AGB

GENERAL TERMS AND CONDITIONS OF BUSINESS


§ 1 SCOPE OF APPLICATION

1 KLANGSALON is the name of the company run by Ms. Sabine Charlotte Langen. The company address is Bonner Str. 233, 42697 Solingen. Klangsalon organizes and runs events, music workshops and music lessons for corporate and private customers and, as a publisher, sells teaching materials for music lessons, for example.


2 These general terms and conditions apply to every business relationship between KLANGSALON and you, the participant or customer. KLANGSALON does not recognize any deviating conditions of the participant unless KLANGSALON has expressly agreed to their validity in writing. The general terms and conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again.


§ 2 CONCLUSION OF CONTRACT

1 Your booking represents an offer to KLANGSALON to conclude a contract. If you book a course with KLANGSALON or order a voucher, we will send you a written confirmation, preferably by email, confirming receipt of your booking and listing its details. This booking confirmation does not represent acceptance of your offer, but merely an informative notification of receipt of your booking. KLANGSALON will inform you immediately of any unavailability and will immediately refund any consideration already received (e.g. payment).

KLANGSALON is entitled to accept or reject the participant's offer within 2 weeks by sending an order confirmation in text form by email or post. The contract between us and you is only concluded when you, the participant, receive the order confirmation. KLANGSALON does not enter into contracts with minors. The participant must therefore be at least 18 years old.


2 The presentation of the products in our online shop does not constitute a legally binding offer, but only a non-binding invitation to order. Our contact form on the homepage contains an order field. By ticking the box and clicking the button "Order now / Buy" or "Send now" you are making a binding offer to purchase. Immediately before placing this order you can check the order again and correct it if necessary.


After receipt of the purchase offer, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer, but merely an informative notification of receipt of your order. Your purchase contract via the online shop is concluded when we expressly declare acceptance of the purchase offer by email and send you an order confirmation by email.


§ 3 RIGHT OF WITHDRAWAL

As an end consumer, you have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.


To exercise your right of withdrawal, you must inform us (Klangsalon, Bonner Straße 233, 42697 Solingen, Tel.: +4921223352536, Email: info@klangsalon.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear statement on our website www.klangsalon.de. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal immediately (e.g. by email).


To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.


Consequences of revocation


If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.


You must return or hand over the goods to us or to Klangsalon, Bonner Straße 233, 42697 Solingen, promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.


3 The attached model cancellation form is:

Sample cancellation form


(If you want to cancel the contract, please fill out this form and send it back.)


• by post to: Klangsalon, Bonner Straße 233, 42697 Solingen

• by email to: info@klangsalon.de


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 consumer(s)


______________________________________________________

Address of the consumer(s) __

___________________________________________________


_______________________________________________________________________________________


Place, date and signature of the consumer(s) (only if notification is on paper)


_______________________________________________________________________________________

(*) Delete as appropriate.


§ 4 PRICES, PARTICIPATION FEES, SHIPPING COSTS

1 KLANGSALON offers various course formats and products in compliance with the applicable legal provisions, e.g. music lessons and music workshops for private individuals and companies in the form of individual lessons or as a group seminar, a textbook "Playing the Piano Super Easy" and gift vouchers for music lessons. The exact offers can be found on the current website at www.aktion.klangsalon.de and the prices published there. The prices stated on the product pages include the applicable statutory value added tax or sales tax rate as well as other price components.


The amount of the respective participation fee is determined from the respective service description of the course type. You will usually receive detailed service descriptions of our services and offers in the form of an offer before the contract is concluded.


The participation fee for our course formats includes VAT or plus VAT and is due within 14 days of invoicing. In the case of special offers, participation fees may also be due immediately after invoicing. If the invoice is issued before the course begins, the participant must pay a deposit of at least 20% of the invoice amount within 10 days of invoicing.


If the participant defaults on payment, KLANGSALON is entitled to demand default interest of 5 percentage points above the base interest rate announced by the European Central Bank per annum. If KLANGSALON can prove that it has incurred greater damages due to default, KLANGSALON is entitled to claim these.


4 The costs for all courses offered by KLANGSALON include drinks as well as work and practice materials only if this is expressly included in the description of the respective course type.


In addition to the prices stated on our website, we can charge a flat rate of up to

4.00 EUR per order. For orders within Europe we can charge up to 6.90 EUR. The shipping costs are clearly stated on the product pages, in the shopping cart system and on the order page.


§ 5 DELIVERY

Delivery of vouchers or the textbook “Playing the piano super easy” for example is made by post within Germany and Europe. Delivery times can be up to 4 days. The goods remain our property until full payment has been made.


§ 6 CANCELLATIONS AND RE-BOOKINGS

If you cancel the booked course up to 90 days before the start of the course, we charge a processing fee of 35% of the course price. If you cancel up to 15 days before the start of the course, we charge 40% of the course fee and up to 7 days before the start of the course, we charge 50%. If you cancel later, KLANGSALON will charge the full course fee. However, if you can provide evidence that we have incurred less damage or expense in the specific individual case, you will only be liable for these costs. Cancellations must be made in writing. It is possible to name replacement participants. Free rebooking to other courses is possible up to 4 weeks before the start of the course or seminar, provided there are still open and unreserved places available. If this is not possible, the cancellation conditions apply.


