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English

en_US English de_DE German

Language
English
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USD - US Dollar

General terms and conditions with customer information

Last updated on 05/07/2024

  1. Scope
    1. These General Terms and Conditions (hereinafter 'GTC') of ZenSonic, operating under the name WelcomeEarth INC, apply to all contracts for the provision of digitally created and provided data (digital content) concluded between a consumer or entrepreneur (hereinafter 'Customer') and the entrepreneur in connection with the digital content described in the entrepreneur's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless expressly agreed otherwise.
    2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
    3. Depending on the content description of the entrepreneur, the subject matter of the contract may include both the one-time provision and the regular provision of digital content (hereinafter 'subscription contract'). In the case of a subscription contract, the entrepreneur undertakes to provide the contractually owed digital content for the agreed contract term at the agreed intervals.
  2. Conclusion of Contract
    1. The content described in the entrepreneur's online shop does not constitute binding offers on the part of the entrepreneur but serve to submit a binding offer by the Customer.
    2. The Customer can submit the offer via the integrated online order form in the entrepreneur's online shop. After selecting the content, placing it in the virtual shopping cart, and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the content contained in the shopping cart by clicking the button that concludes the ordering process.

    3. - The Customer can submit the offer via the integrated online order form in the entrepreneur's online shop. After selecting the content, placing it in the virtual shopping cart, and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the content contained in the shopping cart by clicking the button that concludes the ordering process.,
      - Providing the ordered content,
      - Requesting payment after submitting the order.
    4. If one of the alternatives mentioned above occurs first, the contract is deemed concluded. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends on the fifth day thereafter. If the entrepreneur does not accept the offer within this period, this is deemed as a rejection, and the Customer is no longer bound by their offer.
    5. Payment processing for the payment methods offered by PayPal is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with PayPal's terms of use.
  3. Right of Withdrawal
    1. Consumers generally have a right of withdrawal; further information can be found in the entrepreneur's cancellation policy.
  4. Prices and Payment Terms
    1. The prices stated by the entrepreneur are total prices inclusive of statutory value-added tax. For payments in countries outside the European Union, additional costs may be incurred, which the Customer must bear, such as bank transfer fees or currency exchange fees.
    2. The payment options are specified in the entrepreneur's online shop. When selecting the payment method credit card via Stripe, the invoice amount is due immediately.
  5. Provision of Content
    1. Digital content is provided to the Customer via the entrepreneur's website by direct access.
  6. Granting of Usage Rights
    1. Unless otherwise stated in the content description in the entrepreneur's online shop, the entrepreneur grants the Customer the non-exclusive, spatially, and temporally unrestricted right to use the content for private as well as commercial purposes.
    2. Passing on the content to third parties or creating copies for third parties outside of these GTC is not permitted unless the entrepreneur has agreed to a transfer of the license to third parties.
  7. Contract Duration and Termination of Subscription Contracts
    1. Subscription contracts are concluded for an indefinite period, but at least for the minimum term visible in the content description in the online shop. The subscription contract can be terminated at any time at the end of this minimum term and after expiration with a notice period of 14 days.
    2. The right to terminate for cause remains unaffected. Termination for cause is possible if, considering all circumstances of the individual case and weighing the mutual interests, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period. Terminations must be made in writing or in text form (e.g., by email).
  8. Warranty
    1. Statutory warranty applies.
  9. Liability
    1. The entrepreneur is liable to the Customer without limitation for all contractual, quasi-contractual, and legal, including tortious, claims for damages and reimbursement of expenses

    2. - in cases of intent or gross negligence,
      - in cases of intentional or negligent injury to life, body, or health,,
      - under a guarantee promise, unless otherwise regulated,
      - due to mandatory liability, such as under the Product Liability Act.
    3. In the event of a negligent breach of material contractual obligations, liability is limited to the typically foreseeable damage. Material contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance the Customer regularly relies. In all other cases, the entrepreneur's liability is excluded. These liability provisions also apply to the liability of vicarious agents and legal representatives of the entrepreneur.
  10. Applicable Law
    1. For all legal relationships between the parties, the law of the United States/New York applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.