Digital Content Terms

Definitions

In these Digital Content Terms and Conditions Policy the following terms shall have the following meanings, except where stated otherwise:

 

Terms and Conditions: These general Digital Content Terms and Conditions.

Consumer: The natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

​Day: Calendar day;

Digital Content: Data produced and delivered in digital form;

Distance Contract: A contract concluded by CalmRelaxAudio and the Consumer within the scope of an organized system for distance selling products, Digital Content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

Reflection Period: The period during which the Consumer may use his right of withdrawal;

Sustainable Data Carrier: Any means, including email, that allow the Consumer or CalmRelaxAudio to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;

Standard Form for Withdrawal: The European standard form for withdrawal included in Appendix;

​

 

Applicability

 

1. These General Terms and Conditions apply to any offer from us and to any Distance Contract concluded by us and the Consumer.

2. Before concluding a Distance Contract, the text of these General Terms and Conditions shall be made available to the Consumer by electronic means in such a way that the Consumer can store it in an accessible manner on a Sustainable Data Carrier. If this is reasonably impossible, we shall indicate in what way the General Terms and Conditions can be inspected and that they will be sent if so, requested by electronic means or otherwise free of charge, before the Distance Contract is concluded.

3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second paragraph of this Article shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

 

​

The offer

1. Obvious errors or mistakes in the offer are not binding to us.

2. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

 

​

The contract

 

1. The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.

2. If the Consumer accepted the offer via electronic means, we shall confirm the receipt of acceptance of the offer without delay via electronic means.

 

​

Software

 

1. When a new software product is purchased, the Consumer acquires a Sustainable Data Carrier (cd-rom, etc.), the corresponding documentation (if available), as well as a license in accordance with the license terms of the manufacturer.

2. The Consumer automatically agrees with the corresponding license terms by making use of the software for the first time. The intellectual property rights of the product remain the full property of the licensor. All rights of the mentioned and used product names, brands, logo's etc, used by us shall belong to the respective holders of these rights. With regard to the use of the products, the Consumer shall respect all rights of third parties.

3. Deploying new software as well as the changing of software already installed, carry the risk of data loss. The Consumer should take necessary measures to prevent data loss. We cannot be held liable for damage resulting from the installation of new software.

4. We cannot be held liable in any way for the loss of data by media storage devices purchased by CalmRelaxAudio, except in the case of intention or serious misconduct of us, proven by the Consumer.

 

​

Right of withdrawal

 

1. The Consumer can dissolve a purchase contract for a product without giving reasons during a Reflection Period of 14 days depending on the type of product, please see our Refund Policy page.

2. The Reflection Period referred to in paragraph 1 of this Article starts on the Day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or:

1. if the Consumer ordered several products in the same order: the Day on which the Consumer or a third party, not being the carrier, appointed by him received the last product. We may refuse an order of several products with different delivery dates provided that it clearly informs the Consumer prior to the order process, or

2. in case the delivery of a product consists of several batches or parts: the Day on which the Consumer or a third party, not being the carrier, appointed by him received the last batch or the last part, or

3. in case of an agreement about regular delivery of products during a given period: the Day on which the Consumer or a third party, not being the carrier, appointed by him received the first product.

1. The Consumer can terminate an agreement for services or an agreement for delivery of Digital Content that is not delivered on a physical carrier without giving reasons during 14 days.

2. The Reflection Period referred to in Article 3 starts on the Day following the conclusion of the agreement.

 

​

Consumer’s obligations during the Reflection Period

 

1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

2. The Consumer is liable for the decrease in value of the product that is caused by the way of handling the product which is not in accordance with paragraph 1 of this Article.

 

​

Exercising the consumer’s right of withdrawal

 

1. If the Consumer exercises his right of withdrawal he shall notify us unambiguously with the Standard Form for Withdrawal within the Reflection Period.

2. The Consumer shall return the product or deliver it to (the authorized representative of) us as soon as possible but within 14 Days. This does not need to be done if we offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the Reflection Period.

3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by us.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.

5. The Consumer shall bear the direct costs of returning the product.

6. If performance of the service has started during the Reflection Period, the Consumer shall pay us an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.

 

​

Obligations in case of withdrawal

 

1. If we makes the notification of withdrawal by electronic means possible, he shall send a return receipt without delay.

2. We shall reimburse all payments made by the Consumer, including any delivery costs that we may charge for the returned product, as soon as possible but within 14 Days following the Day on which the Consumer notified him of the withdrawal. Unless we offer to collect the product in person, he can wait with the reimbursement until having received the product or until the Consumer proved that he returned the product, whichever occurs first.

3.  We shall reimburse all payments made by the Consumer, including any delivery costs that we may charge for the returned product, as soon as possible but within 7 days following the Day on which the Consumer notified him of the withdrawal. Unless we offer to collect the product in person, can wait with the reimbursement until having received the product or until the Consumer proved that he returned the product, whichever occurs first.

4. We shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

5. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, we  need not reimburse the additional costs for the more expensive method.

 

​

Exclusion of the right of withdrawal

 

We can exclude the following from the right of withdrawal:

1. Services agreements, after full performance of the service, but only if

(i) the performance started with the Consumer’s explicit prior consent; and (ii) the Consumer stated that he will lose his right of withdrawal as soon as we has fully performed the agreement.

1. Products manufactured in accordance with the Consumer’s specifications

which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person.