§ 7 PIANO LESSONS FOR END CONSUMERS, 10-LESSON CARDS

1 Payment conditions and validity

The fees for courses, seminars and other services are to be paid by bank transfer, direct debit or cash when due. So-called 10-lesson cards (or 5- and 20-lesson hour contingents), e.g. for individual piano lessons, are paid in advance before the start of the first lesson and are generally valid for 12 months to 3 years from the conclusion of the contract/date of purchase. The applicable amount is paid by the end user by invoice or in cash. The end user receives either an email or a receipt as confirmation of payment and as order confirmation.


2 Exclusion of refunds, transferability

If the customer, for whatever reason, cancels the prepaid piano course and cancels lessons that have already started or the 10-lesson card (or 3-lesson card or 5-lesson card or 20-lesson card) that has already been purchased, a pro rata refund of remaining hours for a 10-lesson card that has not been fully used or has not been used in full is not possible.


Lessons paid for in advance in the form of 10-lesson cards, for example, can only be transferred to other people in exceptional cases, e.g. in the case of proven serious illness. If this special arrangement is agreed, we reserve the right, in accordance with our house rules, to accept or not accept the replacement participant suggested by the end customer. As part of a possible goodwill arrangement, it is not permitted to give away or sell remaining hour quotas via public platforms (e.g. eBay, social media, etc.). For a goodwill arrangement that defines the transferability of remaining hours in exceptional cases, we charge a processing fee of €50.


3 Teaching and control

The lesson dates are set when the contract is concluded or when a 10-lesson card is purchased, for example. Rescheduling is possible at any time, but must be done at least 48 hours before the originally planned date. A lesson lasts 30, 55 or 60 minutes, depending on the option selected. Participants who are late are at their expense and do not entitle them to a reduction in the fee. Participants who cancel and do not use offered lessons on the same day do not entitle them to a refund of the lesson fee.


For mutual control and to avoid conflicts, lessons taken are signed off by the music trainer and the course participant on the day of the lesson.


4 Behavior of course participants, house rules

Klangsalon can terminate all contracts, including hourly quotas such as 3- or 10-ticket cards and voucher agreements, without notice if the participant behaves in breach of contract, in particular if the aim of the event or other participants is endangered, the house rules are seriously disturbed or the basis of the business is disrupted. As the organizer, KLANGSALON can exercise its right to refuse entry to our premises. Obviously drunk or similarly conspicuous visitors are not entitled to admission to our premises. Participants who are excluded from the class due to their behavior will not be reimbursed for the course fee.


4.1 Compliance with Corona protection regulations by course participants

Course participants must comply with the current regulations in the KLANGSALON as well as the applicable legal provisions of the so-called Corona Protection Ordinance. Participants who, for example, refuse to show a valid vaccination certificate before the start of the course are not entitled to access our premises.


5 vouchers

Vouchers for music courses, e.g. piano taster lessons, are valid for 3 years after the date of issue in accordance with current legal regulations. A KLANGSALON music lesson voucher can only be redeemed for a service. Vouchers cannot be redeemed for cash during the legally specified periods or after expiry. The voucher cannot be transferred to other participants.


§ 8 CHANGES TO THE CONTENT OF THE RESPECTIVE COURSE

In exceptional cases, we reserve the right to make necessary changes to the services offered with the course, in particular to the course date, the music trainers or speakers or the venue, to a reasonable extent. We will inform you of this in good time.


§ 9 CANCELLATION OF EVENTS

Klangsalon asks for your understanding that we cannot afford to cancel an event

– e.g. if music trainers are unavailable, due to a lack of participants, force majeure or legal regulations due to pandemics such as the “Corona pandemic”. In any case, we will endeavour to inform you of cancellations or necessary changes to the program in good time before the start of the event. If an event is cancelled, we will enable you to attend on an alternative date. Further claims and a refund of fees already paid are excluded unless they are based on intentional or grossly negligent conduct on the part of KLANGSALON.


§ 10 LIMITATION OF LIABILITY OF THE ORGANIZER

Klangsalon is not liable for loss or damage to items brought along - e.g. musical instruments of the participants - unless the loss or damage to these items can be traced back to the intentional or grossly negligent behavior of our vicarious agents. We would therefore like to ask you not to leave any valuables or important materials unattended in our seminar rooms during breaks. Unless otherwise stated below, further claims by the participant - regardless of the legal reasons - are excluded. In particular, KLANGSALON is not liable for lost profits or other financial losses. Insofar as KLANGSALON's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.


The above limitation of liability shall not apply to damages

– on injury to life, body or health resulting from a negligent breach of duty by KLANGSALON or an intentional or negligent breach of duty by a legal representative or vicarious agent of KLANGSALON or

– are based on a grossly negligent breach of duty by KLANGSALON or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of KLANGSALON.


§ 11 COPYRIGHTS

The documents handed out during our events are protected by copyright and may not be reproduced or used commercially – even in part – without the consent of KLANGSALON and the respective music trainers/speakers.


§ 12 SET-OFF, RETENTION

The participant is only entitled to a right of set-off if his counterclaims have been legally established or recognized by KLANGSALON. In addition, he is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.


§ 13 DATA PROTECTION/IMPRINT

Information about the type, scope, location and purpose of the collection, processing and use of your data for the execution of orders can be found in our privacy policy, which is published on our website. Information about KLANGSALON's business data can be found in the imprint.


§ 14 APPLICABLE LAW

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contractual relationship with entrepreneurs within the meaning of Section 13 of the German Civil Code (BGB) is the Solingen District Court, unless statutory provisions provide for a different mandatory jurisdiction.


§ 15 DISPUTE SETTLEMENT FOR ONLINE ORDERS

The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.


Status: February 2024


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