affirmations and sound waves to help guide your thoughts and willpower, but they should not be relied upon for treating or diagnosing health conditions. Always consult with a qualified healthcare provider for any questions you may have regarding a medical condition. If you choose to use our products, you do so at your own risk and acknowledge that they are not a replacement for medical treatment or advice. The creators of this site and its products accept no liability for any harm or loss that may occur as a result of using these products.

 

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you enter into with us as a provider (Sadik Bayrak) via the website www.subliminal-silence.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.

(2) “Consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly can neither be attributed to their commercial nor their independent professional activity. “Entrepreneur” is any natural or legal person or a legal partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of digital content (data created and provided in digital form).

(2) By listing the respective digital content on our website, we make you a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The digital content intended for purchase is 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 clicking the “checkout” or “continue to order” button (or similar designation) and entering your personal data and payment conditions, the order data is displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or to the provider’s website for the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data is displayed as an order overview on the provider’s website for the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview, make changes (also using the “back” function of the internet browser), or cancel the order.

By submitting the order using the corresponding button (“order with payment obligation,” “buy” / “buy now,” “order for a fee,” “pay” / “pay now,” or similar designation), you legally accept the offer, resulting in the conclusion of the contract.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not prevented by SPAM filters.

§ 3 Usage License for Digital Content

(1) The offered digital content is protected by copyright. For each digital content purchased from us, you will receive a usage license from the respective licensor. The type and scope of the usage license are determined by the licensing terms mentioned in the respective offer.

§ 4 Individually Designed Digital Content

(1) You provide us with the necessary suitable information, texts, or files for the individual design of the digital content via the online ordering system or by email no later than immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws. You expressly indemnify us from all claims made by third parties in this context. This also includes the costs of any necessary legal representation in this context.

(3) We do not review the submitted data for substantive accuracy and assume no liability for errors in this regard.

(4) If indicated in the respective offer, we will send you a correction template that you must check immediately. If you agree with the draft, you approve the correction template by countersigning in text form (e.g., email) for execution. The design work will not be carried out without your approval. You are responsible for checking the correction template for correctness and completeness and notifying us of any errors. We assume no liability for errors not reported.

§ 5 Special Agreements on Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout”
If you choose a payment method offered through “PayPal” / “PayPal Checkout”, payment processing will be carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, “PayPal” may use additional payment services; special payment conditions may apply in these cases, and you will be separately informed about them. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

§ 6 Right of Retention

You may only exercise a right of retention if it concerns claims from the same contractual relationship.

§ 7 Warranty

(1) The statutory liability for defects applies.

(2) If a feature of the digital content deviates from the objective requirements, the deviation shall only be considered as agreed if you were informed of the deviation by us before submitting the contractual declaration and the deviation was explicitly and separately agreed upon between the parties to the contract.

(3) If you are a business, the following warranty provisions apply in deviation from the above warranty regulations:

a) The agreed quality of the digital content shall only include our own specifications and the manufacturer’s product description, but not any other advertising, public promotions, or statements made by the manufacturer.

b) In the event of defects, we provide a warranty at our discretion through rectification or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be considered unsuccessful after a second unsuccessful attempt unless the nature of the digital content or the defect or other circumstances indicate otherwise.

c) The warranty period is one year from the delivery of the digital content. The shortening of the period does not apply:

to damages attributable to us caused by injury to life, body, or health and for other damages caused intentionally or through gross negligence;
if we have fraudulently concealed the defect or assumed a guarantee for the quality of the digital content;
for items that have been used for a building according to their usual use and have caused its defectiveness;
for legal recourse claims you have against us in connection with rights to defects.
§ 8 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 consumer’s habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our place of business if 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 unknown at the time the action is filed. The authority to call upon a court at another legal venue remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller
Sadik Bayrak
Agnes-Miegel-Weg 10
42859 Remscheid
Germany
Phone: 02191 374 6970
Email: info@subliminal-silence.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are made in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order, the contract data can be printed or saved electronically using the browser’s print function. After we receive your order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again via email.

Essential features of the goods or services
The essential features of the goods and/or services can be found in the respective offer.

Prices and payment methods
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

5.2. No shipping costs apply.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear.

5.4. You will bear any costs of money transfer (transfer or exchange rate fees of credit institutions) in cases where delivery is made to an EU member state but payment is initiated outside the European Union.

5.5. The available payment methods are indicated under a corresponding button on our website or in the respective offer.

5.6. Unless otherwise stated for individual payment methods, the payment claims from the concluded contract are due for payment immediately.

Provision
6.1. The conditions for the provision, the provision date, and any existing provision restrictions can be found under a corresponding button on our website or in the respective offer.

Legal warranty rights
The warranty liability is based on the “Warranty” provision in our General Terms and Conditions (Part I).

Disclaimer for External Links

Our website contains links to external websites of third parties over which we have no control. Despite careful content control, we assume no liability for the contents of external links. The respective provider or operator of the sites is always responsible for the contents of the linked sites. The linked sites were checked for possible legal violations at the time of linking. No illegal content was identifiable at the time of linking.

However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately. Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages.

Please be aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

By using our website, you hereby consent to our disclaimer and agree to its terms.

These terms and conditions and customer information have been prepared by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

Last update: November 29, 2022