Terms & Conditions
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1. General
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These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts concluded between SoundFlow Music e.U. via the online shop www.kernplants.com, Owner: Daniel Kern and customers who are consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
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2. Recognition of the Terms and Conditions
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The customer accepts these terms and conditions and agrees to them as soon as he places an order. The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual abode in Austria or if he is employed in Austria, only the jurisdiction of the court can be established for an action against him in whose district the domicile, habitual abode, or place of employment is located; this does not apply to legal disputes that have already arisen.
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3. Defense Clause
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The inclusion of general terms and conditions or contractual conditions of the customer that deviate from these terms and conditions will be rejected unless they are approved by SoundFlow Music e.U. expressly recognized.
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4. Conclusion of the Contract
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4.1. The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to submit an offer himself. The customer submits the offer in the legal sense by placing the order. The confirmation of the receipt of the order takes place together with the acceptance of the order immediately after sending it by an automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
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4.2. In the overview of the assortment of the online shop www.kernplants.com, the customer can select the desired product (s) by clicking on the button "Add to cart". The selected goods are temporarily stored in the shopping cart during the customer's visit to the website www.kernplants.com. The ordering process is continued by clicking the “Checkout” button next to the goods listed in the shopping cart. On the following page, the customer is asked to log in to the online shop, provided they already have an account, or to register for the first time. Order as a guest customer is also possible. The customer then selects the place of delivery he has chosen and the method of payment he wishes and enters the data required for the execution of the payment and delivery. When choosing external payment services such as PayPal, Klarna, Stripe, iDeal, or Alipay the customer is redirected to the external website of the respective payment service provider. Before the order is submitted, the data relevant to the order are summarized in an "order overview". The customer is free to check his information in the order overview again and, if necessary, to correct it, before sending his order to SoundFlow Music e.U. by clicking on the "Buy" button. sent. By clicking on the “Buy” button, the customer submits a binding purchase offer for the goods he has selected.
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4.3. SoundFlow e.U. sends a notification e-mail to the e-mail address provided by the customer after receipt of the order, in which the receipt of the order is confirmed and its content is reproduced (hereinafter referred to as "order confirmation"). Should SoundFlow Music e.U. refuse to conclude the contract, the customer will be informed as soon as possible by email.
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5. Storage of the Contract Text
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The text of the contract, i.e. the customer's information on the ordering process, is processed by SoundFlow e.U. and can be viewed by the customer under the link “My Account” à “My Orders”. Regardless of this, SoundFlow e.U. will send an order confirmation and these terms and conditions to the email address provided by the customer.
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6. Right of Withdrawal
6.1 Cancellation Policy
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A right to withdrawal can only exist if you bought goods for your private use. A withdrawal of the contract can be declared within 14 days without giving any reason.
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The time period starts with the delivery of the parcel but the actual day of delivery does not count. e.g.: delivery on 01/01/2020 – end of cooling-off period 01/15/2020.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
In some cases a consumer does not have the right to cool-off a contract free of charge, even if the order was made online: The supply of goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over (e.g. Cut Flowers ).​
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To exercise the right to cancel, you must inform us (SoundFlow Music e.U., Daniel Kern, Boerhaavegasse 21/22, 1030 Vienna, Austria, Email: kern.plants@gmail.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).
You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
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6.2 Cancellation form
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If you want to cancel your contract, please fill out this form and send it to the following address or to the following email address:
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SoundFlow Music e.U.
Daniel Kern
Boerhaavegasse 21/22
1030, Vienna Austria
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I/we hereby cancel the contract concluded by me/us for the purchase of the following goods (invoice number, name of the goods, price) ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… …………………………………………………………………………………………………………
Goods ordered on: ……………………………. (Date)
Goods received on: …………………………… (Date)
Name and Address of the Customer: ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… …………………………………………………………………………………………………………
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Place, Date: ……………………………………...
Signature of the consumer (only for notification on paper) ……………………………………………………
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6.3 Effects of Cancellation
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If you cancel this contract, we will reimburse you all payments received from you, including the costs of delivery (Express delivery costs will be reimbursed only if you send the package back to us with the same shipping method, otherwise we reimburse only the standard delivery costs).
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We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –
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(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
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We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
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6.4 Return of The Goods
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods. Please only send your returning package by the same delivery courier as the one you purchased before.
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If the goods were sent by UPS, the returning package should also be sent by UPS.
