The Soulhouse Academy is managed by Madeleine Dumhart and is a brand of Sacherei e.U.

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General Terms and Conditions Soulhouse Academy

 

1. scope of application

1.1 These General Terms and Conditions apply to the sale and delivery of goods by Soulhouse (a product of Sacherei e.U.) with its registered office and business address at 4203 Altenberg bei Linz, Altenbergerstraße 189.

1.2 Deviating terms and conditions of the Buyer shall only be valid if Soulhouse agrees to them in writing and manufactured by the company.

1.3 By placing an order, the Buyer agrees to these General Terms and Conditions and is bound by them.

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2. clarification

2.1 All offered products and applied methods are on energetic level energetic and no substitute for medical diagnosis and therapy and also no substitute for psychological or psychotherapeutic examination or treatment. In case of doubt, please contact a doctor or therapist.

2.2 I expressly declare to the buyer that I am not authorized to practice medicine. I do not cover any medical professions, which according to legal regulations are reserved for medical professions, psychotherapeutic professions, physiotherapeutic services as well as activities reserved for regulated trades such as life and social counseling (also: nutritional counseling), massage, cosmetics (beauty care).

2.3 The Buyer declares of his own free will to make use of the assistance and to provide all the information related to the survey of the energetic state of his own accord, on the one hand to inform about the fact that medical treatments are conducted in parallel or, on the other hand, for example, pregnancy or other impairments that are important for the survey of the energetic state.

 

3. prices

 

3.1 Prices are ex Soulhouse warehouse without deduction. All expenses incurred by shipping, including any import or export duties, shall be borne by the Buyer.

The actual delivery costs incurred will be displayed in the shopping cart after correct selection and charged to the buyer. The amounts stated may be unilaterally changed by Soulhouse for future contracts at any time.

3.2 The prices stated in catalogs, brochures, price lists, etc. are - unless expressly stated otherwise in individual cases - always subject to change. The prices shall not be binding for repeat orders.

3.3 Prices are based on the costs at the time of the initial price quotation. Should the costs change by the time of delivery, Soulhouse shall be entitled to adjust the prices accordingly.

3.4 Point 2.3 shall not apply to transactions with consumers within the meaning of the Consumer Protection Act.

 

4 Payment and Deposit

4.1 The purchase price is due at the latest upon delivery of the goods. This shall also apply to partial deliveries, where the purchase price shall be paid for the respective partial quantities delivered.

If delivery with delivery is agreed, this and any transport insurance requested by the buyer will be charged separately. The fee for this is due upon delivery of the goods. If the charged price is not paid in full upon delivery, the carrier of the goods is entitled to take them back at the expense of the buyer. Justified complaints do not entitle the buyer to retain the entire invoice amount, but only an appropriate part of it. In the case of transactions with consumers, the latter shall be entitled to refuse payment if Soulhouse has not performed the delivery in accordance with the contract or if the performance is jeopardized by the consumer's poor financial circumstances, which were neither known nor should have been known to the consumer at the time of the conclusion of the contract. If Soulhouse offers adequate security, this right to refuse payment shall not apply.

4.2 Soulhouse retains title to all goods until full payment of the purchase price including ancillary charges.

3.3 When an order is placed, a deposit of 25% of the order value shall be paid. The deposit shall be paid within 14 days.

4.4 Payments to Soulhouse personnel shall only be accepted if confirmed by a cash receipt.

4.5 If the Purchaser is in default of payment or other performance, Soulhouse:

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postpone the fulfillment of its own obligations until such time as the overdue payments or other services have been effected,make use of a reasonable extension of the delivery period,make the full or outstanding purchase price due immediately (loss of term); this shall also apply in case of an agreement on payment in installments with the consumer under the condition that Soulhouse has already rendered its services, at least one outstanding service of the consumer has been due for at least 6 weeks and Soulhouse has unsuccessfully reminded the consumer under threat of loss of time and setting of a grace period of at least 2 weeks,interest on arrears of 6% above the base interest rate of the Oesterreichische Nationalbank, at least 10% per year, plus value added tax and, in the event of failure to comply with an appropriate grace period, withdraw from the contract and demand from the Buyer the reminder and collection costs incurred, insofar as they are necessary for appropriate legal action, whereby the Buyer undertakes, in particular, to reimburse at most the fees of the collection agency involved, which are derived from the BMWA regulation on the maximum rates for collection agencies. In addition, any further damage, in particular also the damage resulting from the fact that as a consequence of non-payment correspondingly higher interest on possible credit costs are incurred by Soulhouse, shall be compensated irrespective of the fault for the delay in payment.

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4.6 Discounts or bonuses granted are conditional upon receipt of full payment. In the case of payment with vouchers, no credit note can be issued for any remaining amounts. The redemption period for goods vouchers/purchase vouchers etc. shall be based on the date stated on the goods vouchers/purchase vouchers etc.

