Terms & Conditions | Feelplex

(1) These General Terms and Conditions ("GTC") apply to contracts concluded via the website www.feelplex.de and to the products and services offered there under the name Feelplex between

BYTSCH Technology UG (haftungsbeschränkt)
Geestbogen 16
24941 Flensburg
Germany
Registry court: Local Court of Flensburg
Commercial Register: HRB 10517 FL
Phone: +49 461 50 56 581
Email: contact@feelplex.de

hereinafter referred to as "Feelplex" or the "Provider",

and its customers.

(2) Feelplex offers in particular the following types of products and services:

1. digital content, in particular audio and sound recordings, photographs, Sound Journeys and comparable digital media content. Where provided for in the respective offer, this may include supplementary descriptions, images, location information, maps or route information;
2. physical goods, in particular postcards and other physical products offered by Feelplex;
3. offers with digital components, where the respective product description expressly states that digital content or digital access forms part of the contractually owed performance.

Voluntary digital extras provided with physical goods without a separate charge become part of the contractually owed performance only where this is expressly stated in the respective offer. Section 6 of these GTC additionally applies to voluntary digital extras.

The specific characteristics and scope of the respective offer are determined by the product description applicable at the time of the order.

(3) Feelplex itself is the provider and contracting party in relation to the products and services offered through Feelplex. In particular, Feelplex does not operate a marketplace on which third parties can upload their own media content and offer it to customers as sellers or licensors.

(4) Where digital content is offered, Feelplex holds the copyrights, related rights, rights of use or other legal authorisations required to offer and license such content. By purchasing or otherwise accessing digital content, the customer does not acquire any copyright, related right or other exclusive right in that content. The customer receives only the rights of use arising from the respective offer and the applicable licence terms.

(5) These GTC apply both to Consumers and to Entrepreneurs, unless individual provisions expressly distinguish between these customer groups.

A Consumer is a natural person who enters into a legal transaction for purposes that are predominantly outside that person's trade, business or independent professional activity.

An Entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of that person's trade, business or independent professional activity.

(6) Special licence terms may additionally apply to digital content. Special product- or service-specific terms may also apply to individual products or services. Such supplementary terms will be made available to the customer before the contract is concluded.

Where these GTC conflict with special product-specific terms or licence terms with regard to the use or performance specifically governed by those terms, the more specific terms take precedence for that area. In all other respects, these GTC apply.

(7) Deviating general terms and conditions, purchasing terms or contractual terms of an Entrepreneur become part of the contract only if Feelplex has expressly agreed to their application.

(8) Individual agreements between Feelplex and the customer as well as mandatory statutory provisions remain unaffected by these GTC.

(1) The presentation of products and services on www.feelplex.de does not generally constitute a legally binding offer by Feelplex, but an invitation to the customer to place an order.

(2) The customer may select the desired products or services and place them in the shopping cart. Before submitting the order, the customer is given the opportunity to review the order details, identify and correct input errors, remove products from the shopping cart or cancel the order.

For contracts involving payment, immediately before the order is submitted the customer is shown, in particular, the essential characteristics of the selected products or services, the total price including applicable taxes and, where applicable, any additional shipping, delivery or other costs.

(3) By activating the order button that is clearly labelled as creating an obligation to pay, the customer submits a binding offer to conclude a contract for the products and services contained in the shopping cart.

(4) Feelplex confirms receipt of the order without undue delay by electronic means. An automatically generated acknowledgement of receipt initially documents only that the order has been received and does not in itself constitute acceptance of the customer's offer unless the confirmation expressly states otherwise.

(5) Feelplex may accept the customer's contractual offer in particular by

1. an express order or contract confirmation,
2. providing or activating the ordered digital content,
3. sending a download, access or activation link intended for use, or
4. in the case of physical goods, dispatching the goods or sending a corresponding dispatch confirmation.

The contract is concluded upon the first of these acts of acceptance to occur.

If Feelplex is unable to accept an order, the customer will be informed. Any payments already received will in that case be refunded in accordance with the statutory provisions.

(6) Feelplex stores the order and contract data required for processing the contract in accordance with the statutory requirements.

The order data are transmitted to the customer electronically after conclusion of the contract. Where the customer uses a customer account, order data made available there may also be viewed through the customer account. Permanent online access to the complete contract text via the website is not promised unless Feelplex expressly provides such a function.

After conclusion of the contract, Consumers receive a contract confirmation on a durable medium, in particular by email, within the period required by law. In accordance with the statutory requirements, this confirmation contains or records the contractual information and terms applicable to the respective contract.

(7) Where, at the Consumer's express request, the provision of digital content is to begin before expiry of the statutory withdrawal period, Feelplex obtains, before provision begins, the Consumer's express consent required by law and the Consumer's acknowledgement that the right of withdrawal expires when performance of the contract begins.

