Copyright © by D. Harald Alke 1976 - 2019
CEO: D. Harald Alke
Kyborg® Institute & Publishing (Kyborg Institut & Verlag
(Seminars, consulting, research, trend analysis | 1985 - 2019)
P.O. Box 1120
Publisher Code: 93354
UID: DE 15 44 24 97 2
Alke Ltd. Spiritual Art & Magic (Alke GmbH Spirituelle Kunst & Magie)
(Online-Shop, Production and distribution of the products of the Kyborg Institute & Publishing | 1998 - 2019)
P.O. Box 1120
UID: DE 812 577 438
Seat of the Ltd. ("GmbH" in German language): Flörsheim-Dalsheim, District Court Mainz HRB 11823,
Managing Director and only authorized to represent: D. Harald Alke, Biotechnologist and Energytrainer
The model of the Energy Pyramid is patented under the term "Doppelpyramide" (double pyramid) (Federal Patent Office No. M 9302848.2 from 14.4.1993) and may not be recreated!
Tel.: +49 (0) 6243-7057
Fax: +49 (0) 06243-7058
Administration / support of the website (contact for technical problems):
Alke Ltd. Spiritual Art & Magic
Tobias O. R. Alke, M.A. Sociologist - Scientific Advice
Dipl. Energytrainer SSL
» HOUSE RULE «
During your visit to our house and our exhibition, the listed house rules apply!
To view click on »House Rules«!
Online dispute resolution platform (OS) | http://ec.europa.eu/consumers/odr/
General Terms and Conditions
§ 1 Scope
For the use of our website and the use of our online shop, the following terms and conditions of the Kyborg Institute & Publishing and the Alke Ltd. Spiritual Art & Magic apply.
§ 2 Contract Conclusion
The conclusion of the contract is as stated in the offer or the invoice with the Kyborg Institute & Publishing and/or the Alke Ltd. Spiritual Art & Magic.
Our online shop is a representation of the goods offered by us. You have the ability to request a quote for all the goods offered. For digital products you immediately conclude a purchase agreement via (for example PayPal) payment services. The information given below applies to digital products. Since our goods are particularly dependent on world market prices (eg stainless steel, rare crystals, gold and others), smaller or larger deviations from the prices quoted in the shop may occur. Only after your confirmation of the prices currently charged by us in our offer to you, a contract of sale is concluded and then only with your receipt of payment from us.
Upon ordering physical goods (Energy Pyramids, books, and other solid products), you will receive an offer from us (usually within 24 hours), with the goods and prices included. Only after your express confirmation by transfer or order confirmation is the binding conclusion of contract concluded. Up to this point, we have no claims on you for physical goods. Your obligations with respect to the Digital Goods will remain unaffected and will be deemed a contract under the digital product details below and will generally be payable immediately after your order has been placed.
Unless otherwise specified in writing in your case, these general terms and conditions apply and will not be stored separately by us.
§ 3 Digital Products
When acquiring digital products (PDFs, eBooks, programs, sound files | in all known and future file formats (2D, 3D, and future developed formats)) the following applies:
By purchasing a digital product on our website, the customer acquires the right to own a copy of the file he has acquired from us. He does not acquire the copyright or a resale license. The copy of the digitial product is for personal / private use only and may not be publicly displayed or awarded. Similarly, uploading to file-sharing systems or other types of distribution systems is prohibited. Violations will be prosecuted.
For the purchase, the following applies:
For the purchase of digital products (in their respective form on our website) the establishment of a user account is required.
With the purchase of the file, the buyer also has the right to download the file twice within one year via his user accounton our website and save it on any disk of his choice. After expiry of the deadline, unused download options expire, or with a 2-time download, the customer's access period of one year expires on the file with consumption of the second download option. If the customer requests the closure of his user account on our website, his remaining download options on digital articles purchased expire too.
The customer is free to purchase a new copy of the file at any time (eg if the file is lost). The same conditions of one year access period and 2 download options apply to any data carrier of the buyer. A claim for compensation of a file loss, for example, destroyed disk or other risks associated with data storage, the customer does not receive.
Due to European regulations, the sale of digital products between members of the European Union is subject to special VAT conditions. In the case of contractual partners within the EU, this must always be paid in the country of the buyer and in the amount of the VAT rate specified there. For example, if a citizen from France purchases an eBook on our website, the French VAT rate applies to eBooks.
As a result of this policy, purchases of VAT in the eStore section of our Digital Products website will be subject to different VAT calculations than those for physical products. The displayed retail price of a digital article is consistent for each EU member country (and worldwide). Only the VAT included in the sale price varies widely, depending on the place of residence of the buyer. Residence is determined by the billing address indicated by the buyer.
§ 4 Error
For typing errors and miscalculations, as well as errors on the Internet pages, we reserve the right to withdraw from the contract due to error.
§ 5 Delivery
In rare cases, delivery bottlenecks may occur. Therefore, there is basically no claim to delivery or subsequent delivery. We will inform the customer immediately if an item should not be available. As a delivery method we use DHL, Deutsche Post and forwarding agencies as needed. You will find corresponding information in your second order confirmation. When executing the order the risk for the ordered goods with departure from our warehouse passes to the recipient.