4.7 Rebates and discounts do not apply to subscriptions, competitions of any kind or goods already reduced. Rebates, discounts as well as promotional offers are only applicable for the purchase of usual household quantities.

4.8 In case of delay in payment of invoices up to an amount of EUR 365,- a reminder will be sent to the Buyer for payment of the outstanding purchase price and a handling fee of 10% of the purchase price, but at least EUR 7,30. If the Purchaser does not pay this amount by the date specified in the reminder letter, Soulhouse shall be entitled to immediately file a dunning action.

4.9 For transactions with consumers within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz), Clause 4.4 and Clause 4.5 last bullet point shall not apply.

 

5 Transfer of risk

5.1 In the event of delivery of the goods by Soulhouse, the handover shall take place at the point accessible to the tail lift or crane of a truck and the use and risk shall pass to the Customer or its representative at the latest upon handover.

 

 

6 TAKING BACK OF THE GOODS

6.1 Until revoked, Soulhouse is willing to take back goods purchased from it against reimbursement of the full purchase price under the following conditions: The return must be made within 10 days from the date of the invoice in the original packaging, undamaged and with presentation of the original invoice. Marked special offers will only be taken back in the total quantity purchased. The return will be made at the price valid at the time of the original purchase. The refund of the purchase price will be made in the form of a credit note. Expressly excluded from this are goods on order, exhibition items, lost and found items, remaining stock and partial quantities from packaging units, partial quantities from sets.

6.2 If the buyer is a consumer in the sense of the Consumer Protection Act and has placed his order via the Internet online store, he may, in accordance with §§ 5e - 5h KSchG and in deviation from point 5.1, withdraw from the purchase contract in writing or by returning the goods within seven days of delivery. The withdrawal does not require any justification, but must only be sent in due time. The buyer will be refunded the already paid purchase price against return of the goods, but has to bear the costs of return.

 

7 orders, delivery period, obstacles to delivery, withdrawal from the contract
 

7.1 Soulhouse accepts orders via the Internet online store. When placing an order, the customer shall specify a desired delivery date as well as an alternative date. The customer is obligated to ensure proper acceptance of the ordered goods on these dates.

7.2 Delivery shall be made by Soulhouse or a commissioned carrier at times customary to the business. In case of non-acceptance of ordered goods Soulhouse shall be entitled to claim compensation for additional expenses incurred thereby, such as frustrated transport costs. This shall not apply if Soulhouse does not provide its services in accordance with the contract.

7.3 The acceptance of orders shall be subject to delivery possibilities. Soulhouse reserves the right to allocate smaller quantities to the purchasers in case of oversubscription of a product. In case of unavailability of a product, other products may be used. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances beyond Soulhouse's control, the obligation to deliver shall lapse or the delivery period shall be extended by the duration of such obstacles.

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Circumstances beyond Soulhouse's control include in particular: Difficulties in obtaining the goods or input materials from third parties, in the case of subscriptions the delayed release of the goods by Soulhouse's supplier, operational disruptions (also at Soulhouse's suppliers), traffic disruptions, lockouts and strikes as well as all cases of force majeure. In the case of transactions with consumers, only objectively justified and minor changes that do not affect the price are permissible. This shall apply in particular to reasonable delivery overruns and the like.

7.4 Soulhouse shall be entitled to withdraw from the contract in whole or in part in the cases mentioned in clause 7.3 without being liable for damages. A prerequisite for the Customer's withdrawal from the contract, however, is a delay in delivery for which Soulhouse is responsible despite having set a reasonable grace period of at least four weeks in writing.

7.5 In the case of divisible performances, the Customer shall not have the right to rescind the contract with respect to deliverable parts insofar as parts of the performance can be fulfilled and are usable by the Customer. Under the same conditions, or if the remaining parts can be delivered in time, the customer shall not be entitled to refuse acceptance of partial deliveries.

7.6 If Customer unjustifiably declares that it does not wish to adhere to the contract ("Cancellation") and Soulhouse agrees to this in writing, Soulhouse shall be entitled to 15% of the purchase price as a lump-sum minimum compensation ("Cancellation Fee") in the case of goods in stock. In case of Ordered Goods such a cancellation of the contract is generally excluded.

7.7 Changes or cancellations of orders by the Purchaser shall generally require the written form. Soulhouse reserves the right to also accept declarations in another form, which shall then, however, only become effective upon written confirmation by Soulhouse.

7.8 For transactions with consumers within the meaning of the Consumer Protection Act, it shall apply, in deviation from points 7.3 and 7.4, that the Buyer may withdraw from the contract after exceeding the stated delivery dates by setting a reasonable grace period.

7.9 For online vouchers, the conditions stated on the Internet shall apply additionally.

 

8 Warranty

8.1 Promises, such as those concerning the usability or special characteristics of the goods, or statements made by Soulhouse's employees shall not be binding and shall not constitute an express warranty of certain characteristics unless made in writing. This clause shall not apply to transactions with consumers.
8.2 Warranty claims require that defects are reported to Soulhouse without delay, namely visible defects immediately upon acceptance, hidden defects after discovery, and upon presentation of the opened goods and original invoice. This clause shall not apply to transactions with consumers.

