General Terms and Conditions
of DeepSights, Nicole Grabke
1. Scope of application
1.1 For all contracts concluded via the online shop at www.nicolegrabke.com between DeepSights, Nicole Grabke, 40 Calle Nizhoni, Galisteo, New Mexico 87540, telephone: (505) 603 4096 or 0174 5181011, e-mail: nicole@nicolegrabke.com and an end consumer, merchant or entrepreneur, hereinafter referred to as “customer”, the following general terms and conditions, shall apply.
1.2 All agreements made between DeepSights, Nicole Grabke and the customer in connection with the purchase contract result from these General Terms and Conditions, the written order confirmation and the declaration of acceptance of DeepSights, Nicole Grabke.
1.3 The version of the General Terms and Conditions valid at the time of conclusion of the contract is decisive.
1.4 Herewith, the inclusion of the customer’s own conditions is excluded.
2. Conclusion of contract
2.1 DeepSights, Nicole Grabke, makes a binding offer to conclude a contract for the items that are listed in the online shop. The customer can initially place these articles in the shopping cart without obligation and has the option to correct his entries at any time before sending the binding order by using the correction aids provided and explained in the order process.
2.2 The sales contract is concluded when the customer accepts the offer for the goods contained in the shopping basket by clicking on the order button and thus places a legally binding order. The acceptance of the order by DeepSights, Nicole Grabke, takes place only with the provision of the download.
2.3 Immediately after sending the order, the customer will receive a confirmation by e-mail. The customer is bound to the order for a period of two weeks after placing it. The right of revocation according to § 3 remains unaffected by this.
2.4 The order is stored at DeepSights, Nicole Grabke, after conclusion of the contract and can be retrieved by the customer in his customer login area after completion of the order process. The order data can be printed out by the customer immediately after sending the order or he can use the e-mail “Order confirmation”.
2.5 The contract language is German and English.
3. Right of revocation for consumers
3.1 If the customer is a consumer, i.e. a natural person who places the order for a purpose which cannot be attributed to any commercial or self-employed professional activity, he is entitled to a right of revocation in accordance with the statutory provisions.
3.2 In all other respects, the right of revocation shall be governed by the provisions set out in detail in the following paragraphs:
Revocation Instruction
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract for the download of digital content.
To exercise your right of withdrawal, you must contact me at
Nicole Grabke
40 Calle Nizhoni
Galisteo
New Mexico 87540
E-Mail: nicole@nicolegrabke.com
by means of a clear declaration (e.g. an email or letter) about your decision to revoke this contract. You can use the sample cancellation form that you can download here. However, the use of this form is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If the customer cancels this contract, DeepSights, Nicole Grabke, has to pay back all payments that DeepSights, Nicole Grabke, has received from the customer. This must take place immediately and at the latest within fourteen days from the day DeepSights, Nicole Grabke, receives notification of your revocation of this contract. For this refund, DeepSights, Nicole Grabke, will use the same means of payment as the customer used for the original transaction, unless expressly agreed otherwise with the customer.
End of the revocation instruction
3.3 The right of revocation does not apply to distance contracts for the delivery of audio or video recordings or software if the customer has unsealed the delivered data carriers.
4. Prices
4.1 All prices quoted in the online shop at www.nicolegrabke.com are gross prices. No display of sales tax in Germany as “Kleinunternehmer” according to § 19 UStG.
5. Terms of payment, offsetting and right of retention
5.1 The purchase price is due upon conclusion of the contract and must be paid within two weeks of receipt of the invoice at the latest.
5.2 Payment in the online shop at www.nicolegrabke.com is possible by prepayment (via Paypal), unless otherwise agreed.
5.3 The customer is not entitled to offset the claims of DeepSights, Nicole Grabke, unless his counterclaims are legally established or undisputed. The customer is also entitled to set-off against the claims of DeepSights, Nicole Grabke, if he complains of defects or asserts counterclaims from the same purchase contract.
5.4 The buyer may only exercise a right of retention if his counterclaim arises from the same purchase contract.
6. Retention of title
6.1 The delivered goods remain the property of DeepSights, Nicole Grabke until full payment of the purchase price. If you would like to share the audio meditations with others, please refer them to this website, but please do not copy and distribute the recordings without permission.
7. Warranty and liability
7.1 DeepSights, Nicole Grabke, is liable for material defects or defects of title of delivered articles according to the valid legal regulations.In case DeepSights, Nicole Grabke, is responsible for a defect of the purchased goods, DeepSights, Nicole Grabke, is entitled to choose between rectification of the defect or a substitute delivery. If an unreasonable delay or impossibility of repair or replacement occurs, the customer may, however, either cancel the purchase or demand a reduction in the purchase price.
7.2 Claims for damages can only be asserted if the damage was caused by intent or gross negligence of DeepSights, Nicole Grabke, if the damage is based on the absence of a warranted property or in the case of liability under the Product Liability Law. Any claims for damages in the event of a slightly negligent breach of a main performance obligation are limited to the amount of the purchase price and to such damages that arise as a result of other procurement of the goods. Force majeure and other operational disruptions that cannot be prevented by us release us from our obligation to deliver.
7.3 Under no circumstances can DeepSights, Nicole Grabke be held responsible for adverse consequences resulting from reading, listening to or following audio meditations, advice, ideas or recommendations given via the website, e-mail, podcasts or in any other way.
7.4 Further claims of the customer – on whatever legal grounds – are excluded.
8. Copyrights and rights of use, intellectual property
8.1 DeepSights, Nicole Grabke, has copyrights or usage rights to all images, films and texts published in the online shop at www.nicolegrabke.com .The copyrights of the music in the audio meditations are held by the publishing house TherMedius Institut, author: Jan-Henrik Günter, title: Hypnosis music Classical Trance. Any use of the pictures, films, music and texts is not permitted without the express consent of DeepSights, Nicole Grabke.
8.2 You acknowledge and agree that all content and materials available on this website (especially audio meditations) are protected by copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by DeepSights, NicoleGrabke, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly perform, publicly present, publish, adapt, edit or create derivative works from such materials or content.
9. Applicable law and place of jurisdiction
9.1 These Terms and Conditions shall be governed by the laws of the United States of America and the laws of the State of New Mexico.
9.2 DeepSights, Nicole Grabke, is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.