§ 6 Shipping Conditions
You can find out more about the shipping costs in our general shipping information and explicitly in our offer to you.
A self-pickup of the goods is possible after consultation.
The exact value of your shipping costs, please refer to our 2nd order confirmation! All prices are subject to change, as we are dependent on the costs of the carriers! The delivery method "parcel" is not used because repeated parcels have been lost!
FREIGHT FORWARDING: For large Europe-wide and international deliveries we use different service providers. The expenses incurred here will be calculated individually with our service providers. We can offer the following (insured) services for the delivery of our products in this area. All services will be coordinated with you and personal wishes will be considered if possible:
- Freight forwarding (parcels and pallets)
- Air freight (also pallets and bulky (eg the Irminsul) | if you want to go fast)
- Sea freight (with container | very large loads and if it may be a bit longer)
§ 7 Payment
Kyborg Institute & Publishing and Alke Ltd. Spiritual Art & Magic offer the following payment options:
- Payment in advance
- PayPal (especially for digital products | A PayPal account on your part is usually necessary)
- Cash on pickup
- Card payment upon pickup (Maestro, EC, MasterCard, VISA, V Pay, American Express)
All prices shown on the internet are gross prices incl. VAT. Internet shops, foreign deliveries and deliveries to new customers are processed in advance. Payments are possible by transfer to our business account of Alke Ltd. Spiritual Art & Magic or in cash upon collection. The VAT is stated in the second order confirmation and in the invoice.
According to BGB § 286 (3), all invoices are due 30 days after receipt of the delivery. If you do not comply with the 30-day deadline, you will automatically be in default of payment without the need for a separate reminder. The open account can then be sued including legal costs. This note is required by law. Please keep the specified deadlines!
§ 8 Retention of title
The delivered goods remain our property until full settlement of all claims against the customer.
§ 9 Notice of defects
If a notice of defects is justified and if we are responsible for the damage, a replacement delivery or a price reduction will be made after consultation with the customer. If a price reduction or substitute delivery is not possible, the purchaser can exercise his right of revocation and refuse or return the delivery. In this case, the customer will contact us about the most favorable form of return of the goods. In case of a complaint we take over of course the return of shipping costs. However, the return must be cleared to avoid unnecessary costs. The return costs will be refunded to the customer. We are only liable for damage to the goods themselves. Further claims of the customer, regardless of the legal grounds, are excluded. In commercial (B2B) traffic, § 377 HGB applies, according to which a once accepted goods are considered examined and accepted. Exceptions are defects that were not apparent as such by the investigation.
§ 10 Warranty
There is a legal warranty. The purchaser must immediately assert defects in the delivered goods upon delivery, as only then does a transport insurance take effect. In the case of post and DHL, the damages must be immediately applied to the delivery vendor or to the nearest post office, using the forms provided for this purpose. On delivery with a forwarding agent, visible transport damage must be reported to the driver immediately, if possible also photographed and confirmed by the driver on the delivery note stating his truck registration number and his name.
§ 11 Complaints
Complaints are best addressed directly by phone 0049.6243.7057 (landline, no additional costs), or by email firstname.lastname@example.org, or by fax. 0049.6243.7058 . | The European Commission provides an online dispute resolution platform (OS): http://ec.europa.eu/consumers/odr/
§ 12 Right of Withdrawal
According to the legal provisions, consumers (B2C) are entitled to a (Europe-wide) 14-day right of revocation without stating reasons. Commercial customers are not entitled to any fundamental right of revocation, in accordance with the legal provisions in B2B traffic.
Excluded from a right of revocation are products with damages that were caused by the buyer or by third parties after receipt of the goods by the buyer. This includes all circumstances that are due to improper operation, use or care of the goods.
§ 12.1 Cancellation Policy
The right of withdrawal does not apply to business customers, but only to private customers.
The right of withdrawal does not apply to distance contracts
- for the delivery of goods that are not prefabricated and are made extra and expressly at the request of the customer. In our case, this applies to the large energy pyramids D, E, F and G, as well as to all art objects specially made for a client such as Irminsul, Chakraman, Pharaoh Chairs, Dimension Gates etc
- for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery
- for digital products, if these have been stored after purchase by the customer at least once on a specified by him. This download is recorded by our system.