If the goods were sent by Post AT, the returning package should also be sent by Post AT.
If the goods were sent by DPD, the returning package should also be sent by DPD.
6.5 Consumer's Liability for Diminished Value of The Goods
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You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
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7. Prices
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7.1. All product prices are total prices; they contain the statutory sales tax (value-added tax).
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7.2. Price errors reserved. If the correct price is higher, the customer will be contacted; In this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, this price will be calculated.
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8. Shipping
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8.1 Shipping Day
We DO NOT ship living plants under extreme conditions (under 0°C or above 32°C ).
If your order contains living plants:
Orders to Austria will be shipped between Mon. and Wed.
Orders to EU will be shipped between Mon. and Tue.
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8.2 Shipping Courier
Orders to Austria will be shipped by Post AT or DPD
Orders to EU will be shipped by UPS or DPD
To locations that are not in the delivery range of UPS or DPD, we will ship via Post AT, DHL, or GLS.
8.3 Shipping Cost & Delivery Time
Austria
Standard : 5.99€ Approx. 2-4 Business Days
Express : 11.99€ Approx. 1 Business Day
DPD : 6.3€ Approx. 1-2 Business Days
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Belgium
Standard : 21.60€ Approx. 2-3 Business Days
Express : 51.60€ Approx. 1 Business Day
DPD : 20.6€ Approx. 2-4 Business Days
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Bulgaria
Standard : 21.60€ Approx. 3-4 Business Days
Express : 51.60€ Approx. 1-2 Business Days
DPD : 34.5€ Approx. 3-4 Business Days
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Croatia
Standard : N/A
Express : 51.60€ Approx. 3 Business Days
DPD : 20.6€ Approx. 2-3 Business Days
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Cyprus
Standard : N/A
Express : 51.60€ Approx. 2 Business Days
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Czech Republic
Standard : 18.00€ Approx. 1-2 Business Days
Express : 38.40€ Approx. 1 Business Day
DPD : 16.6€ Approx. 2-3 Business Days
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Denmark
Standard : 21.60€ Approx. 3-4 Business Days
Express : 51.60€ Approx. 1 Business Day
DPD : 20.6€ Approx. 2-4 Business Days
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Estonia
Standard : 21.60€ Approx. 4-5 Business Days
Express : 51.60€ Approx. 1 Business Day
DPD : 34.5€ Approx. 3-6 Business Days
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Finland
Standard : 21.60€ Approx. 4-5 Business Days
Express : 51.60€ Approx. 1 Business Day
DPD : 34.5€ Approx. 3-6 Business Days
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France
Standard : 21.60€ Approx. 3-4 Business Days
Express : 51.60€ Approx. 1 Business Day
DPD : 20.6€ Approx. 2-5 Business Days
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Germany
Standard : 18.00€ Approx. 2-3 Business Days
Express : 38.40€ Approx. 1 Business Day
DPD : 16.6€ Approx. 1-3 Business Days
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Greece
Standard : N/A
Express : 51.60€ Approx. 2 Business Days
DPD : 34.5€ Approx. 3-5 Business Days
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Hungary
Standard : 18.00€ Approx. 1-2 Business Days
Express : 38.40€ Approx. 1 Business Day
DPD : 16.6€ Approx. 1-3 Business Days
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Iceland
Standard : 26.77€ Approx. 2-3 Business Days
Express : 56.77€ Approx. 1 Business Day
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Ireland
Standard : N/A
Express : 51.60€ Approx. 1-2 Business Days
DPD : 34.5€ Approx. 3-4 Business Days
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Italy
Standard : 18.00€ Approx. 2-3 Business Days
Express : 38.40€ Approx. 1 Business Day
DPD : 20.6€ Approx. 2-4 Business Days
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Latvia
Standard : N/A
Express : 51.60€ Approx. 2 Business Days
DPD : 34.5€ Approx. 4-5 Business Days
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Liechtenstein
Standard : 26.00€ Approx. 2-3 Business Days
Express : 56.77€ Approx. 1 Business Day
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Lithuania
Standard : N/A
Express : 51.60€ Approx. 2 Business Days
DPD : 34.5€ Approx. 4-5 Business Days
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Luxembourg
Standard : 21.60€ Approx. 2-3 Business Days
Express : 51.60€ Approx. 1 Business Day
DPD : 20.6€ Approx. 2-3 Business Days
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Malta
Standard : N/A
Express : 51.60€ Approx. 2-3 Business Days
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Netherlands
Standard : 21.60€ Approx. 2-3 Business Days
Express : 51.60€ Approx. 1 Business Day
DPD : 20.6€ Approx. 2-4 Business Days
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Norway
