Terms & Conditions
General Terms and Conditions of Harsh Vocal School, Status: January 15, 2025
1. Scope
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between:
Harsh Vocal School
Britta Görtz
Alter Flughafen 7A
30179 Hanover
Germany
Email: britta@harsh-vocal-school.de
(hereinafter also referred to as "HVS"), accessible via the webshop on the domains https://shop.harsh-vocal-school.de and the customer.
1.2. All agreements made between you and us in connection with the purchase contract arise in particular from these terms of sale, our written order confirmation, and our declaration of acceptance.
1.3. The version of the GTC valid at the time of the conclusion of the contract is authoritative.
1.4. We do not accept any deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
2. Conclusion of the Contract
2.1. The presentation and promotion of articles in our online shop do not constitute a binding offer to conclude a purchase contract.
2.2. Contracts regarding items from the HVS assortment can be concluded in either German or English.
2.3. The customer can select products from the HVS assortment and collect them in a shopping cart via the "Select a Date" button. The customer can modify or finalize the order via the "Checkout" button. Before submitting the order, the customer can review and change the data at any time. By clicking the "Place Binding Order" button, the customer submits a binding offer to purchase the goods in the shopping cart. This offer can only be submitted and transmitted if the customer has accepted these terms and conditions by checking the respective confirmation boxes ("I accept the General Terms and Conditions" and "I consent to the processing of my data in accordance with the Privacy Policy") and has thus included them in their offer.
2.4. By placing an order for a product, the customer makes a binding offer to purchase the product. We will promptly confirm receipt of the order pursuant to Section 312i(1) Sentence 1 No. 3 of the German Civil Code (BGB) via an automatic acknowledgment email.
2.5. The acknowledgment email does not yet constitute a binding acceptance of the order. The purchase contract for the ordered goods is only concluded upon dispatch of the goods.
2.6. If, at the time of the customer's order, the selected product is not available or temporarily unavailable, HVS will inform the customer via email. If the product is permanently unavailable, no contract is concluded in this case.
2.7. A sale with a so-called contingent restriction (e.g., max. 4 tickets) may not be conducted more than once with the same buyer. HVS reserves the right to withdraw from any subsequent contingent purchase contract as soon as it becomes apparent (e.g., if the account holder for subsequent payments matches the account holder of the first purchase) that the buyers of the respective contingent purchase contracts are the same.
3. Prices and Payment Terms
3.1. The prices displayed on our website at the time of the order near the images or descriptions of the goods apply. The stated purchase prices are final prices. For shipments, the purchase price is understood to exclude the delivery and shipping costs incurred according to the payment terms. The applicable shipping costs will be indicated to the customer in the order form and must be borne by the customer.
3.2. The price, including taxes and the applicable shipping costs, will also be displayed in the order mask before the order is submitted. For deliveries outside Germany, additional costs may arise upon import into a non-EU country (customs duties, possible customs fees, and import VAT) that are added to the stated price.
3.3. All fees are due immediately upon the conclusion of the contract. If the customer does not pay or pays very late, HVS reserves the right to refrain from shipping the ordered goods, thus preventing the purchase contract from coming into effect.
3.4. The customer can make payments in advance by bank transfer (prepayment) or via PayPal (prepayment). In the case of prepayment, shipping/delivery of the goods will only occur after payment has been received, which the customer agrees to when concluding the contract.
3.5. The customer is not entitled to offset our claims unless their counterclaims have been legally established or are undisputed. The customer is also entitled to offset our claims if they assert notices of defects or counterclaims arising from the same purchase contract.
4. Delivery Terms
4.1. HVS is entitled to make partial deliveries, provided this is reasonable for the customer. If we fulfill the order through partial deliveries, the customer will only incur shipping costs for the first partial delivery. If the partial deliveries are made at the customer’s request, we will charge shipping costs for each partial delivery.
4.2. HVS strives to ensure a delivery period of no more than ten (10) working days after receipt of payment, unless otherwise agreed. The delivery period begins – subject to the regulation in Section 3.4 Sentence 2 – upon conclusion of the contract. However, longer delivery times may occur depending on postal transit times, which HVS cannot influence. HVS is available to the customer for inquiries at any time via email at britta@harsh-vocal-school.de.
