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Welcome to the website of RyseUp Service GmbH. The website www.ryseup.com and the services offered are provided by RyseUp Service GmbH, represented by Carsten Marx, Anni-Eisler-Lehmann-Strasse 3, 55122 Mainz, Germany, Email: info@ryseup.com (hereinafter referred to as the “Provider”).
We reserve the right to change these terms of use from time to time. Such changes become effective immediately upon being published on the website. It is your responsibility to regularly review these terms of use.
1. Scope of Application
(1) By visiting the website, you (the “User”) accept the following terms of use. Please read these terms of use carefully. If you do not accept these terms, please do not use the website. (2) User’s terms and conditions or business terms do not apply, even if the Provider has not expressly objected to their validity in individual cases.
2. Subject Matter and Scope of the User Agreement; Blocking Access
(1) The Provider offers you the opportunity to inform yourself about the services it offers through its website. (2) The Provider may block your access to their website at any time and without prior notice:
3. User’s Responsibilities
(1) You are prohibited from violating the rights of third parties, harassing third parties, or otherwise violating applicable law or good morals when using the Provider’s website. In particular, you agree to refrain from the following actions:
4. Availability; System Failures; Technical Usage Requirements
(1) Your entitlement to the availability of the Provider’s website exists only within the framework of the current state of technology. The Provider may temporarily restrict its services if this is necessary with regard to capacity limits, the security or integrity of the servers, or for the implementation of technical measures, and this serves the proper or improved provision of services (maintenance work). In such cases, the Provider takes into account the legitimate interests of users, such as through advance notices. (2) If an unforeseen system failure disrupts the use of the website, users will be informed in an appropriate manner. (3) Access to the website is only possible through a browser running on a computer or mobile device with an internet connection. Other access methods are not supported. To fully utilize the Provider’s website, users must use the latest (browser) technologies or enable their use on their computer (e.g., enabling JavaScript, cookies, pop-ups). Using older or non-standard technologies may result in limited use of the Provider’s website. It is explicitly noted that the display and printing of data displayed on the website may differ from the screen display due to individual hardware or software configurations, and the user’s internet connection is the user’s own responsibility, without the Provider having any influence or responsibility for it.
5. Data Protection
The Provider collects and processes users’ personal data exclusively in compliance with applicable legal regulations, in particular the GDPR. Information on the processing of personal data by the Provider can be found in its privacy policy.
6. Limitation of Liability
(1) The Provider cannot be held responsible for false information in the user’s registration. Consequently, the Provider cannot assume liability for the accuracy of this information, and the content stored by the user with the Provider is considered third-party information within the meaning of the applicable telemedia law. (2) The Provider is not liable for achieving any desired outcome that the user wishes to achieve through the use of the website. In all other respects, the Provider, except for injury to life, body, and health and the breach of essential contractual obligations (cardinal obligations), is only liable for damages attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damages, particularly lost profits. (3) The liability is limited in amount to foreseeable damages typical for the contract, except in cases of intentional or grossly negligent conduct or damages resulting from injury to life, body, health, and the breach of essential contractual obligations (cardinal obligations). This also applies to indirect consequential damages, particularly lost profits. (4) To the extent the Provider’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, executive employees, and simple vicarious agents.
7. Miscellaneous
(1) Trademark and Copyright a) In relation to you, the Provider is the sole owner of the reproduction, distribution, processing, and all copyright as well as the right of non-material transmission and reproduction of its website as well as the individual content, services, or other developed services and protective rights contained therein. The use of all services and the content, materials, trademarks, and trade names (such as the names of the Provider and the associated logo) is only permitted for the purposes stated in these terms of use. Use without the express permission of the Provider constitutes a violation of these terms of use and may result in blocking. You retain all rights to content uploaded by you and bear sole responsibility. The Provider only obtains all rights necessary for the publication and use of the content on its website. b) Violations of copyright, trademark, or other intellectual property rights will be dealt with by the Provider, and the Provider reserves the right to delete or deactivate content for which a corresponding violation has been reported, at its sole discretion, and to block the profiles of repeat offenders.
(2) No Warranty/Change; Restriction of Provider’s Services; Transfer to Third Parties a) Your access to the website and the services of the Provider is at your own risk. The Provider has the right to make changes to the website and the services it offers without prior notice or liability.
(3) Agreements with Third Parties From time to time, the Provider enters into agreements with third parties that act as external service providers and provide the software/technology/IT for products or services to the Provider and you. You are obligated to comply with the terms and guidelines of these third parties, provided that they are posted on the Provider’s website or linked to the respective third party’s website. These terms and guidelines may change at any time.
8. Applicable Law and Jurisdiction; Final Provisions
(1) Your legal relationship with the Provider is subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention. Mandatory provisions of the state in which you have your habitual residence remain unaffected. The place of jurisdiction is agreed to be the registered office of RyseUp Service GmbH, provided that there are no mandatory legal regulations to the contrary. (2) The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. (3) Should individual provisions of these terms of use be or become ineffective or unenforceable, the validity of the general terms of use and the user agreement shall remain unaffected. In place of the ineffective or unenforceable provision, the effective and enforceable provision that comes closest to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision shall apply.
