GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 SCOPE OF APPLICATION
1. KLANGSALON is the company of Sabine Charlotte Langen, whose registered address is Bonner Str. 233, 42697 Solingen. Klangsalon organizes and conducts events, music workshops, and music lessons for corporate and private clients, and also publishes teaching materials for music lessons.
2. These terms and conditions apply to every business relationship between KLANGSALON and you, the participant or customer. KLANGSALON does not recognize any conflicting terms and conditions of the participant unless KLANGSALON has expressly agreed to their validity in writing. These terms and conditions also apply to all future business relationships with companies, even if they are not expressly agreed upon again.
§ 2 CONCLUSION OF CONTRACT
1. Your booking constitutes an offer to KLANGSALON to conclude a contract. When 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 constitute acceptance of your offer, but merely an informational notification of receipt of your booking. KLANGSALON will inform you immediately of any unavailability and promptly refund any payment already received.
KLANGSALON is entitled to accept or reject the participant's offer within two weeks by sending an order confirmation in written form via email or post. The contract between us and you is only concluded upon receipt of the order confirmation by you as the participant. KLANGSALON does not enter into contracts with minors. The participant must therefore be at least 18 years old.
2. The presentation of products in our online shop does not constitute a legally binding offer, but merely a non-binding invitation to place an order. Our contact form on the homepage contains an order field. By checking the box and clicking the "Order now / Buy now" or "Submit now" button, you submit a binding offer to purchase. Immediately before submitting this order, you can review and, if necessary, correct it.
After receiving your purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation). This order confirmation does not yet constitute acceptance of your purchase offer, but merely an informational notification that your order has been received. Your purchase agreement 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 a consumer, 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 your right of withdrawal, you must inform us (Klangsalon, Bonner Straße 233, 42697 Solingen, Germany, Tel.: +4921223352536, E-Mail: info@klangsalon.de) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.klangsalon.de. If you make use of this option, we will immediately send you an acknowledgement of receipt of such a withdrawal (e.g. by email).
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this 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 must return or hand over the goods to us or to Klangsalon, Bonner Straße 233, 42697 Solingen, without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
3 The attached sample cancellation form reads:
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
• 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 for notifications on paper)
_______________________________________________________________________________________
(*) Delete as appropriate.
§ 4 PRICES, PARTICIPATION FEES, SHIPPING COSTS
KLANGSALON offers various course formats and products in compliance with all applicable legal regulations. These include music lessons and workshops for individuals and companies, either as individual lessons or group seminars, the textbook "Playing Piano Made Easy," and gift vouchers for music lessons. For detailed information on our offerings, please visit our website at www.aktion.klangsalon.de and see the prices listed there. The prices on the product pages include the applicable statutory value-added tax (VAT) and any other applicable charges.
The amount of the participation fee is determined by the specific course description. Detailed descriptions of our services and offerings are generally provided in the form of a quotation before you sign a contract.
The participation fee for our courses includes VAT or excludes VAT and is due within 14 days of invoicing. For promotional offers, participation fees may be due immediately upon invoicing. If the invoice is issued before the course begins, the participant must make a deposit of at least 20% of the invoice amount within 10 days of the invoice date.
If the participant defaults on payment, KLANGSALON is entitled to charge default interest at a rate of 5 percentage points above the base interest rate per annum published by the European Central Bank. If KLANGSALON can demonstrate that it has incurred higher damages due to the default, it is entitled to claim these damages.
4. The costs for all courses offered by KLANGSALON include drinks and work and practice materials only if this is expressly stated in the description of the respective course format.
In addition to the prices listed on our website, we may charge a flat rate of up to [amount missing] for the delivery of books or vouchers within Germany.
We charge €4.00 per order. For orders within Europe, we may charge up to €6.90. Shipping costs will be clearly displayed on the product pages, in the shopping cart, and on the order page.
§ 5 DELIVERY
Delivery of items such as gift vouchers or the textbook "Playing Piano Made Easy" is handled by mail within Germany and Europe. Delivery time can take up to 4 days. The goods remain our property until full payment is received.
§ 6 CANCELLATIONS AND REBOOKINGS
For cancellations of booked courses up to 90 days before the start date, we charge a processing fee of 35% of the course price. For cancellations up to 15 days before the start date, 40% of the course fee is due, and up to 7 days before, 50%. For later cancellations, KLANGSALON will charge the full course fee. However, if you can provide proof that we incurred less damage or expenses in the specific case, you will only be responsible for these costs. Cancellations must be made in writing. You may nominate a substitute participant. Free transfer to another course 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 standard cancellation policy applies.
§ 7 PIANO LESSONS FOR END CONSUMERS, 10-LESSON CARDS
1. Payment terms and validity
Fees for courses, seminars, and other services are due on the respective due date and can be paid by bank transfer, direct debit, or cash. So-called 10-lesson packages (or packages of 5 or 20 lessons), for example, for individual piano lessons, are paid in advance before the first lesson and are generally valid for 12 months to 3 years from the date of purchase. The applicable amount is paid by invoice or in cash by the end consumer. The end consumer receives either an email or a receipt as confirmation of payment and order confirmation.