These declarations are recorded in the contract confirmation in accordance with the statutory requirements.

Further details are set out in the Withdrawal Instructions and in Section 7 of these GTC.

(8) Contracts may generally be concluded in German and English. The version relevant to the respective contract is the language version made available to the customer during the selected ordering process and incorporated into the contract.

(1) The prices stated on www.feelplex.de for the respective product or service at the time of the order apply.

For Consumers, prices are stated as total prices including the applicable statutory value added tax and other price components.

(2) Additional shipping or delivery costs may apply to physical goods. Their amount is shown to the customer before the order is submitted.

No shipping costs apply to digital content unless expressly stated otherwise in the respective offer.

(3) Payment is made in accordance with the payment method selected during the ordering process. The time and processing of payment are governed by the selected payment method and the conditions communicated for that payment method during the ordering process.

The payment methods available to the customer are displayed during the respective ordering process. Feelplex is not obliged to offer particular payment methods on a permanent basis.

If payment in advance by bank transfer is selected, the total amount must be transferred within 7 calendar days of receipt of the order confirmation to the account stated there, using the payment reference provided. If payment is not received within this period, the order will be cancelled automatically. If no contract has been concluded by that time, the customer's contractual offer will not be accepted. If a contract has already been concluded, the statutory rights and obligations arising from non-payment remain unaffected.

(4) Where payment is processed through a payment service provider, the processing of the payment may additionally be subject to the terms of the payment service selected by the customer. The customer's statutory and contractual rights against Feelplex remain unaffected.

(5) Feelplex does not charge separate fees for the use of a means of payment where such fees are prohibited by law. Any permissible additional costs will be expressly shown to the customer before the order is submitted.

(6) If a payment cannot be executed for reasons for which the customer is responsible, or if a duly collected or authorised payment is reversed without justification, Feelplex may claim reimbursement of the costs actually incurred and necessary as a result, to the extent permitted by law. The customer remains entitled to prove that no costs or substantially lower costs were incurred.

Further statutory claims remain unaffected.

(7) In the event of late payment, the statutory provisions apply.

(8) Invoices may be made available to the customer electronically, in particular by email or through the customer account, unless statutory provisions require a different form.

(9) Price changes made after conclusion of the contract do not affect contracts already concluded.

Time-limited promotional discounts, vouchers or other price reductions apply only in accordance with the conditions specified for them. There is no entitlement to future or retroactive application of a price reduction unless expressly agreed otherwise.

(1) Digital content is provided in the form described in the respective offer. Provision may in particular take place by

1. providing a file for download,
2. providing a download link,
3. activation within a customer account,
4. providing an access or activation code,
5. streaming or other online access, or
6. a combination of the above methods of provision.

The form of provision applicable to the respective product is determined by the product description and the information provided during the ordering process.

(2) Unless a different time of provision has expressly been agreed for a digital product, Feelplex provides the digital product without undue delay after conclusion of the contract.

If a different time or period of provision is stated for a particular product, provision will take place at the agreed time or within the agreed period.

(3) Digital content intended for download is deemed to have been provided once the content itself or suitable means of accessing or downloading the content have been made available to the customer.

The statutory provisions governing the provision of digital products remain unaffected.

(4) Where the use of digital content requires a customer account, an individual access link, an activation code or comparable access authorisation, such access is intended exclusively for the use provided for in the respective offer and the applicable licence terms.

The customer must protect personal access credentials and activation information not intended for onward disclosure against unauthorised access by third parties.

(5) For digital content offered for permanent download, once the content has been provided the customer is responsible for appropriately storing and backing up the downloaded file within the customer's own digital environment.

This does not restrict Feelplex's statutory obligations regarding proper provision, remedy of defects or the provision of required updates.

Where Feelplex additionally enables a further download through a customer account or download link, this constitutes an obligation to provide access for an unlimited period only if this has been expressly agreed.

(6) Certain technical requirements may be necessary to use digital products, in particular an internet connection and suitable hardware and software.

The essential known requirements relating to format, functionality, compatibility or interoperability are communicated to the customer, where relevant to use, in the respective offer or before conclusion of the contract.

Feelplex does not warrant that a digital product can be used with every conceivable device, operating-system, software or browser configuration. The statutory requirements concerning conformity of the digital product remain unaffected.

(7) Where Feelplex provides digital content for a specified period, the duration of access is stated in the respective offer.

During an agreed period of provision, Feelplex provides the contractually owed performance in accordance with the statutory provisions.

(8) Where updates, including security updates, are required by law to maintain conformity of a digital product, Feelplex provides such updates to the extent required by law and informs the customer accordingly.

Feelplex is obliged to add new functions or content to a digital product only where this has been expressly agreed.