1. Perishable products or products with a limited durability.

2. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken.

3. Sealed audio and video recordings and computer programs of which the seals were broken after delivery.

4. Newspapers, periodicals or magazines, with the exception of subscriptions to them.

5. The delivery of Digital Content other than on a physical carrier, but only if (i) the performance was started with the Consumer’s explicit prior

consent, and (ii) the Consumer stated that he will lose his right of withdrawal by doing so.

 

​

Pricing

 

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, unless the change in price is due to a change in VAT rates.

2. Contrary to paragraph 1 of this Article, We may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of CalmRelaxAudio, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.

4. Price increases from 3 months after concluding the contract are permitted only if we have stipulated it and

1. they are the result of legal regulations or stipulations, or

2. the Consumer has the authority to cancel the contract before the Day on which the price increase starts.

3. All prices indicated in the provision of products or services are including VAT.

 

​

Performance agreement and extra guarantee

 

1. We guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the Day the contract was concluded. If agreed, we also guarantees that the product is suitable for other than normal use.

2. In any event no claim can be made on paragraph 1 of this Article (i) in case of damage caused deliberately or with gross negligence, (ii) in case of normal wear and/or (iii) in case of damage from improper care or handling.

3. An extra guarantee offered by us, his supplier, manufacturer or importer shall never affect the rights and claims the Consumer may exercise against us about a failure in the fulfilment of the obligations of CalmRelaxAudio if we has failed in the fulfilment of his part of the agreement.

4. With ‘Extra guarantee’ is meant each obligation of CalmRelaxAudio, his supplier, importer or manufacturer in which he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

 

Delivery and execution agreement

​

1. We shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

2. The place of delivery is the address which the Consumer has provided to us. 

3. The Consumer shall provide us with the correct delivery address and mail address. Any changes need to be reported immediately to us. If the Consumer has entered a wrong address for delivery, then the additional shipping costs will be for the account of the Consumer.

4. Delivery takes place while supply lasts.

5. The ownership of delivered products will be transferred to the Consumer upon payment of the sum due. The risk of the products passes upon delivery to the Consumer.

6. We shall execute accepted orders with convenient speed but at least within 14 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 14 days after ordering. In such cases, the Consumer is entitled to dissolve the contract free of charge and with the right to possible compensation.

7. After dissolution in accordance with paragraph 6 of this Article, we shall without delay reimburse the payment made by the Consumer.

8. The risk of loss and/or damage to products will be borne by us until the time of delivery to the Consumer or a representative appointed in advance and made known to us, unless explicitly agreed otherwise.

 

Payment

 

1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 Days after the Reflection Period, or, if there is no Reflection Period, within 14 Days, after concluding the agreement. In case of an agreement to provide a service, this period starts on the Day that the Consumer received the confirmation of the agreement.

2. The Consumer has the duty to inform us without delay of possible inaccuracies in the payment details that were given or specified. Payment orders at the bank or giro institute are for the account and risk of the party giving (or authorizing) the payment order.

 

​

Accounts and registration

 

1. The Consumer can create an account or otherwise register on the Website. We reserve the right to refuse or cancel any such registration, for example in the event of irregularities.

2. The login details are strictly personal and must not be disclosed to third parties. The Consumer is responsible for his login details, even if this is done without his knowledge.

3. The Consumer shall immediately alert us if the consumer suspects that his login details are known by an unauthorized third party or in the event of irregularities.

4. The Consumer may not create or manage more than one account. Moreover, the Consumer shall not be allowed to register or manage an account (again) after we have denied the request of the Consumer to create an account or after cancellation of the registration.

 

​

Force majeure

​

CalmRelaxAudio and the Consumer are not obliged to fulfill any obligation, if they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility, nor by virtue of the law, a legal action or a generally accepted notion.

 

​

Complaints procedure

 

1. We shall have a sufficiently disclosed complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.

2. Complaints about the performance of contracts shall be filed as soon as possible once the Consumer has noticed the defects, comprehensive and clear with us.

3. The complaints submitted to us shall be replied within a period of 7 days after the date of receipt. Should a complaint require a foreseeable longer time of handling, We shall respond within 7 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

 

​

Privacy and security

 

1. We respect the privacy of the Consumer. We treat and process all personal data transmitted to it in accordance with the applicable legislation, in particular the General Data Protection Regulation. The Consumer agrees to this processing. For the purpose of protecting the Consumer’s personal data, CalmRelaxAudio observes appropriate security measures.

2. For more information about privacy, reference is made to the Website of CalmRelaxAudio.

 

​

Additional provisions

 

1. Any possible derogations in respect of these General Terms and Conditions may be agreed upon only in writing. No rights can be derived from these deviations with regard to future agreements.

2. The administration of CalmRelaxAudio serves as proof of purchase orders and requests of the Consumer, unless the Consumer proves otherwise. The Consumer acknowledges that electronic communication can serve as proof.

3. We are entitled to transfer the rights and obligations under the contract with the Consumer to a third party, by a single notification to the Consumer.

4. In case and to the extent that any provisions of these General Terms and Conditions are cancelled or declared invalid, We shall draw up a new provision to replace the null/nullified provision, duly observing as much as possible the object and purpose of the annulled provision.

 

Applicable law

 

These General Terms and Conditions, and any non-contractual obligations arising thereto, between CalmRelaxAudio and the Consumer are governed exclusively by the laws of the United Kingdom.