Cancellation policy for a uniform delivery (one packaging unit)
You have the right to withdraw from this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform the Alke Ltd. Spiritual Art & Magic, Silvanerring 17 D - 67592 Flörsheim-Dalsheim Tel. 0049.6243.7057 Fax. 0049.6243.7058 email@example.com about your decision to withdraw from this contract (letter, fax, or e-mail). Please use the attached sample revocation form. You can also electronically fill out and submit the Model Withdrawal Form or any other unequivocal statement on our website [Withdrawal Form]. If you make use of this option, you will immediately receive an e-mail confirming receipt of your revocation. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Cancellation policy for the separate delivery of several goods in one order and invoice
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 taken possession of the last goods (delivery unit). To exercise your right of withdrawal, you must contact us (Alke Ltd. Spiritual Art & Magic, Silvanerring 17 D - 67592 Flörsheim-Dalsheim Tel. 0049.6243.7057 Fax. 0049.6243.7058 firstname.lastname@example.org ) by means of a clear statement (letter, fax or e-mail) about your decision to withdraw from this contract. Please use the enclosed model withdrawal form. You can electronically complete and submit the model withdrawal form or any other unequivocal statement on our website [Withdrawal Form]. If you make use of this option, you will immediately receive an e-mail confirming receipt of your revocation. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Cancellation policy with delivery with forwarding
You have the right to withdraw from this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of revocation, you must contact us (Alke Ltd. Spiritual Art & Magic, Silvanerring 17 D - 67592 Flörsheim-Dalsheim Tel. 0049.6243.7057 Fax: 0049.6243.7058 email@example.com) by means of a clear statement (letter, fax, or e-mail) of your decision to withdraw from this contract. Please use the enclosed model withdrawal form. You can electronically complete and submit the model withdrawal form or any other unequivocal statement on our website [Withdrawal Form]. If you make use of this option, you will immediately receive an e-mail confirming receipt of your revocation. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) have to repay immediately and at the latest within 14 days from the date on which the notification of your revocation of this contract has been received by us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back, or until you have provided proof that you have returned the goods, whichever is the earlier. You have the goods immediately returned and in any event not later than 14 days from the date on which you inform us about the revocation of this contract, to the Alke Ltd. Spiritual Art & Magic, Silvanerring 17 D - 67592 Flörsheim-Dalsheim Tel. 0049.6243.7057 Fax. 0049.6243.7058 firstname.lastname@example.org to return or hand over. For forwarding deliveries we will order the return. Returns by forwarding are always at least 10% more expensive than a delivery. You can therefore calculate the price from the delivery price indicated in your invoice. All goods to be returned must be packed properly, so that no transport damage occurs. The deadline is met if you send the goods before the deadline of 14 days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
§ 13 Return
We do not accept goods returned freight forward. The customer must take over the costs in a return, if there are no defects in the goods, which we are responsible for. In case of an revokation (cancellation of the purchase contract) the customer bears the costs of the return. If the return is at our expense, the return must be made free in order to avoid unnecessary costs. The costs incurred will be refunded to the returner together with his purchase price. The reseller must notify the return in advance by telephone or in writing (email) in order to arrange with us details of the return. When returning goods by picking up with our forwarding agent, it should be noted that the return costs for a delivery are basically 10% more expensive than the delivery, as other forwarding agents must be commissioned. We will inform the customer about the costs and only charge the actual return costs.
§ 14 Privacy
§ 15 Comments
On our website you can post comments on selected articles and pages. For the use of this function no registration by a user account on our website is required. By using this feature, you consent to the simultaneous publication of your comment on our website. You understand that your comment will be publicly accessible without any access restrictions and that any user of our website will be able to read / view it and be referenced by search engines. Furthermore, you accept that before publishing the commentary we control the contents of this to avoid misuse of this feature of our information technology systems. It is up to our assessment if your comment will appear on our website or not. You are not entitled to a publication by submitting a comment. If you have contact details in your commentary, you agree to receive further feedback from us on your comment. You explicitly grant us permission to refer you to the content of your commentary and related matters. Your permission to us is limited to your comments, unless otherwise agreed with you.
§ 16 email distributor / newsletter
By registering to our email newsletter (through the Double-Opt-In-Procedure) of Kyborg Institute & Publishing and Alke Ltd. Spiritual Art & Magic, you consent to the sending of messages to you by us. These contain informative contents (hints, recommendations and others) about our activities, our products and observations. First and foremost, you will receive notices from us about free and paid contributions in our company magazine "Kyborg Publishing" as well as trade fair & seminar dates or planned training courses. Your registration in our newsletter is free. We will never ask you to pay fees for our general newsletter. Occasionally, you will also simply receive attentions with regard to current socio-political developments, as our existing customers already know from us.
It is up to you to send requests for thematic emphases in the newsletter to us. We welcome any suggestions and recommendations from you, but we can not guarantee the implementation of all content requests in our newsletter or in Kyborg Publishing.
You have at any time the opportunity to carry out without disadvantages for you from our newsletter. To do this, you can use the designated cancellation form, which means that you are usually logged out immediately or by post, email or telephone. All unsubscribe procedures outside of the designated unsubscribe form may result in a delay in your unsubscribe from our system, which may vary depending on our current responsibilities, but usually within 7 business days.
§ 17 Legal changes
§ 18 Jurisdiction and applicable law
Disputes and disputes shall be governed exclusively by German law or, where applicable, EU law, excluding the UN Sales Convention. The exclusive place of jurisdiction for disputes arising from contractual relationships is our place of business.
§ 19 Severability Clause
We reserve the right to make any necessary adaptations / additions to the general terms and conditions listed in order to maintain the economic efficiency of this website and the associated services & technologies within the framework of the statutory provisions. Furthermore, we refer at this point to § 306 BGB, which holds just such regulations by law.