Standard : 26.00€ Approx. 4-5 Business Days
Express : 56.77€ Approx. 1 Business Day
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Poland
Standard : 18.00€ Approx. 2-3 Business Days
Express : 38.40€ Approx. 1 Business Day
DPD : 20.6€ Approx. 2-3 Business Days
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Portugal
Standard : N/A
Express : 51.60€ Approx. 1-2 Business Days
DPD : 34.5€ Approx. 3-5 Business Days
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Romania
Standard : 21.60€ Approx. 2-3 Business Days
Express : 51.60€ Approx. 1 Business Day
DPD : 34.5€ Approx. 2-4 Business Days
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Slovakia
Standard : 18.00€ Approx. 2 Business Days
Express : 38.40€ Approx. 2 Business Days​
DPD : 16.6€ Approx. 2-3 Business Days
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Slovenia
Standard : 18.00€ Approx. 2-3 Business Days
Express : 38.40€ Approx. 1 Business Day
DPD : 16.6€ Approx. 1-3 Business Days
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Spain
Standard : 21.60€ Approx. 3-4 Business Days
Express : 51.60€ Approx. 1-2 Business Days
DPD : 34.5€ Approx. 3-5 Business Days
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Sweden
Standard : 21.60€ Approx. 3-4 Business Days
Express : 51.60€ Approx. 1-2 Business Days
DPD : 20.6€ Approx. 3-5 Business Days
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Switzerland
Standard : 26.00€ Approx. 3-4 Business Days
Express : 56.77€ Approx. 1-2 Business Days​
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8.4 To Non-EU Countries
Additional taxes, customs, or other charges may apply with shipments to countries that are not part of the EU, additional costs will be invoiced by relevant customs or tax authorities in your own country.
With every order, we will provide you an English or German Invoice, as well as individual plant passports.
For Non-EU customers, a phytosanitary certificate can be provided from us. Applying costs will be up to 95€ / per order. Preparation time for the application process will be up to 7 days. Plants will be shipped by UPS Express. If you have any further questions, please do not hesitate to contact us via Email: kernplants@gmail.com or Instagram: kern.plants
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8.5 Parcel Damage During Transport
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We are extremely careful in packing our plants.
Should your plants arrive damaged due to the shipping carrier's mishandling, please email us two documents ON THE DATE of delivery: the photos of the plants and the proof of the delivery date.
We will get back to you as soon as possible to work things out together.
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Plants are living goods, shipping may occur huge stress for them. Before buying a plant, please inform yourself about its needs to make sure that you can offer your plant an optimal environment upon arrival. We do NOT suggest you repot the plants within 2 weeks after arrival.
8.6 Non - Deliverability
If a parcel cannot be delivered due to incorrect address information on the part of the buyer, or if it is not picked up from a pick-up store, we will charge a flat rate in the amount of 30€.
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9. Terms of Delivery
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9.1. Unless otherwise agreed, delivery will be made to the address specified by the customer. We also deliver to packing stations.
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9.2. The expected delivery time is specified directly in the shopping cart.
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9.3. SoundFlow Music e.U. bears no responsibility in the event of delivery obstacles in the area of ​​suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances that SoundFlow Music e.U. are not represented, is SoundFlow Music e.U. entitled to withdraw from the contract in whole or in part. SoundFlow Music e.U. will inform the customer about this immediately. Claims for damages are excluded in this case. The customer will be informed of existing delivery restrictions before the order process begins.
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10. Due Date and Retention of Title
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10.1. The purchase price is due upon delivery of the goods at the latest.
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10.2. The delivered goods remain the property of SoundFlow Music e.U. until they have been paid for in full.
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11. Payment Method
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11.1 Stripe
On our website, we use a payment tool by Stripe, an American technology company, and an online payment service. Stripe Payments Europe (Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland) is responsible for customers within the EU. Therefore, if you choose Stripe as your payment method, your payment will be processed via Stripe Payments. Hence, the data required for the payment process is forwarded to Stripe where it is then stored.