2. Exclusion of refunds, transferability
If the customer, for whatever reason, cancels the prepaid piano course and also cancels lessons that have already started or the already purchased 10-lesson card (or 3-lesson card, 5-lesson card or 20-lesson card), a pro rata refund of remaining lesson quotas for a not fully used or complete 10-lesson card is not possible.
Prepaid lessons, such as 10-lesson packages, can only be transferred to other individuals in exceptional circumstances, such as a documented serious illness. Should this special arrangement be agreed upon, we reserve the right, in accordance with our house rules, to accept or reject the substitute participant proposed by the customer. It is not permitted to give away or sell remaining lesson credits via public platforms (e.g., eBay, social media, etc.) as part of any goodwill arrangement. For any goodwill arrangement that defines the transferability of remaining lessons in exceptional cases, we charge a processing fee of €50.
3. Instruction and Control
Lesson dates are set upon signing the contract or purchasing, for example, a 10-lesson package. Rescheduling is possible at any time, but must be done at least 48 hours before the originally scheduled lesson. A lesson lasts 30, 55, or 60 minutes, depending on the chosen option. Participants are responsible for their own lateness, and this does not entitle them to a reduction in fees. Lessons canceled and not attended on the same day do not entitle participants to a refund.
For mutual control and to avoid conflicts, the lessons taken are signed off by the music teacher and the course participant on the day of the lesson.
4. Conduct of course participants, house rules
Klangsalon reserves the right to terminate all contracts, including hourly packages such as 3- or 10-session passes and gift certificates, without notice if a participant breaches the contract, particularly if the event's objective or other participants are endangered, the house rules are significantly violated, or the basis of the agreement is disrupted. Klangsalon, as the organizer, may exercise its right to refuse entry at any time. Visibly intoxicated or similarly disruptive visitors will not be admitted to our premises. Participants excluded from classes due to their behavior will not receive a refund of the course fee.
4.1 Compliance with the Corona protection regulations by course participants
Course participants must comply with the current regulations at the KLANGSALON as well as the applicable legal provisions of the so-called Corona Protection Ordinance. Participants who, for example, refuse to present a valid vaccination certificate before the start of the course are not entitled to enter our premises.
5 vouchers
Gift certificates for music courses, such as introductory piano lessons, are valid for three years from the date of issue, in accordance with current legal regulations. A KLANGSALON music lesson gift certificate can only be redeemed for one service. Cash payment for gift certificates is not possible during the legally stipulated periods or after the expiry date. Gift certificates are non-transferable.
§ 8 CHANGE OF 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 instructors or speakers, or the venue, to a reasonable extent. We will inform you of any such changes in a timely manner.
§ 9 CANCELLATION OF EVENTS
Klangsalon asks for your understanding that we have to cancel an event
We reserve the right to cancel events – for example, due to the unavailability of music instructors, insufficient number of participants, force majeure, or legal regulations due to pandemics such as the COVID-19 pandemic. In any case, we will endeavor to inform you of cancellations or necessary program changes in a timely manner before the event begins. If an event is canceled, we will offer you the opportunity to participate in a rescheduled event. Further claims and refunds 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 of or damage to personal belongings – e.g., participants' musical instruments – unless such loss or damage is demonstrably due to intentional or grossly negligent conduct on the part of our agents. We therefore ask that you do not leave valuables or important materials unattended in our seminar rooms during breaks. Unless otherwise stated below, any further claims by the participant – regardless of their legal basis – are excluded. In particular, Klangsalon is not liable for lost profits or other financial losses. Where Klangsalon's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.
The foregoing limitation of liability does not apply to damages
– resulting from injury to life, body or health caused by a negligent breach of duty by KLANGSALON or an intentional or negligent breach of duty by a legal representative or agent of KLANGSALON or
– 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 as part of 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 set-off if their counterclaims have been legally established or acknowledged by KLANGSALON. Furthermore, they are only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
§ 13 DATA PROTECTION/LEGAL NOTICE
Information about the type, scope, location, and purpose of the collection, processing, and use of your data for order fulfillment can be found in our privacy policy, which is published on our website. Information about KLANGSALON's business details can be found in the legal notice.
§ 14 APPLICABLE LAW German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from this contractual relationship with businesses as defined in Section 13 of the German Civil Code (BGB) is the Solingen Local Court, unless mandatory legal provisions stipulate otherwise.
§ 15 DISPUTE RESOLUTION IN ONLINE ORDERS
The European Commission has established an online platform for dispute resolution. This platform serves as a point of contact 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 obligated to participate in dispute resolution proceedings before a consumer arbitration board.
As of February 2024