Table of Contents
- I. Scope
- II. Conclusion of contract
- III. Right of withdrawal
- IV. Payment terms
- V. Special provisions for promotional vouchers
- VI. Contractual term and termination in the case of continuing obligations
- VII. Changes to the GTC or our services
- VIII. Data protection
- IX. Customer Service
- X. Consumer Arbitration Board
- XI. Online dispute resolution
- XII. Applicable Law and Jurisdiction
- XIII. Use of our services
I. Scope
The following General Terms and Conditions (hereinafter referred to as T&C) apply to all contracts concluded via our Internet presence between you as our customer and us.
Noah Soticek
Dreavie eine Marke von Noah Soticek
Buchholz 3a
6719 Bludesch
Österreich
Phone: +43 699 1824255
Email address: office@dreavie.com
II. Conclusion of contract
(1) The presentation and advertising of products on our website does not itself constitute a binding offer to conclude a contract, but only the invitation to submit such an offer (application).
(2) You can submit your offer via the online ordering facility provided on our website. The GTC become part of the contract if we refer you to the GTC when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC.
(3) The conclusion of the contract via the online ordering option of our Internet presence takes place in the following steps:
(a) You can select the products offered on our Internet presence and place them in the electronic shopping cart. Before sending the order, you can view and change the contents of the shopping cart at any time. You can correct your entries using the usual mouse and keyboard functions as well as the back function of your internet browser before completing the ordering process by clicking on the Kaufen button. You can identify any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the enlargement function (magnifying glass function) of your Internet browser for this purpose. You can also terminate the ordering process at any time by closing the window of your Internet browser.
(b) By submitting an order via the online ordering option of our website by clicking the button 'Kaufen', you place a legally binding order for the products in the shopping cart. However, this request can only be submitted and transmitted if you have previously accepted these GTC by selecting the appropriate checkbox.
(c) We will confirm receipt of your order immediately by e-mail. In this e-mail, your order will be listed again. You can print this out using the print function. This automatic confirmation of receipt merely documents that we have received your order; it does not yet constitute acceptance of your application, unless we expressly declare acceptance therein at the same time as confirming receipt.
(d) You shall be bound by the order for a period of 14 days after placing the order; your right to revoke your order, if any, shall remain unaffected.
(e) The contract shall not be concluded until we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation).
(4) In our e-mail confirming receipt or order or in a separate e-mail, we will send you the text of the contract on a durable medium, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our terms and conditions and the order confirmation.
(5) The contract text will be stored by us in compliance with data protection. Apart from the above sending, we keep the text of the contract is not accessible to you.
(6) The contract shall be concluded in the German language.
(7) If you have provided your email address as part of the ordering process, or indeed as part of any other enquiry, it is your responsibility to ensure that the email address you have provided exists, is correct and that you are able to receive emails at that email address from us or from any third party contracted by us to process your order. Automatic SPAM filters are to be configured or monitored accordingly.
(8) You agree to an invoice transmitted electronically.
(9) All prices stated on our website are total prices including VAT and other price components plus shipping and handling.
III. Right of withdrawal
(1) If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who places the order for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity, you are entitled to a right of withdrawal in accordance with the statutory regulations. Further information on the right of withdrawal can be found in our cancellation policy.
(2) A self-collection of your ordered goods is not possible.
IV. Payment terms
We offer the following methods of payment:(1) Payment in advance: we offer you a payment in advance by bank transfer. If you select this payment method, our claim to payment of the agreed price becomes due upon conclusion of the contract, subject to a deviating agreement.
(2) Payment processing via the payment service provider PayPal: We offer you the following options for payment processing via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as PayPal):
PayPal or PayPal Express: If you select this payment method, you will be redirected to the PayPal website during the ordering process. In order to be able to make the payment, you must register there or log in with your access data there. The terms of use of PayPal apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you have legitimized yourself there with your access data, you must confirm the payment instruction to us. We will request PayPal to initiate the transaction of the payment following the submission of your order.
PayPal credit card: In this case, payment will be processed by charging a credit card provided by you in the amount of our claim for payment of the agreed price through PayPal. Our claim for payment of the agreed price will not be due until your order has shipped. We accept credit cards from Master Card, Visa and American Express through our partner PayPal. If you choose this payment method, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction is carried out immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card is charged. You will receive further instructions during the ordering process. If you return one or more items, the corresponding value of the goods will be credited back to the credit card originally charged. Your credit card data will be transmitted encrypted via SSL. Verified by VISA and MasterCard Secure Code enable the particularly secure processing of credit card transactions on the Internet using special encryption procedures. You do not need any software on your computer. Customers who are already registered, as well as those who are not yet registered, are automatically redirected to their bank's page via the payment processing. To complete the order successfully, please follow the steps given there.
For a payment processing via PayPal, the General Terms and Conditions of PayPal https://www.paypal.com/de/webapps/mpp/ua/legalhub-full, the PayPal Terms of Use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the provisions for 'Payments without a PayPal account' https://www.paypal.com/de/webapps/mpp/ua/privacywax-full apply in addition.
