Terms of service

DISCLAIMER: Thank you for visiting our e-commerce store. Before purchasing and using our services and product, please take a moment to read our Terms of Service. The terms and conditions governing your use of our services differ based on your geographical location. Below you will find two sets of terms: one applicable to customers in the European Union and another for customers in the United States. Please refer to the terms applicable to your region.

Healyan Webshop
 - European Union (Customer Location)

General Terms and Conditions (with consumer information)

1. General and scope of application

(1) These General Terms and Conditions (GTC) apply to all contracts that are concluded between you as a customer and us as the operator of the Healyan Webshop on the Internet (https://healyan.com/). In the course of the ordering process, you accept the GTC in the version applicable at the time of placing the order.
(2) The operator of the web store and your contractual partner is: Healyan GmbH, Liebensteiner Straße 125, 36456 Barchfeld-Immelborn, registered in the Commercial Register of the Jena District Court under HRB 519508, represented by the Managing Director Philipp Caspari, VAT ID: DE 353210750 Please contact us if you have any questions, requests or complaints by e-mail: info@healyan.com or by telephone: +49 (0)176 44706633.
(3) We only sell to consumers via our webshop. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. If you wish to purchase our goods for commercial purposes, in particular for resale, please contact us individually.
(4) The GTC regulate the details of the contractual relationship and at the same time contain important consumer information in the legally relevant version. Via links in our webshop you can retrieve the GTC when ordering, save them on your computer and/or print them out. The GTC relevant to your order, including the cancellation policy, will be sent to you separately together with the order or contract confirmation on a permanent data carrier (e.g. by e-mail / PDF attachment).
(5) The following delivery restrictions apply: We currently deliver only to consumers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.

2. Conclusion of contract and customer account

(1) Our product presentation in the web store does not constitute a binding offer to sell. The offer to conclude a purchase and, if applicable, subscription contract is made by you as a customer by clicking the "buy now" button after creating a personal customer account and selecting your product. Before that, you can view and change your order at any time by clicking on the "shopping cart" button. Before submitting your order, you can also check and change your delivery and payment details. You remain bound to your order for 7 days, i.e. the contract is bindingly concluded if we accept your order within this period.
(2) After sending the order, you will immediately receive an automated e-mail confirming receipt of the order by us (order confirmation), which, however, does not constitute acceptance of the contract. We will declare the acceptance of the contract within the acceptance period according to paragraph 1 by separate e-mail as soon as we can dispatch the goods to you or confirm the delivery time (contract confirmation). If you merely purchase a gift card for later redemption in our webshop, the gift card conditions pursuant to § 3 shall apply in addition.
(3) The contract shall be concluded in the language of the country which you have selected as the language of communication on our homepage or in the webshop. The contract text (consisting of order, terms and conditions and contract confirmation) will be stored by us in compliance with data protection and sent to you by e-mail.

 

3. Gift cards and redemption

(1) Until 30.06.2024 at the latest, we will offer the following product for sale via our webshop: Healyan special glasses incl. case, software and smartphone app for light visualization of music. The initial term of the app usage contract (subscription) is at least one year and can be cancelled monthly thereafter. For the time being, you can only purchase a gift card in our webshop, which you can redeem in the webshop as soon as the product is available there. The following conditions apply.
(2) You will receive your gift card after payment of the purchase price, which corresponds to the gift card value, by e-mail as part of our contract confirmation. The gift card is transferable to registered users with a customer account and consists of a code that acts as a means of payment when ordering the product. Anyone in possession of the code and registered as a user with us may ultimately redeem the gift card at your expense, so we recommend careful storage and confidential treatment.
(3) We will notify you by e-mail at least one week before the general sales start that the product is online and can be purchased by you by redeeming the securitized gift card value at the then applicable price (plus shipping costs, if applicable). As of this notification, we grant you a further 14-day right of revocation in accordance with this provision, irrespective of your right of revocation in accordance with § 5, in the event that you do not like our offer.
(4) Furthermore, we undertake to refund the gift card price if you do not receive our e-mail notification of the availability of the product by 30.06.2024 at the latest; this obligation shall expire upon actual (also delayed) availability of the product in the web store if your request for refund has not been received by us in writing (e.g. by e-mail) before then. In all cases of reversal, the gift card will be deactivated by us upon repayment of the gift card price via the same means of payment that was used for its payment. Otherwise, it will remain valid for at least three years from the date of purchase (= date of contract confirmation) and may be deactivated by us at any time thereafter. A cash payment of the gift card value is excluded in all cases.