(9) Sound Journeys and comparable location-based digital media offerings are provided in the digital form described in each case. Where supplementary images, texts, location details, map information, route information or individual sound stations form part of the offer, their scope is determined by the respective product description.

The provision of a Sound Journey does not include the actual conduct of a trip, hike, guided tour, transport service or other on-site service unless such a service is expressly offered separately.

Unless expressly stated otherwise, location, map and route information does not constitute continuously updated real-time information on current trail or route conditions, closures, weather conditions or other local changes. Before using such information on site, current local notices, access rules and official requirements must be observed.

(10) If a digital product is not provided or is not provided properly, the customer is entitled to the statutory rights.

Mandatory statutory consumer rights are not restricted by the foregoing provisions.

(1) Physical goods are delivered to the delivery address specified by the customer during the ordering process unless otherwise agreed.

Available delivery areas, shipping methods and any delivery restrictions are stated in the respective offer or, at the latest, during the ordering process.

(2) The delivery time applicable to a product is stated in the respective product description or in the information provided during the ordering process.

Unless a specific delivery time has been agreed with a Consumer, the goods will be handed over in accordance with the statutory provisions, no later than 30 days after conclusion of the contract.

(3) If a stated delivery period begins only after receipt of payment, this will be indicated in the respective offer or during the ordering process. Where advance payment has been agreed, the delivery period begins, unless otherwise stated, after receipt of payment.

(4) Where several goods are ordered as part of one order, Feelplex may make partial deliveries where this is reasonable for the customer.

The customer will not incur additional shipping costs as a result of partial deliveries initiated by Feelplex unless such costs were expressly agreed in advance.

(5) If delivery is not possible because the customer has provided an incorrect or incomplete delivery address or for another reason for which the customer is responsible, and the goods are returned to Feelplex, Feelplex may charge the costs actually required for renewed shipment to the extent permitted by law.

This does not apply where the customer is not responsible for the unsuccessful delivery or where the customer was temporarily unable, through no fault of their own, to accept the offered performance.

(6) In relation to Consumers, the risk of accidental loss and accidental deterioration of the goods generally passes only when the goods are handed over to the Consumer or to a third party authorised by the Consumer to receive them.

If the Consumer independently commissions a carrier not previously designated by Feelplex to ship the goods, the statutory provisions governing the transfer of risk apply.

(7) In relation to Entrepreneurs, the statutory provisions governing the transfer of risk apply.

(8) If, exceptionally, an ordered product is permanently unavailable despite a contract having previously been duly concluded and Feelplex is not required by law to perform, the customer will be informed without undue delay.

Payments already received for the unperformed service will be refunded without undue delay.

The customer's statutory rights remain unaffected.

(9) Where, according to the respective product description, digital content or digital access is expressly part of a paid offer together with physical goods, the provisions of these GTC concerning digital content additionally apply to that digital component of the contract.

This does not apply to digital content or access expressly offered merely as a voluntary extra with physical goods and without a separate charge. Section 6 applies to such extras.

(10) The customer's statutory rights in the event of delayed delivery, non-delivery, loss or damage to the goods remain unaffected.

(11) The delivered goods remain the property of Feelplex until the agreed purchase price has been paid in full.

(1) Feelplex may voluntarily supplement physical goods, without a separate charge, with digital content or digital access options. This may in particular be provided by means of a QR code, link, activation code or comparable access option located on the goods.

(2) Where the respective product description expressly states that digital content or access is provided solely as a voluntary digital extra, the subject matter of the paid purchase is the physical good. No separate fee is charged for the digital extra.

(3) Unless expressly agreed otherwise, no specific period of availability is promised for a voluntary digital extra. Feelplex may in particular modify, technically adapt, temporarily interrupt or permanently discontinue such an extra.

(4) Where technical requirements are necessary to use the digital extra, in particular an internet connection, a suitable device or suitable software, their provision and continued functionality are outside Feelplex's area of responsibility. Mandatory statutory rights remain unaffected.

(5) If the purchase contract for the physical good is validly withdrawn, after the purchase contract has been unwound there is no entitlement to continued provision of a voluntary digital extra assigned to the product or individually to the customer.

Where an individual access option can technically be deactivated, Feelplex is entitled to deactivate it.

This does not restrict the statutory right of withdrawal in relation to the physical good.

(6) Where digital content or digital access is, exceptionally, expressly part of the paid contractual performance according to the product description, the provisions of these GTC applicable to that digital contractual component and the statutory provisions apply instead of the foregoing rules.

(7) Mandatory statutory consumer rights remain unaffected in all cases.

(1) Consumers generally have a statutory right of withdrawal in distance contracts. Details concerning the conditions, time limits, consequences and exercise of the right of withdrawal are set out in Feelplex's applicable Withdrawal Instructions.