(3) Payment processing via the payment service provider SOFORT: We offer you payment processing via the payment service provider SOFORT GmbH, Theresienhoehe 12, 80339 Munich (hereinafter referred to as SOFORT). If you use the payment processing via SOFORT, you must have an online banking account that is activated for this form of payment processing. After submitting your order you will be redirected to a SOFORT website. There you have to legitimize yourself and give SOFORT the order to process the payment via your online banking account using PIN/TAN. The initiation of the transaction of the payment as well as the corresponding debit of your online banking account will be carried out by SOFORT immediately after the order. Further information on this payment method and the payment processing by SOFORT can be found on the following website https://www.klarna.com/sofort/
(4) Payment processing via the payment service provider Stripe: We offer the following payment processing options via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as Stripe):
Stripe Direct Debit: If you select this payment method, payment will be processed by collection of our entitlement to payment of the agreed price by SEPA Direct Debit by Stripe. Our claim to payment of the agreed price becomes due after the SEPA direct debit mandate has been issued, as soon as the period for advance notification to make the payment by direct debit, so-called prenotification, has expired. This prenotification is a communication from Stripe to you on our behalf announcing a payment collection by SEPA Direct Debit and is intended to enable you to prepare for the collection and to ensure that your account is covered for at least the amount of the payment. Once a SEPA Direct Debit mandate has been issued, the collection by Stripe will only take place once the deadline for prenotification has passed. In the event that a payment cannot be collected by SEPA Direct Debit because the specified account is not sufficiently covered, incorrect bank details have been provided or you object to the collection without justification, you will be liable for any fees incurred as a result of a chargeback by the relevant credit institution. You reserve the right to prove that no or only minor damage was caused by the chargeback.
Stripe credit card: If you select this payment method, the invoice amount is due immediately upon conclusion of the contract, unless we have made a different agreement with you. Once the payment instruction has been confirmed and you have legitimized yourself as the credit card holder, the transaction is initiated and carried out by your credit card company. Your credit card will be charged in the process. Stripe reserves the right to run a credit check and decline this payment method if the credit check is negative.
(5) You may change the payment method stored in your user account at any time.
V. Special provisions for promotional vouchers
(1) We also offer promotional vouchers on our website. Unless otherwise agreed, promotional vouchers are vouchers that we provide to you free of charge in connection with promotions, that cannot be purchased, that are only valid for a limited period of time and that can only be redeemed on our website. The following regulations apply to promotional vouchers.
(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before the order process is completed. After the expiry of the validity period, promotional vouchers can no longer be redeemed. Promotion vouchers cannot be subsequently offset. You can only redeem one promotional voucher per order.
(3) We are entitled to limit the validity of the promotional vouchers to certain products or to exclude the validity for certain products. Any such restriction will be determined by the contents of the relevant promotional voucher.
(4) The total value of your order must equal or exceed the stated value of the promotional voucher. Any difference between these values, i.e. any remaining balance, will not be refunded by us.
(5) If you exercise your statutory right of cancellation and return the relevant goods which you have paid for in whole or in part with the promotional voucher, no refund of the value of the promotional voucher will be made.
(6) No cash payment of the value of the promotional voucher or interest thereon will be made.
(7) If the total value of your order exceeds the value of the promotional voucher, you may pay the amount not covered by the value of the promotional voucher using the payment methods we offer.
(8) Promotional vouchers are not transferable to third parties and can only be redeemed by the person named on the promotional voucher. We reserve the right to verify that the person named on the promotional voucher is eligible to claim the gift voucher, but we are not obliged to do so.
VI. Contractual term and termination in the case of continuing obligations
(1) If we provide services within the framework of continuing obligations, you will find the information on the contract period and contract termination in the service description for our service. You can also find the respective termination modalities, in particular notice periods, in the service description.
(2) In all cases, the right to extraordinary termination for cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. For the termination, the right of extraordinary termination remains unaffected.
(3) For the termination, the text form applies. The termination can therefore, for example, by fax, e-mail or in writing.
VII. Changes to the GTC or our services
(1) We reserve the right to change our T&Cs or our services,
(a) if our T&Cs or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a judicial or official decision,
(b) if technical or procedural changes that do not have a material impact on you make it necessary to change the T&Cs or our services,
(c) if we offer new or additional services that must be included in the T&Cs and this does not adversely affect the contractual relationship we have with you, or
(d) if the changes to our T&Cs or our services are merely legally advantageous to you.
(2) You will be notified of any changes in writing, by fax or by email. If you do not object to this change within six (6) weeks after receipt of the notification, the changes shall be deemed accepted by you. You will be informed separately of the right to object and the legal consequences of silence.
(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.
VIII. Data protection
For information on the processing of personal data, please refer to our privacy policy.
IX. Customer Service
For questions, complaints or claims, you can reach us by phone at +436991824255 and by email at office@dreavie.com.
X. Consumer Arbitration Board
We are not willing and not obliged to participate in any dispute resolution procedure before a consumer arbitration board.
XI. Online dispute resolution
The EU Commission has set up an internet platform for the online settlement of disputes (ODR platform) between entrepreneurs and consumers. The ODR platform can be accessed at https://ec.europa.eu/consumers/odr/
XII. Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected.
(2) If you as a customer are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
XIII. Use of our services
(1) Our artificial intelligence, hereinafter referred to as AI, for dream interpretation is based on machine learning and artificial intelligence, which are continuously evolving. Due to the probabilistic nature of machine learning, the output may, in some cases, be inaccurate or incomplete and may not necessarily reflect the facts.
Not a Substitute for Professional Advice
(2) The AI-based dream interpretation is not a substitute for professional psychological, medical, or therapeutic advice. The provided results are for informational purposes only and should not be considered the sole source of truth. Users should always critically evaluate the results and, if necessary, consult a professional psychologist, psychiatrist, or therapist.
Disclaimer of Liability
(3) You understand and agree:
- Inaccurate or erroneous output. The output of the AI for dream interpretation may be inaccurate or erroneous and should not be considered a final interpretation of a dream or used as a guide for personal or medical decisions.
- Evaluation of the output. You are responsible for evaluating the output for accuracy and relevance before using or sharing it.
- No liability for important decisions. The use of the output should not lead to important decisions about individuals, such as those related to health, medical treatments, legal matters, or other significant life areas.
- No substitute for professional advice. The results of the AI-based dream interpretation do not constitute professional advice. For psychological or medical assistance, you should consult a qualified professional.
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