 

4. Prices, payment and retention of title

(1) The prices stated in our web store include the statutory value added tax and all other price components. They are exclusive of shipping and other additional costs. There are no additional costs for the purchase of gift cards.
(2) The payment of the purchase price and, if applicable, the incidental costs (invoice amount) shall be made optionally via the payment methods indicated in our web store before the order process is initiated (currently ShopPay, PayPal, GooglePay). As soon as not only gift cards but our actual product is available online, you can also use a previously purchased gift card for its payment by entering the corresponding code.
(3) Until full payment of the invoice amount (final and unconditional credit including incidental costs), we retain ownership of delivered goods and products in any case.

 

5. Right of revocation

(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, which we inform about in accordance with the statutory model below. In paragraph (2) you will find the statutory model withdrawal form. In the case of purchase of a gift card, this is considered "goods", whereby there is no obligation to return the goods and bear the costs. In case of revocation, the gift card will be deactivated against repayment of the purchase price, so that it can no longer be redeemed.

CANCELLATION POLICY

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Healyan GmbH, Liebensteiner Straße 125, 36456 Barchfeld-Immelborn, info@healyan.com, +49 (0)176 44706633) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. The above three paragraphs on return, bearing of costs and compensation for loss of value do not apply to the purchase of a gift card. This will be deactivated in the event of revocation against repayment of the purchase price.

(2) We inform about the model withdrawal form according to the legal regulation as follows:

Model revocation form

(If you wish to revoke the contract, please fill out and return this form).

• To: Healyan GmbH, Liebensteiner Straße 125, 36456 Barchfeld-Immelborn, info@healyan.com
  
• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
  
• Ordered on (*)/received on (*)
  
• Name of the consumer(s)
  
• Address of the consumer(s)
  
• Signature of the consumer(s) (only in case of paper communication)
  
• Date _______
  
  (*) delete as applicable

 

6. Rights of the customer in case of defects

(1) Your rights in the event of material defects and defects of title shall be determined in accordance with the statutory provisions, unless otherwise provided below.
(2) The product descriptions in our web store and, if applicable, also more detailed manufacturer's specifications and notes that are delivered together with the goods shall be deemed to be agreements on quality. Please take note of such notices before you decide to keep the product.
(3) We do not assume any liability for quality information provided by third parties, in particular by customers in our web store or customer reviews published elsewhere. We shall be liable for damages exclusively in accordance with § 7.
(4) Your statutory right of revocation (see § 5) and rights arising from any separately issued warranty declarations shall remain unaffected.

 


7. Liability for damages

(1) We shall be liable for damages in accordance with the statutory provisions, unless otherwise stipulated below.
(2) In the event of breaches of duty - irrespective of the legal grounds - we shall be liable for intent and gross negligence. In the case of simple negligence we shall only be liable:
- for damages resulting from injury to life, body or health and
- for damages resulting from the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, liability shall be limited to the compensation of the foreseeable, typically occurring damage.
(3) The above limitations of liability shall also apply to breaches of duty by persons for whose fault we are responsible in accordance with statutory provisions. Claims under the Product Liability Act shall remain unaffected in all cases. 

 

8. Choice of law, settlement of disputes, place of jurisdiction

 

(1) These General Terms and Conditions and the contractual relationship with you shall be governed by the laws of the Federal Republic of Germany to the exclusion of substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law shall remain unaffected. In particular, the choice of law may not result in the consumer being deprived of the protection that would be granted to him without the choice of law by the mandatory provisions in the country of his habitual residence.
(2) We shall endeavor to settle any disagreements arising from the contractual relationship with our customers amicably. However, we are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not willing to do so. We will make a binding decision on this on a case-by-case basis. We will inform you of our decision after the dispute has arisen in accordance with the statutory provisions, together with the contact details of a consumer arbitration board responsible for you if the dispute could not be settled directly. Furthermore, the European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/.
(3) The ordinary legal process remains open for both parties. The statutory provisions shall apply to the place of jurisdiction.

Status: 21.06.2023

___________________________________________________________________________________________________________

 

Healyan Webshop
 - United States (Customer Location)

General Terms and Conditions

1. General and Scope of Application 

(1) These General Terms and Conditions (GTC) govern all contracts between you, the customer, and Healyan GmbH, the operator of the Healyan Webshop, accessible via the website (https://healyan.com/). By placing an order, you agree to the GTC as they are at the time of order placement. 

(2) The operator of the web store and your contractual partner is: Healyan GmbH, located at Liebensteiner Strasse 125, 36456 Barchfeld-Immelborn, Germany, represented by Managing Director Philipp Caspari. If you have any inquiries, requests, or complaints, please reach us via email at info@healyan.com or by phone at 5102541611. 

(3) Our web store is intended for consumer use. A consumer refers to a natural person conducting a transaction primarily for non-commercial or non-professional purposes. For commercial purposes or resale, kindly contact us directly. 

(4) The GTC govern the contract and provide important consumer information. You can access, save, and print the relevant GTC for your order through links on our website. The applicable GTC for your order, including the cancellation policy, will be sent alongside the order or contract confirmation in a durable format. 

