General Terms and Conditions
1. Applicability
2. Offers, service descriptions
3. Order process, conclusion of the contract
4. Prices, delivery costs
5. Delivery, product availability
6. Terms of payment
7. Cancellation policy
8. Product warranty, guarantee
9. Product warranty, guarantee
10. Liability
10. Storage of the contract itself
11. Closing remarks
1. Applicability
The business relationship between F E N –Fascination Education Network GmbH, acting as harmonica school berlin, Bergmannstr. 10, 10961 Berlin Germany (hereinafter referred to as the “vendor”, “we” or “harmonica school berlin”) and the customer (hereinafter referred to as the “customer” or “you”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers, service descriptions
The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee. All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.
3. Order process, conclusion of the contract
The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “cart” using the [Add to cart] button. The customer can then proceed to their cart and amend their selection as required, for example by removing a product from the cart. Once they are happy with their selection the customer can proceed to the final step in the order process using the [checkout] button.
When you as a customer clicks the [payment will be taken] button you make a binding request to buy the goods currently in your cart. Prior to order placement, you are able to view and amend your order data at any time and can also use your browser’s “Back” function to return to the cart or abort the order process. Essential entries are marked with an asterisk (*).
The harmonica school berlin responds by emailing you an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the harmonica school berlin and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if we dispatch or hand over the product ordered to you within 2 days or if we confirm the dispatch of the product ordered within 2 days by sending you a second email, order confirmation or an invoice.
In the case of customers who are companies, the aforementioned period for dispatch, delivery or order confirmation is seven days instead of two.
If the harmonica school berlin offers an advance payment option the contract is deemed to be concluded at such time as the customer provides their bank details and fulfils the payment request. If, despite being due and despite the customer being sent a reminder, payment is not received by the vendor within 10 calendar days of the sending of the order confirmation, the vendor is entitled to withdraw from the contract, thus rendering the order invalid and in turn freeing the vendor from their obligation to supply. At this point the order is considered to have been brought to a conclusion with no further consequences for either the customer or the vendor. Products for which advance payment is offered can therefore be reserved for a maximum of 10 calendar days.
4. Prices, delivery costs
All prices indicated on the harmonica school berlin’s website are inclusive of statutory value-added tax (VAT) at the valid rate.
We charge delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer on a separate webpage and during the order process itself.
5. Delivery, product availability
If the customer selects advance payment delivery will occur further to receipt of the invoice amount.
The vendor is entitled to withdraw from the contract if, at the fault of the customer, delivery of the goods fails despite three delivery attempts. Any payments already made by the customer will be refunded without delay.
We entitled to withdraw from the contract if the product ordered is not available because the vendor, through no fault of their own, has not been supplied with the product in question by their supplier. If this situation arises the vendor will inform the customer without delay and, where necessary, offer to supply them with a comparable product. If there are no comparable products available or the customer does not wish to be supplied with a comparable product the vendor will refund any payment already received to the customer without delay.
In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyers as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment; the stated delivery dates and deadlines, subject to other promises and agreements, are not fixed dates. The harmonica school berlin shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller vis-à-vis customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Seller shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither the pre-supplier nor the Seller are responsible. During the period of such hindrance, the customer shall also be released from its contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or after mutual consultation with the seller.
6. Terms of payment
You are free to select one of the available payment types during the order process; your selection is made prior to completion of the order process. If the payment on account is available payment must be made within 30 days of receipt of the goods and the corresponding invoice. Full payment must be made in advance in the case of all other payment types.
F E N – Fascination Education Network GmbH
IBAN: DE65 4306 0967 1088 738 900
BIC: GENODEM1GLS
If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.
If the due date by which payment must be made is defined as a calendar date the customer will be deemed to be in arrears as soon as they fail to comply with that due date and be liable for statutory interest on arrears. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.
The harmonica school berlin retains the title of the goods supplied until such time as full payment has been made.
7. Cancellation policy
A consumer is any natural person who completes a legal transaction for purposes that are for the most part not attributable to any professional activity of either a commercial or self-employed nature they engage in.
Right of cancellation
You have the right to cancel this contract without giving reasons within a fourteen-day cancellation period that begins on the day on which you or a third party nominated by you (you cannot nominate the carrier) take(s) receipt of the goods. In order to exercise your right of cancellation, you must notify us
F E N – Fascination Education Network GmbH
harmonica school berlin
Bergmannstr, 10
10961 Berlin
T: +49 30 7978 2292
E: contact [@] harmonica-school-berlin.de
of your decision to cancel this contract by means of an unequivocal declaration (e.g. in the form of a letter sent by post or an email). In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you cancel this contract we are required to pay back all payments we have received from you (including shipping costs but excluding additional costs incurred as a result of you selecting a different shipping option to the standard, lowest cost shipping option we offer) without delay and within a maximum period of fourteen days from the date on which we receive your correspondence notifying us of the cancellation of the contract. Repayment occurs using the same payment type you used for the original transaction unless otherwise agreed with you; under no circumstances will you be charged any fees in connection with repayment. We reserve the right to refuse repayment until such time as we have taken receipt of the returned goods or until such time as you have provided evidence that you have returned the goods (whichever is the earlier point in time). You are required to return the goods to us without delay and within a maximum period of fourteen days from the date on which you notify us of the cancellation of this contract. You will be deemed to have complied with the aforementioned returns period if you dispatch the goods before the expiry of the fourteen-day period.
