Terms and conditions for BodhisattvaMusic.com
General terms and conditions with customer information
(The following terms and conditions also contain legal information on your rights under the provisions on contracts in distance selling and electronic business transactions.)
Scope of application
2. Offers and service descriptions
3. Ordering process and conclusion of the contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Retention of title
8. Material defect warranty and guarantee
9. Liability
10. Right of withdrawal
11. Exclusion of the right of withdrawal
12. Returns
13. Return costs in the event of cancellation
14. Storage of the contract text
15. Data protection
16. Legal information specifically on the term healing music and other relates terms
17. Place of jurisdiction, applicable law, contract language
- Scope
1.1. For the business relationship between www.BodhisattvaMusic.com., Owner: BODHISATTVA MEDIA LLC, 1621 Central Ave, Cheyenne, WY 82001, USA (hereinafter „seller“) and the customer (hereinafter „customer“), the following general terms and conditions apply exclusively at the time of the order valid version.
1.2. You can reach our customer service for questions, complaints, and complaints on weekdays by email at contact@bodhisattvamusic.com.
1.3. A consumer within the meaning of these terms and conditions 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 (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing.
- Offers and service descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid „while stocks last“ unless otherwise noted for the products. Incidentally, errors remain reserved.
- Order process and conclusion of the contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [Add to cart] button.
3.2 The customer can then use the [Continue to checkout] button in the shopping cart to complete the ordering process.
3.3. With the button [Buy / Buy] the customer submits a binding offer to buy the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the „Print“ function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends the ordered product to the customer, hands it over, or dispatches it within 3 days has confirmed the customer within 3 days with a second e-mail, an explicit order confirmation, or sending the invoice.
3.5. If the seller enables prepayment, the contract is concluded with the provision of the bank details and payment request. If despite the due date, the seller has not received the payment within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.
- Prices and shipping costs
4.1. All prices quoted on the seller’s website include the applicable statutory sales tax.
4.2. In addition to the prices quoted the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
- Delivery, availability of goods
5.1. If no copies of the product selected by the customer are available at the time of the customer’s order, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not make a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also notify the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the seller is also entitled to withdraw from the contract. The seller will immediately reimburse any payments already made by the customer. If advance payment has been agreed upon, delivery will be made after receipt of the invoice amount.
- Payment methods
6.1. The customer can choose from the available payment methods before completing the order process.
6.2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions.
6.3. Are third-party providers commissioned to process payments, e.g. PayPal. their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, the customer has to pay a default interest of 5 percentage points above the base rate.
6.5. The customer’s obligation to pay default interest does not preclude the seller from asserting further damage caused by default.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
- Retention of Title
The delivered goods remain the property of the seller until they have been paid for in full.
- Material defect warranty and guarantee
8.1. The guarantee is determined according to legal regulations.
8.2. The goods delivered by the seller are only guaranteed if this has been expressly given.
- Liability
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, irrespective of the other statutory entitlement requirements.
9.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the case of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
- Right of withdrawal
- Beginning of the cancellation policy for consumers –
Right of revocation
You can revoke your contract declaration within 10 days without giving reasons in text form (by e-mail) or – if the item is left to you before the deadline expires – by returning the item. The period begins after receipt of this instruction in writing, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
[woocommerce_de_disclaimer_address_data]
Consequences of cancellation
In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you are unable to return or surrender the received service or benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or the deterioration is due to the handling of the item that goes beyond the examination of the properties and functionality. „Checking the properties and functionality“ means testing and trying out the respective goods, as is possible and customary in a retail shop, for example. Transportable items are to be returned at our risk. You have to bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt. if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet made the consideration or a contractually agreed partial payment in the case of a higher price of the goods at the time of cancellation. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt. if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet made the consideration or a contractually agreed partial payment in the case of a higher price of the goods at the time of cancellation. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
- End of the cancellation policy for consumers –
- Exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs, or when the delivery of audio or video recordings or software, provided that you have unsealed the data carriers supplied.
- Returns
12.1. Before returning, customers are asked to report the return to the seller by email: contact [at ] bodhisattvamusic.com in order to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
12.2. Customers are asked to send the goods back to the seller as a prepaid package and to keep the delivery receipt. Upon request, the seller will reimburse the customer for the postage costs in advance, provided these are not borne by the buyer himself.
12.3. Customers are asked to avoid damaging or contaminating the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the seller is no longer in possession of the original packaging, another suitable packaging should be used in order to ensure adequate protection against transport damage and to avoid any claims for damages due to damage resulting from inadequate packaging.
12.4. The modalities mentioned in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of the right of withdrawal in accordance with No. 10 of these GTC.
- Return costs in the event of cancellation
13.1. If the customer is a consumer, he has to bear the regular costs of the return in the event of revocation (see No. 10 of these GTC) if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if the customer has not yet made the consideration or a contractually agreed partial payment at a higher price of the item at the time of revocation.
13.2. Otherwise, the return for the customer is free of charge.
- Storage of the contract text
14.1. The seller saves the contract text of the order. The terms and conditions are available online. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
14.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. Furthermore, the customer receives a copy of the terms and conditions with his order.
- Data protection
15.1. The seller processes the personal data of the customer for a specific purpose and in accordance with the statutory provisions.
15.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) will be used by the seller to fulfill and process the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery, and payment processes.
15.3. The customer has the right, upon request, to receive information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, as long as there is no legal obligation to retain it.
15.4. Further information on the type, scope, location, and purpose of the collection, processing, and use of the required personal data by the seller can be found in the data protection declaration.
- Legal information especially on the terms healing music and other terms related to music, health, hypnosis, mind-altering states of consciousness, shamanism, religion, and magic.
16.1. The term healing music is used to describe the quality this music can have on your overall well-being and your mood. Healing Music, Shamanic Journeys, Guided Meditations, or any other of our products do not replace the diagnosis or treatment by the doctor, specialist or alternative practitioner. Please consult a doctor or alternative practitioner if needed or you’re in doubt to diagnose and treat your symptoms and illnesses.
16.2. Spiritual healers or spiritual musicians do not need to have any medical knowledge or skills, and there is no impression that medical or practical treatment is being carried out by our products.
16.3. We, in BodhisattvMusic consider cooperation with (holistic) doctors, alternative practitioners, and other therapists to be important. For this reason, ongoing treatment should not be interrupted or discontinued, or any treatment that will be necessary for the future should not be postponed or omitted entirely. The responsibility for your decision is entirely yours.
16.4. According to the official legal point of view, the contents of this website do not constitute medical advice!
Through all our products offered, we are NOT allowed to promise any healing or alleviation of illnesses for legal reasons. HEALING ALWAYS COMES FROM YOURSELF, from within, and our products might help you to activate your self-healing powers.
All offers can be thought of as a supplement to medical or psychotherapeutic treatment.
16.5. By placing the order and accepting the terms and conditions of BodhisattvaMusic.com, I confirm that I have received this information.
- Place of jurisdiction, applicable law, contract language
17.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
17.2. The law of the Federal Republic of Germany. This does not apply if mandatory consumer protection regulations prevent such an application.
17.3. Contract language is German.