Terms of service
- Scope
- Offers and service descriptions
- Ordering process and contract conclusion
- Prices and shipping costs
- Delivery, availability of goods
- Payment terms
- Retention of title
- Warranty for material defects and guarantee
- Events (workshops, concerts, etc.)
- Handpan festival (ticket purchase, return and refund)
- Liability
- Storage of the contract text
- Final provisions
1. Scope
1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between Sound-Sculpture, owner: Felix Richter, Neutorstraße 10, 55116 Mainz, (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”).
1.2. You can contact our customer service for questions, complaints and objections by email at info@sound-sculpture.de.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (Section 13 of the German Civil Code).
1.4. Any deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogues and on the seller's websites do not constitute a representation or guarantee.
All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking on the Add to cart button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking on the Checkout button.
3.2. By clicking the Buy Now button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser's "back" function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 4 days or has confirmed the shipment to the customer within 4 days with a second email, express order confirmation or sending of the invoice.
3.4. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item will therefore be reserved for a maximum of 10 calendar days when paying in advance.
4. Prices and shipping costs
4.1. All prices stated on the Seller’s website include the applicable statutory value added tax.
4.2. In addition to the prices stated, the seller will charge shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
4.3. For deliveries outside the EU, customs and tax charges may be incurred upon import/delivery. These are to be borne by the recipient and are based on the legal regulations of the destination country.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already provided.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Terms of payment
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer will be in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The Customer’s obligation to pay default interest does not exclude the Seller from claiming further damages caused by default.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1. The warranty is determined according to statutory provisions.
8.2. A guarantee for the goods delivered by the Seller only exists if this has been expressly given.
9. Events (workshops, concerts, etc.)
This does not apply to Handpan festival tickets, please see 10. Handpan festival.
9.1. Registration and conclusion of contract
Registration for an event is binding via our booking system or in writing by email. The contract between the participant and Sound Sculpture is concluded upon confirmation of the booking.
9.2. Payment conditions
The event fee must be paid within 7 days of receipt of the booking confirmation. The place in the event is only reserved after full payment.
9.3. Cancellation conditions
Cancellation of the booked event is possible under the following conditions:
- Up to 4 weeks before the start of the event: 100% refund of the fee
- Up to 2 weeks before the start of the event: 50% refund of the fee
- Less than 2 weeks before the start of the event: No refund
Cancellation must be made in writing by email. The time of receipt of the cancellation is decisive.
9.4. Workshops: Rebooking to an alternative date
If a participant cannot attend the workshop, there is the possibility of rebooking under the following conditions:
- Up to 4 weeks before the start of the workshop: Free rebooking to an alternative date
- Up to 2 weeks before the start of the workshop: The original course fee remains due, in addition a rebooking fee of 25% of the course fee will be charged.
- Less than 2 weeks before the start of the workshop: The original course fee remains due, in addition a rebooking fee of 50% of the course fee will be charged.
The rebooking must be made in writing by email.
9.5. Cancellation by the organizer
If the event is canceled by the organizer (e.g. due to illness of the lecturer or insufficient number of participants), the full course fee will be refunded or, if requested, an alternative date will be offered. No further claims exist.
9.6. Liability
Participation in the event is at your own risk. The organizer is not liable for damage or loss of personal items.
9.7. Data protection
The data transmitted as part of the registration will be used exclusively to carry out the event.
10. Handpan festival (ticket purchase, return and refund)
10.1. Conclusion of contract
By purchasing a ticket for the Sound Sculpture - Handpan Festival, a binding contract is concluded between the buyer and the organizer Sound Sculpture.
10.2. No right of withdrawal
According to Section 312g Paragraph 2 No. 9 of the German Civil Code, there is no legal right of withdrawal for the purchase of tickets. Cancellation or return is excluded.
10.3. Refund & event changes
If the festival is canceled without replacement, ticket holders will receive a refund of the ticket price.
If the festival is postponed, tickets already purchased remain valid. If the ticket holder is unable to attend the alternative date, a refund can be requested within 30 days of the announcement of the postponement.
Changes to the line-up or the supporting program do not entitle the ticket to be returned.
10.4. Force majeure
If the event cannot take place due to force majeure (e.g. natural disasters, pandemics, official orders), the statutory regulations apply.
11. Liability
11.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to any other statutory requirements for claims.
11.2. The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
11.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
11.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11.5. To the extent that the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
12. Storage of the contract text
12.1. The Customer can print out the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order.
12.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but no later than when the goods are delivered, the customer also receives a copy of the general terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available on the Internet.
http://ec.europa.eu/consumers/odr/
13. Final provisions
13.1. The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
13.2. The contract language is German.
13.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/ . We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.