You are liable for the direct cost of returning the goods. You are only liable for any depreciation in the value of the goods if such depreciation is attributable to the non-essential handling of the goods by you for purposes other than the verification of the nature, properties and functionality thereof.
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; for example, harmonicas which have been optimised for you individually.
- Contracts for the delivery of harmonicas. For hygienic reasons, these are generally excluded from return and exchange.
- Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
removed after delivery.
8. Goodwill for workshops and summer courses
Cancellation and changes
If a workshop or summer course has to be cancelled due to insufficient participants or force majeure (e. g. illness of the teacher), the harmonica school berlin will offer either an alternative date or a refund of the participation fee in good time (workshop: at least 3 days before the start, summer course: at least 6 weeks before the start). The harmonica school berlin also reserves the right to change the programme of workshops and summer courses, provided that the basic character of the event is maintained. Changes of lecturers, insignificant changes in the course of the event or a reasonable change of venue do not entitle the participant to a price reduction or to withdraw from the contract. The harmonica school berlin shall not be liable for futile expenses or other disadvantages incurred by you as a result of the cancellation (except in cases of intent or gross negligence).
Withdrawal by you (contractual partner)
Cancellation of a workshop or summer course that has already been booked must be made in writing and is free of charge, provided it is made at least 4 days (workshops) or 8 weeks (summer courses) before the start of the event. In case of later cancellation, half of the participation fee is due.
9. Product warranty and guarantee
The warranty (liability for defects) shall be determined in accordance with statutory provisions, subject to the following provisions. The goods supplied by the vendor are only subject to a guarantee if the customer was expressly informed of such a guarantee and the terms thereof prior to the commencement of the order process.
If the customer is an entrepreneur, he shall inspect the goods without undue delay, notwithstanding any statutory obligations to give notice of defects, and shall notify the supplier in writing of any visible material defects without undue delay, at the latest within two weeks after delivery, and of any non-visible material defects without undue delay, at the latest within two weeks after discovery. Deviations in quality, weight, size, thickness, width, equipment, pattern and color that are customary in the trade and permissible in accordance with quality standards or minor deviations shall not constitute defects.
If the customer is an entrepreneur, the choice is between rectification or subsequent delivery of defective goods by the seller. Notwithstanding the liability provisions of these Terms and Conditions, material defects shall become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur. For used goods, the warranty of customers who are entrepreneurs is excluded.
If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) in another item or attached it to another item in accordance with its type and intended use, the seller shall, subject to an express agreement and without prejudice to the other warranty obligations, not be obliged to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the repaired or delivered item free of defects within the scope of subsequent performance. Accordingly, the Seller shall also not be obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of a recourse by the Customer within the supply chain (i.e. between the Customer and its customers).
10. Liability
The following exclusions and restrictions of liability in connection with the harmonica school berlin’s liability for compensation apply irrespective of other statutory eligibility criteria. The harmonica school berlin is liable without restriction if damage was caused with wilful intent or gross negligence.
The harmonica school berlin is also liable for minor negligence leading to the violation of fundamental obligations whose violation jeopardises the fulfilment of the contractual purpose and the violation of obligations whose fulfilment is a prerequisite for the proper performance of the contract and can normally be relied upon by the customer. In this case our liability is nevertheless restricted to foreseeable damage typical to the type of contract involved. The harmonica school berlin is not liable for minor negligence leading to the violation of obligations other than those mentioned in the previous sentences.
The above restrictions of liability do not apply to damage to life, limb or health, defects identified after the acceptance of a guarantee regarding the nature of the product or defects kept secret with wilful deceit. Liability under the terms of the German Act on Liability for Defective Products remains unaffected. Insofar as the harmonica school berlin’s liability is excluded or restricted, such exclusion and/or restriction also applies to the personal liability of employees, representatives and agents.
11. Storage of the contract itself
You are able to print out the contract with the aid of your browser’s print function during the last step of the order process (i.e. prior to placing their order with the vendor).
The harmonica school berlin will also send you an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of the vendor’s general terms and conditions (including the vendor’s cancellation policy and information on shipping costs and the vendor’s terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest. If you have registered with our shop you can view the orders you have placed in your profile. We also store the contract in your profile but do not make it accessible on the internet.
Customers who are entrepreneurs can receive the contract documents by email, in writing or by reference to an online source.
12. Closing remarks
The language of the contract is German.
European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.