(2) For contracts concerning physical goods, the commencement and duration of the withdrawal period are governed by the statutory provisions.

(3) In contracts for the provision of digital content that is not supplied on a tangible medium, the right of withdrawal may expire before the end of the regular withdrawal period in accordance with the statutory provisions.

For paid digital content, this requires in particular that

1. Feelplex has begun performance of the contract,
2. the Consumer has expressly consented to Feelplex beginning performance of the contract before expiry of the withdrawal period,
3. the Consumer has acknowledged being aware that the right of withdrawal is thereby lost when performance of the contract begins, and
4. Feelplex has provided the Consumer with the contract confirmation required by law.

(4) The consent and acknowledgement required under paragraph 3 are obtained separately for the affected digital products before the order is completed.

(5) If the statutory requirements for early expiry of the right of withdrawal are not met, the Consumer's statutory right of withdrawal remains unaffected.

(6) The provision of a voluntary digital extra with physical goods in accordance with Section 6 does not result in the loss or restriction of any statutory right of withdrawal relating to the physical goods.

(7) Where Feelplex is legally required to provide an electronic withdrawal function on its online user interface, the Consumer may also exercise the right of withdrawal using that function. Other methods permitted by law for declaring withdrawal remain unaffected.

(1) The statutory rights in respect of defects apply to physical goods.

(2) In relation to Consumers, the statutory provisions governing conformity and rights in the event of defects in digital products apply to digital content.

(3) Mandatory statutory rights in respect of defects are not restricted by these GTC.

(4) Information concerning the characteristics, formats, functions, compatibility, scope and other features of a product is determined by the product description applicable at the time the contract is concluded.

(5) In relation to Entrepreneurs, the statutory rights in respect of defects apply unless a valid differing agreement is made in these GTC.

(1) Digital content made available through Feelplex may in particular be protected by copyright, related rights or other rights.

(2) The acquisition of digital content does not transfer any copyright, related rights or other exclusive rights to the customer.

The customer receives only those rights of use arising from the licence selected or specified for the respective product and the applicable licence terms.

(3) Where Feelplex offers different licence models for digital content, in particular private, editorial or commercial rights of use, the licence acquired by the customer determines the permitted scope of use.

(4) Any onward transfer, assignment, sublicensing, making available to the public, reproduction or other use beyond the scope permitted by the licence acquired is prohibited unless otherwise permitted by law.

(5) Audio previews, previews, preview images and other preview content made accessible before purchase serve solely to enable review and presentation of the respective offer. Accessing them does not grant any further rights of use.

This applies in particular to complete audio previews that are technically protected or provided with a protective audio mask.

(6) Mandatory statutory rights of use and legally permitted limitations and exceptions to the respective protected rights remain unaffected.

(1) Feelplex is liable without limitation in cases of intent and gross negligence and for damage arising from injury to life, body or health, where the statutory requirements are met.

(2) In the event of a slightly negligent breach of a material contractual obligation, Feelplex is liable only for loss that is typical for the contract and foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose performance is essential to the proper performance of the contract and on compliance with which the customer may regularly rely.

(3) In all other respects, Feelplex's liability for loss caused by slight negligence is excluded to the extent permitted by law.

(4) The foregoing limitations of liability apply accordingly for the benefit of Feelplex's legal representatives and vicarious agents. Mandatory statutory liability remains unaffected.

(1) Feelplex is neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution body.

(2) If a dispute arising from a consumer contract between Feelplex and a Consumer cannot be resolved, Feelplex will inform the Consumer, in accordance with the statutory requirements, of the competent consumer dispute resolution body and whether Feelplex is willing or obliged to participate in dispute resolution proceedings before that body.

(1) All contractual relationships between Feelplex and the customer are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

In relation to Consumers, this choice of law applies only insofar as it does not deprive the Consumer of the protection afforded by mandatory provisions of the country in which the Consumer has their habitual residence, to the extent that those provisions would apply under the applicable statutory rules in the absence of the choice of law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship is, to the extent permitted by law, the registered office of Feelplex.

(3) Mandatory statutory rules on jurisdiction remain unaffected.

(1) The GTC applicable to the respective contract are those in the version that was effectively incorporated into the contract at the time the contract was concluded.

(2) Supplementary licence terms or special product- or service-specific terms become part of the contract only if they are made available to the customer before conclusion of the contract and are effectively incorporated into the contract.

(3) Individual agreements between Feelplex and the customer take precedence over these General Terms and Conditions.

(4) If individual provisions of these GTC are or become wholly or partly invalid or are not incorporated into the contract, the remainder of the contract remains effective. The statutory provisions apply in place of any invalid or non-incorporated provision.