Terms & Conditions
You can retrieve, search, purchase and download an application (“App”), scripts and other digital products, such as MP3s, in our online shop. Apps and other digital products include content, services, technology and data that you download via our shop or use (including after download).
These are the contract terms that are concluded between Kiez Hypnose Berlin, Bernhard Tewes, Petersburger Platz 3, 10249 Berlin – hereinafter referred to as “Kiez Hypnose” – and you as the Customer, in the context of contracts of purchase with regard to such scripts, apps and other digital products.
- 1 Scope
Only the following Terms & Conditions, in the version applicable at the time of the order, apply to the commercial relationship between Kiez Hypnose and the Customer. Any of the Customer’s terms that deviate from these Terms & Conditions will not be recognised, unless Kiez Hypnose has expressly agreed to their validity in writing.
These Ts & Cs apply accordingly to the purchase of vouchers, unless expressly regulated otherwise.
- 2 Conclusion of the contract
You can choose products from the Kiez Hypnose range and add them to your cart using the “Add to cart” button. By using the “Buy now” button, you are making a binding request to purchase the products in your cart. You can check and amend the data at any time before sending your order. The order process can be terminated by closing the web browser. The request can only be made and transmitted if you accept these contract terms by clicking the button “By placing your order you confirm that you agree with our Terms & Conditions and Cancellation Policy” , and thus include them in your request.
Receipt and acceptance of your order will be confirmed by automatic email as soon as you send your order. The contract of purchase comes into being with this email confirmation.
Kiez Hypnose saves the contract text and sends the order data to the Customer by email. Previous emails can be viewed under My account/My orders in the customer area.
- 3 Using and downloading digital products
If you have ordered a digital product and paid us the relevant purchase price, you can download a copy onto a device for your personal use. Our App can only be downloaded onto devices that use the Android platform and that meet certain other technical requirements.
You cannot cancel your purchase of a digital product once its delivery has begun, i.e. it is being downloaded. By placing an order, you agree to purchase a digital product.
We do not accept returns of digital products that are not based on statutory warranty claims. As soon as you have purchased a digital product, we will ask you to download and use it immediately to make sure that you have received the product. If you cannot complete a download or access the digital product, please contact our customer services by emailing firstname.lastname@example.org or by using our contact form.
After purchasing a digital product or after we have provided it, you are responsible for completion of the download and the entire risk of losses after download, including losses caused by a malfunction in the device.
- 4 Restrictions for digital products
Our digital products can be protected by a Digital Rights Management (“DRM”) system. If you uninstall our App from your device, you might no longer be able to access our digital products on your device or be able to use them, if we have protected them with DRM.
You are not permitted to try to deactivate, circumvent, modify, overcome or otherwise avoid DRM or any other security or content protection system.
- 5 Data about digital products
We respect your privacy and our App and digital products will not access files or other information on a device on which your apps or digital products are located, if these files and information are not used by those of our App or for performance of our digital products or otherwise linked to them.
Our App provides information about download, use and performance of the App, as well as information about the devices on which you have downloaded and use our App. For example, the App can provide information about device type, networks, IP address, information about your internet provider, the location of the device on which the App is running, information about when the App is started, individual session length or why an app isn’t working. Any information that we receive is subject to our Privacy Statement at https://www.hypnobox.de/datenschutz/.
- 6 Separate licence for use of digital products
Your use of a digital product is regulated by the provisions and conditions of an end user licence agreement (“EULA”). We have the right to enforce the terms of the EULA against you. If you do not agree with the EULA for a digital product, you cannot use this product. The EULA contains the following end user licence terms:
(i) HypnoBox is the licensor of the Hypnosis App and digital hypnosis products.
(ii) HypnoBox grants you a restricted, non-transferrable licence to download and use the App and other digital products for personal and non-commercial use.
(iii) You can download more copies of our App onto Android-compatible devices and our other digital products onto other compatible devices.
(iv) You are not permitted to wholly or partially modify, disassemble or decompile (unless a right to decompilation cannot be excluded or restricted by law, and then only if the express approval of HypnoBox has been requested and refused) any of our digital products. You are also not permitted to create derivative products or to sublicense the rights to our App or our other digital products, unless HypnoBox has expressly approved this in writing.
(vi) Our digital products are protected by copyright and other intellectual property rights and agreements. HypnoBox holds all of the ownership rights, copyright and other rights to intellectual property to the Hypnosis App and the digital hypnosis products.
- 7 Reservation of rights and usage restriction for digital products.
We reserve the right to change, remove, block or deactivate our digital products, including our App, without notification or liability.
The service is offered in Germany. We can restrict access from other locations.
- 8 Prices and delivery charges
The prices quoted by Kiez Hypnose are final prices, excluding any delivery costs.
All prices quoted by Kiez Hypnose are inclusive of VAT at the legally applicable rate.
Any delivery costs are shown in the order form. The Customer pays the delivery costs. The products are sent by post. If the Customer is a consumer, Kiez Hypnose bears the shipping risk.
- 9 Payment methods
You can make your payment using the following methods: PayPal, credit card, direct debit.
You can change the payment method saved in your user account, at any time.
Payment of the purchase price is due immediately upon conclusion of the contract.
If the due date of the payment is determined by calendar, the Customer is in arrears if the payment is not made by the due date. In this event, the Customer has to pay Kiez Hypnose interest on late payment amounting to 5 percentage points above the basic rate. The Customer’s obligation to pay interest on late payment does not prevent Kiez Hypnose from claiming further damages caused by default.
- 10 Retention of title
Kiez Hypnose retains ownership of the products delivered until payment has been made in full.
- 11 Guarantee against defects of quality, warranty
Statutory warranty rights exist for all products in our shop.
Kiez Hypnose is liable for defects of quality pursuant to the applicable regulations, in particular §§ 434 ff. BGB [German Civil Code]. The obligation under warranty on products supplied by Kiez Hypnose amounts to 12 months in respect of traders.
An additional warranty on products supplied by Kiez Hypnose only exists if this has been explicitly given in the order confirmation for the product in question.
- 12 Liability
The Customer cannot make any claims for compensation. This does not include claims for compensation by the Customer for death, physical injury, harm to health or violation of essential contractual obligations (material obligations), or liability for other damages that are based on an intentional or grossly negligent violation of obligations by Kiez Hypnose, its legal representatives or agents. Essential contractual obligations are obligations whose fulfilment is required to achieve the objective of the contract.
In the event of violation of essential contractual obligations, Kiez Hypnose is only liable for foreseeable damages that are typical of the contract, if caused by ordinary negligence, unless these claims for compensation by the Customer result from death, physical injury or injury to health.
The limitations of para. 1 and 2 also apply in favour of the legal representatives and agents of Kiez Hypnose, if claims are directly asserted against them.
The regulations of the law on product liability are not affected.
- 9 Concluding provisions
- Only German law applies. The UN Convention on the sale of goods does not apply. If the Customer is a trader, legal person under public law or a special fund under public law, the place of jurisdiction is the headquarters of Kiez Hypnose.
- Amendments and supplements to this contract must be in writing, must be explicitly identified as such, and must be signed by the Customer and Kiez Hypnose.
- If one or more of the provisions of these Ts & Cs is or are or become wholly or partially ineffective, this does not affect the effectiveness of the other provisions. An effective provision that comes as economically close as possible to the intention of the parties to the contract is considered to have been agreed in place of the ineffective provision. The same applies to any loopholes. Ts & Cs as of: 31/10/17