8.3 A warranty claim shall in any case be limited to the invoice value of the delivered and defective goods.

8.4 Soulhouse shall fulfill its warranty obligations at its option either by delivery of defect-free goods, improvement, subsequent delivery of shortages or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period of time. This clause shall not apply to transactions with consumers.

8.5 Customary or minor deviations in quality, quantity, color, size, weight, equipment or design due to technical reasons shall neither constitute warranty defects nor non-performance of the contract.

8.6 Soulhouse shall not be liable for conformity of taste, color, material and sample or other conformity characteristics of reordered goods. The same shall apply to goods ordered on the basis of samples, insofar as the deviation is within the customary commercial and technical limits.

8.7 Any warranty shall be excluded after tasting, consumption or processing of the goods. This clause does not apply to transactions with consumers.

8.8 The warranty period shall be 2 years from the date of transfer of risk pursuant to clause 6.

8.9 After the time of the transfer of risk to the customer (clause 5), glass breakage in particular shall not constitute grounds for the customer to assert warranty claims.

8.10 In the case of transactions with consumers within the meaning of the Consumer Protection Act, in place of Sections 8.1 to 8.4, the customer may, in the event of a defect, at its option demand improvement, replacement of the item, a reasonable price reduction or rescission.

 

9 Liability for damages

9.1 Soulhouse shall be liable for damages only in case of intent or gross negligence, with the exception of personal injury.

9.2 Liability shall be limited to 10% of the value of the goods within the scope of the statutory provisions. Compensation for consequential (defect) damages, other property damages, pecuniary damages and damages from third party claims against the Buyer shall be excluded.

9.3 For transactions with consumers within the meaning of the Consumer Protection Act, point 9.2 does not apply.

 

10 EDP processing and customer data

10.1 The Buyer agrees that the data about him/her stated in the purchase contract and disclosed during registration will be stored and processed in compliance with the provisions of the Data Protection Act. This data will be used for the fulfillment of legal requirements, for the processing of payment transactions and customer care.

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11. other provisions

11.1 If individual provisions of the contract or these General Terms and Conditions are invalid, this shall not result in the invalidity of the entire contract. The remaining content of the contract shall remain unchanged.

11.2 The place of performance of this contract for both Soulhouse and the Purchaser shall be Linz.

11.3 The competent court in Vienna shall have exclusive jurisdiction to decide all disputes arising in connection with the contract.

11.4 The contract shall be governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.5 Point 11.3 shall not apply to transactions with consumers within the meaning of the Consumer Protection Act. Point 11.4 shall apply with the restriction that under the conditions of Art 5 of the European Convention on the Statute for Contracts, special consumer protection provisions of the law of the state in which the Buyer has his habitual residence may take precedence over the chosen Austrian law.

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12. company data:

Madeleine Dumhart, Sacherei e.U. Soulhouse Academy

Altenbergerstraße 189 . 4203 Altenberg near Linz

Tel: +43 732 776 348

E-Mail: akademie@soulhouse.at 

Web: www.soulhouse.at

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Information about human energetics

Energetic assistance deals exclusively with the activation and harmonization of the body's own energy fields (life energy). Clients receive energetic products produced with the help of commercially allowed methods of energetics. Since these products serve to restore and harmonize the body's own energy fields, they do not represent a healing treatment. The mode of action and success of energetic treatment is not scientifically proven or disproved in the case of certain methods. Accordingly, energetic products do not represent any substitute for medical, medical or psychological diagnosis and treatment. All statements and advice are not diagnoses but are purely energetic descriptions of condition. Clients are hereby informed that they should consult a physician for diagnosis and treatment.

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Declaration of consent

Energetic work is not a working method in the sense of empirical scientific knowledge. The success of energetic applications is therefore not predictable or measurable. Clients are hereby informed and acknowledge that they have been explicitly informed that they are only receiving assistance with the help of energetic working methods, which do not represent a conventional medical treatment. Clients confirm that they have not been promised any kind of success, in particular no healing or alleviation success, and that they voluntarily purchase these products. Furthermore, clients expressly declare that they also approve of the fact that with the present treatment no relief or other improvement of their suffering conditions and diseases is to be expected. Accordingly, the energetic working method is not a substitute for medical diagnosis and treatment. Clients are hereby informed that they should consult a physician, psychologist or psychotherapist for diagnosis and treatment. Clients have paid for the products of their own free will and expressly declare that they consider the amount of the same to be reasonable. 

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Accordingly, clients expressly waive the right to full or partial reimbursement of the costs they have paid and therefore waive the right to contest for shortage over half of the true value, as the application of the client's energetic working method represents special preference in the treatment.

 

Payment methods

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- PayPal

- Direct bank transfer

- cash in advance