Terms of Use Status: September 6, 2023
§ 1 Scope, Definitions
(1) These General Terms and Conditions apply exclusively to the business relationship between the operator of the website www.ryseup.com, RyseUp Service GmbH, Anni-Eisler-Lehmann-Strasse 3, 55122 Mainz, represented by the managing director and registered in the commercial register of the Wetzlar District Court under HRB 6871 (hereinafter referred to as “we,” “us,” or “the provider”) and the customer (hereinafter referred to as “customer”). Deviating general terms and conditions of the purchaser are not recognized, unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or legally capable partnership that acts in the conclusion of the contract in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of Contract
(1) The customer can select products from the provider’s range and collect them in a so-called shopping cart by clicking the “Add to Cart” button. By clicking the “Order Now” button, the customer submits a binding offer to purchase the items in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these contract terms by clicking the “Accept Terms and Conditions” button, thereby incorporating them into their offer.
(2) Subsequently, the provider will send the customer an automatic acknowledgment of receipt by email, listing the customer’s order and which the customer can print using the “Print” function. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded when the provider accepts the offer with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, terms and conditions, and order confirmation) will be sent to the customer by us on a durable medium (email or paper print) (contract confirmation). The contract text is stored while respecting data protection.
(3) The contract is concluded in the German language
§ 3 Delivery, Availability of Goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no different delivery time is specified for the respective product in our online shop, it is 8 days.
(2) If no copies of the selected product are permanently or temporarily available at the time of the customer’s order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider refrains from accepting the offer. In this case, no contract is concluded unless the customer places a pre-order, which the provider confirms again.
(3) The following delivery restrictions apply: The provider only delivers to the address provided in the order form.
§ 4 Retention of Title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and Shipping Costs
(1) All prices stated on the provider’s website at checkout include the respective applicable statutory value-added tax.
(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal.
(3) The goods are shipped by postal service. The shipping risk is borne by the provider if the customer is a consumer.
(4) In the case of a withdrawal, the customer must bear the direct costs of returning the goods.
§ 6 Payment Terms
(1) Payment of the purchase price is due immediately upon conclusion of the contract.
§ 7 Special Agreements on Offered Payment Methods
§ 8 Warranty for Defects, Guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions. For entrepreneurs, the warranty period for goods delivered by the provider is 12 months.
(2) An additional 24-month guarantee exists for goods delivered by the provider only if it has been explicitly provided in the order confirmation for the respective item.
§ 9 Usage Rights
The customer, upon payment of the agreed and due fee, receives the contractually agreed and non-transferable, simple right to use the provider’s product software for private or other personal use.
§ 10 Liability
(1) Customer claims for damages are excluded. This does not apply to customer claims for damages arising from the violation of life, body, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breaches of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider’s liability is limited to the foreseeable, typically occurring damage if this was simply caused by negligence, unless it involves customer claims for damages arising from the violation of life, body, or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability in paragraphs 1 and 2 do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement regarding the condition of the item. The provisions of the Product Liability Act remain unaffected.
§ 11 Right of Withdrawal
(1) Consumers have a legal right of withdrawal when concluding a distance selling contract, which the provider informs about in accordance with the statutory pattern below. Exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form is provided in paragraph (3).
Withdrawal Policy (Germany, Austria, Switzerland)
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us, RyseUp Service GmbH, Anni-Eisler-Lehmann-Strasse 3, 55122 Mainz, email: returns@ryseup.com, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold 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 the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost 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.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To RyseUp c/o BS&I, Beemdstraat 26, 5711 CV Someren, Netherlands
Email: returns@ryseup.com I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) /for the provision of the following service (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate
§ 12 Final Provisions
(1) The laws of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Sales Convention. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s place of business.
(3) Even if individual points of the contract are legally invalid, the contract remains binding in its other parts. Instead of the invalid points, the statutory provisions shall apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall be deemed invalid.
Version dated 26.09.2023
A New State of Being
The RyseUp devices and programs create a “PEMF+” (Pulsed Electromagnetic Field plus Sound) transmission, a technology developed and registered by RyseUp. The RyseUp pulsed electromagnetic programs operate as a feature of the emerging field of “frequency science.” Frequency science has long been recognized by Traditional Chinese Medicine (TCM) and our new understanding of the homeodynamics, an example of which is the recent study of the “biofield.” The biofield has been reported by the U.S. NIH (National Institutes of Health) as an electromagnetic field emanating from all living organisms: humans, animals, and plants. This emerging field of study intends to provide a scientific foundation for understanding the complex homeodynamic relationship of living systems. Currently, the U.S. National Institutes of Health posts more than 400 academic papers investigating the biofields of living organisms, focusing on the human biofield. RyseUp frequencies and devices have been designed as wellness devices and programs to provide a low-level energetics experience of the interaction between the RyseUp devices and programs as they resonate with the biofield. Although many have enjoyed a wellness experience with RyseUp—promoting rest and relaxation, meditation, and other moderating energetic experiences—it must be stressed that this area of energetics still is theoretical and should not be relied upon to replace consultation with your physician or other wellness practitioner. RyseUp devices are not intended to diagnose, treat, or prevent disease, disease-like or other medical conditions. If you are under the care of a doctor or other healthcare practitioner, you should consult your doctor or wellness advisor before using RyseUp. There are no reports of contraindications when using the RyseUp PEMF+ technology, but because this is an electromagnetic device, it should not be used by anyone with a metal implant (other than titanium, which is non-magnetic) or anyone with a pacemaker, an implantable cardioverter defibrillator (ICD), a cochlear implant, intrathecal pump, insulin pump, spinal cord stimulator, or similar medical device. Further, and out of an abundance of caution, we do not recommend the use of RyseUp devices by pregnant or lactating women or anyone under the age of 18 (except by parental permission and/or the permission of a consulting physician). When using RyseUp devices and programs, hydrate for maximum effectiveness. Be advised that not all frequencies work for all people. Your body will tell you what works for you!
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