(5) Where practical, we deliver to customers globally.

1. Contract Conclusion and Customer Account:

(1) The product presentation on the web store is not a binding offer. By creating a customer account, selecting a product, and clicking the "buy now" button, you, as the customer, make a purchase offer. You can review and modify your order by clicking the "shopping cart" button before finalizing. Once submitted, your order is binding for 7 days. The contract becomes binding upon our acceptance within this period. 

(2) Upon order submission, you'll receive an automated order confirmation email, acknowledging receipt. This email does not confirm contract acceptance. We'll confirm the contract via a separate email when goods are dispatched or delivery timing is confirmed. 

(3) The contract will be established in the language chosen on our website. The contract details (order, terms, and confirmation) will be stored respecting data protection and sent to you via email.

1. Membership Purchase and Redemption

(1) Starting from 9/12/2023, we are offering memberships for purchase through our web store. These memberships include access to our app and device features. Further details are provided below. 

(2) Upon completing your purchase, you will receive a confirmation email with your membership details and access instructions for the app and device features. 

(3) Prior to the official launch of our product sales, we will notify you via email about the availability of our membership and the corresponding access privileges. In the event that the membership does not meet your requirements, you have the option to request a withdrawal within 14 days. 

(4) If you have not received the notification regarding membership or product availability up to one year [i.e., 365 days] after your purchase, we are committed to refund the membership price. However, this commitment becomes void once the membership becomes available. The membership is valid for a minimum of three years from the date of purchase and may be deactivated by us at our discretion. Please note that cash redemption is not applicable.

1. Prices, Payment, and Title Retention 

(1) Website prices include applicable taxes but exclude shipping and other additional costs. 

(2) Payment can be made using methods indicated on our website. Gift cards are also valid for payment. Ownership remains with us until full payment is received.

1. Right of Withdrawal (Return Policy) 

(1) Consumers can withdraw from a distance selling contract within a specified period, including gift card purchases. See details in the next section.

Refund Policy:

1. Right of Revocation: Consumers have a statutory right of withdrawal when entering into a distance selling transaction. We provide information about this right in accordance with the following statutory model. For gift card purchases, which are considered "goods," there's no obligation to return the physical goods. Upon revocation, the gift card will be deactivated, and its purchase price will be reimbursed.

1. Cancellation Policy You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you, or a third party named by you (who is not the carrier), have taken possession of the goods. To exercise your right of withdrawal, you must inform us at Healyan GmbH, Liebensteiner Strasse 125, 36456 Barchfeld-Immelborn, Germany, info@healyan.com, 5102541611, by a clear declaration (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form, though it's not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

1. Consequences of Revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (except additional costs resulting from your choice of a different delivery method than the standard one offered by us), without undue delay and no later than fourteen days from the day we received the notification of your revocation of this contract. We will use the same means of payment for the reimbursement as you used for the original transaction, unless expressly agreed otherwise; in any case, you will not incur any fees due to this reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your revocation of this contract to us. The deadline is met if you send the goods before the period of fourteen days has expired. You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. These paragraphs on return, cost-bearing, and compensation do not apply to gift card purchases. Gift cards will be deactivated upon revocation, and their purchase price will be refunded.

 

Additional Information:

Device Usage: The device is intended for consumer use and offers various effects. It emits strobe light and may trigger seizures in individuals with epilepsy. 

Subscription Program: The subscription program includes the Healyan app (iOS and Android) and Healyan glasses. Compatibility requires smartphones with Bluetooth low energy audio capability e.g. Bluetooth 5.3 certification or higher.” 

Meditative and Therapeutic Use: The device can be used for meditation and therapy purposes, such as sleep improvement, energy boost, creativity enhancement, stress relief, and focus enhancement.

Intended Usage of Document(s): These documents will be used during the checkout process to sell our device and membership to consumers on our website.

Compliance and Data Privacy: The document(s) will be adapted to ensure compliance with US data privacy and identity laws. While European GDPR standards can be stricter, we aim to align with relevant US regulations.

Separation of Recreational Use and Liabilities: The document(s) will emphasize the separation between recreational use and potential liabilities, acknowledging that strobe lights may trigger seizures in individuals with Light Induced Epilepsy.

Obligations of Notice and Disclosure: We will review the document(s) for any obligations of notice or disclosure of product or company details.

Choice of Law, Dispute Resolution, Place of Jurisdiction: 

(1) These General Terms and Conditions and the contractual relationship between you and Healyan GmbH shall be governed by the laws of the United States, excluding substantive uniform law. Statutory provisions limiting the choice of law remain unaffected. This choice of law does not affect your consumer rights under applicable local law. 

(2) We aim to resolve disputes amicably. However, we do not commit to participating in a consumer arbitration board. Decisions will be made on a case-by-case basis. The ordinary legal process remains available for both parties.