General Terms and Conditions
1. General
1.1 These General Terms and Conditions (GTC) govern the relationship between Solaire Studio LLC, 7901 4th St N, STE 300, St. Petersburg, FL 33702, United States, represented by Marlene Gruber (hereinafter "Seller" or "we") and a consumer or business customer (hereinafter "Customer") for the purchase of offered goods and services, unless modified by written agreement between the parties.
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature. A business customer is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
1.2 Changes to these GTC will be communicated to the Customer in writing or by email. If the Customer does not object within four weeks of receiving notification, the changes are deemed accepted.
2. Contract Formation
2.1 The presentation of goods and services on our website does not constitute a binding offer. Only the Customer's order constitutes a binding offer. The Seller may accept this offer within five days. Upon acceptance, the Seller will send an order confirmation by email.
2.2 During the ordering process, the Customer has the opportunity to review and correct all entries. Before completing the order, the Customer receives a full summary of all order details.
2.3 The Seller will contact the Customer by email. The Customer is responsible for ensuring that the email address provided is correct.
2.4 For digital goods, the Seller grants the Customer a non-exclusive, geographically and temporally unlimited right to use the provided digital content for private and commercial purposes. Passing on content to third parties or reproducing it for third parties is not permitted without the Seller's express written authorization.
3. Payment Terms
3.1 The purchase price is due immediately upon ordering. Payment is made using the payment methods available at checkout.
3.2 The prices stated at the time of ordering apply. As Solaire Studio LLC is a US-based entity and does not charge VAT, all prices are net prices. Customers are solely responsible for any taxes or duties applicable in their country of residence.
3.3 The Customer may only offset claims against the Seller if the counterclaims are undisputed or have been legally established.
4. Delivery
4.1 Digital goods are delivered to the Customer electronically, either as a download or by email.
4.2 The Seller will endeavor to make digital goods available promptly after receipt of payment. Unless expressly agreed otherwise, there is no entitlement to immediate delivery.
5. Right of Withdrawal
5.1 Customers acting as consumers are generally entitled to a statutory right of withdrawal. The withdrawal period is fourteen days from the date of contract conclusion.
5.2 For digital content not delivered on a physical medium, the right of withdrawal expires once the Seller has begun performance of the contract and the Customer has expressly agreed that the Seller may begin performance before the withdrawal period has expired, and has confirmed their understanding that they thereby lose their right of withdrawal.
5.3 Customers acting as business customers are not entitled to a statutory right of withdrawal.
6. Warranty
To the extent that delivered goods or digital content are defective, the Customer is entitled, within the framework of applicable statutory provisions, to demand subsequent performance, withdraw from the contract, or reduce the purchase price. The limitation period for warranty claims is two years from receipt or provision of the digital content, in accordance with Austrian law (ABGB).
7. Limitation of Liability
7.1 The Seller is liable for intent and gross negligence. The Seller is also liable for the negligent breach of material contractual obligations, but only for foreseeable, typical contractual damages. Any further liability is excluded.
7.2 The above limitations of liability do not apply in cases of injury to life, body, or health.
7.3 Data communication over the internet cannot be guaranteed to be error-free or available at all times given the current state of technology. The Seller is not liable for the continuous and uninterrupted availability of digital offerings.
7.4 The European Commission provides an online dispute resolution (ODR) platform at: https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
8. Final Provisions
8.1 Amendments or additions to these GTC must be made in writing.
8.2 These GTC are governed by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which a consumer has their habitual residence remain unaffected.
8.3 For merchants, legal entities under public law, or special funds under public law, the place of jurisdiction is the competent court at the Seller's representative's place of business in Austria. For consumers, the statutory place of jurisdiction applies. If a consumer has their domicile outside the European Union, the courts at the Seller's representative's place of business in Austria shall have exclusive jurisdiction.
8.4 Should any individual provision of these GTC be invalid or conflict with statutory regulations, the remainder of the GTC shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent and purpose of the original.