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11.2 Klarna ​
On our website, we use the Klarna Checkout online payment system by the Swedish company Klarna Bank AB. Klarna Bank is headquartered in Sveavägen 46, 111 34 Stockholm, Sweden. If you choose this service, your personal data will be sent to Klarna, where it will be stored and processed.
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11.3 PayPal​
We use the online payment service PayPal on our website. The service provider is the American company PayPal Inc. The company PayPal Europe (S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg) is responsible for the European region. You can find out more about the data processed by using PayPal in the Privacy Policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
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11.4 iDEAL
We use iDEAL, a service for payment systems, on our website. The service provider is the Dutch company Currence B.V., Gustav Mahlerplein 33-35, Amsterdam, Noord-Holland 1082 MS, Netherlands. You can find out more about the data processed by using iDEAL in the Privacy Policy at https://www.ideal.nl/en/disclaimer-privacy-statement/.
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11.5 Visa
We use Visa, a global payment provider, on our website. The service provider is the American company Visa Inc. The company Visa Europe Services Inc. (1 Sheldon Square, London W2 6TT, Great Britain) is responsible for the European region. You can find out more about the data processed through the use of Visa in the Privacy Policy at https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html.
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11.6 Mastercard
We use the payment service provider Mastercard on our website. The service provider is the American company Mastercard Inc. The company Mastercard Europe SA (Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium) is responsible for the European region. You can find out more about the data processed by using Mastercard in the Privacy Policy at https://www.mastercard.de/de-de/datenschutz.html.
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11.7 American Express
We use American Express, a global financial services provider, on our website. The service provider is the American Express Company. For the European area, the company American Express Europe S.A. (Avenida Partenón 12-14, 28042, Madrid, Spain). You can find out more about the data processed by American Express in the Privacy Policy at https://www.americanexpress.com/de/legal/online-datenschutzerklarung.html.
12. Warranty
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12.1. Unless otherwise specified, the general statutory provisions apply.
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12.2. The warranty is excluded for defects caused by the customer. This is particularly the case with improper handling, incorrect operation, or unauthorized repair attempts.
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12.3. The shortened limitation period does not apply to damage caused by a grossly negligent breach of duty by SoundFlow Music e.U. or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of SoundFlow Music e.U. The shortened limitation period also does not apply to claims for damages due to the negligent or willful breach of essential contractual obligations. Essential contractual obligations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on to be observed.
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12.4. If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible. Failure to make a complaint or contact us has no consequences for the statutory warranty claims of consumers and only serves to support the provider in asserting his claims against the company commissioned with the delivery of the goods or the insurance company.
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12.5. As far as a manufacturer's guarantee exists, the customer has to assert the claims arising from this directly against the manufacturer. The liability of SoundFlow Music e.U. is excluded from the guarantee.
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13. Disclaimer of Liability
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13.1. Claims for damages by the customer against SoundFlow e.U. are excluded insofar as SoundFlow e.U. or their vicarious agents have not acted willfully or with gross negligence.
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13.2. Liability for damage to life, body, and health, for negligent or intentional breach of essential contractual obligations or to the extent that liability is mandatory under the Product Liability Act or due to negligence when the contract is concluded or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected. Essential contractual obligations are obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer can regularly rely on.
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14. Right of Set-off / Right of Retention
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14.1. The customer is not entitled to offset against our claims unless the customer's counterclaims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract.
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14.2. The customer may only exercise a right of retention if his counterclaim is based on the same sales contract.
15. Privacy Policy
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You can find more information on our ''Privacy Policy'' page
16. Changes to the General Terms and Conditions / Reservation of Changes
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We are entitled to unilaterally change these general terms and conditions, insofar as this is necessary to remove equivalence disruptions that subsequently arise or to adapt to changed legal or technical framework conditions. We will inform the customer of a change by sending the content of the changed regulations to the last known e-mail address of the customer. The change becomes part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or in text form within six weeks after receipt of the notification of change.
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17. Severability Clause
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If a provision of these general terms and conditions should be ineffective, the effectiveness of the remaining provisions will not be affected.
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18. Contract Language
The language available for the conclusion of the contract is German.
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19. Contract Law
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Austrian law is applied to the contractual relationship.
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20. Arbitration Board and Online Dispute Resolution
If you have any problems, you can submit a complaint via this platform and have it processed by an independent dispute settlement body: https://ec.europa.eu/consumers/odr
Our email address: kern.plants@gmail.com
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Based on the standard terms and conditions of ZANTHIER & SCHULZ
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