4.3. Delivery methods include various types of postal or parcel shipping as well as the delivery of tickets via email.
4.4. In the context of ticket sales, HVS is entitled to hold the ticket for the buyer at the event location on the day of the event. In such a case, HVS will notify the buyer via email and/or telephone at least three days before the event about the ticket collection arrangement.
4.5. Online and in-person individual lessons are arranged by appointment and within business hours (Mon-Fri 09:00 AM - 06:00 PM). There is no fixed deadline for fulfilling the service, but HVS will strive to offer timely appointments.
5. Right of Withdrawal for Consumers
5.1. If the customer is a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to their commercial or self-employed professional activity), they are entitled to a statutory right of withdrawal.
5.2. If the customer exercises their right of withdrawal as a consumer under Section 5.1, they must bear the regular costs of returning the goods.
5.3. Furthermore, the provisions outlined in the following withdrawal policy apply to the right of withdrawal:
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods, or in the case of a single order for multiple goods that are delivered separately, possession of the last good, for which the right of withdrawal is not excluded.
To exercise your right of withdrawal, you must notify us:
Harsh Vocal School
Britta Görtz
Alter Flughafen 7A
30179 Hanover
Germany
Email: britta@harsh-vocal-school.de
by means of a clear statement (e.g., a letter sent by post, phone call, or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we are obliged to refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may withhold the 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 immediately and, in any case, no later than fourteen days from the day on which you notify us of the withdrawal from this contract:
Harsh Vocal School
Britta Görtz
Alter Flughafen 7A
30179 Hanover
Germany
Email: britta@harsh-vocal-school.de
The deadline is met if you send the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value results from handling the goods in a way that is not necessary to ascertain their nature, properties, and functionality.
– End of the Withdrawal Policy –
5.4. The right of withdrawal does not apply:
5.4.1. To the delivery of goods that are not prefabricated and whose production is based on an individual selection or specification by the consumer or that are clearly tailored to the personal needs of the consumer (§ 312g Abs. 2 Nr. 1 BGB),
5.4.2. To contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery (§ 312g Abs. 2 Nr. 6 BGB),
5.4.3. To the purchase of concert tickets, workshop tickets, and tickets for the Harsh Vocal Camp (§ 312g Abs. 2 Nr. 9 BGB).
6. Warranty
6.1. If the buyer is a consumer, they may choose whether the supplementary performance is carried out through rectification or replacement. However, we are entitled to refuse the type of supplementary performance selected if it is only possible at disproportionate cost and the other type of supplementary performance remains without significant disadvantages for the consumer.
6.2. If the supplementary performance fails, the customer may generally choose to reduce the price (reduction) or withdraw from the contract (withdrawal). However, in the case of minor contractual non-performance, especially minor defects, the customer is not entitled to withdraw.
6.3. Entrepreneurs must notify us of obvious defects in writing within a period of 2 weeks from receipt of the goods; otherwise, the assertion of warranty claims is excluded. The timely dispatch of the notification suffices to meet the deadline. Entrepreneurs bear the full burden of proof for all claim requirements, particularly the defect itself, the time of discovery of the defect, and the timeliness of the notification of defects.
6.4. For entrepreneurs, the warranty period is one year from the delivery of the goods. For consumers, the limitation period is two years from the delivery of the goods.
6.5. The customer does not receive guarantees in the legal sense from us. Manufacturer guarantees remain unaffected by this.
7. Liability
7.1. We are liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
7.2. In all other cases, we are only liable – unless otherwise regulated in Section 7.3 – for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on which you as a customer may regularly rely (so-called cardinal obligation). In such cases, our liability is limited to compensation for foreseeable and typical damages. In all other respects, our liability is excluded, subject to the provisions of Section 7.3.
7.3. Our liability for damages arising from injury to life, body, or health, and under the Product Liability Act, remains unaffected by the above limitations and exclusions of liability.
7.4. If an item listed on the website is unavailable at the time of the customer's order, the customer is not entitled to damages before a valid contract is concluded.
8. Final Provisions
8.1. The law of the Federal Republic of Germany applies; the provisions of the UN Sales Convention do not apply. If the customer places the order as a consumer and, at the time of the order, has their habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law in sentence 1.
8.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for disputes arising from this contract is our registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or if their residence or habitual residence is unknown at the time the action is filed.
8.3. Complaint procedure via online dispute resolution for consumers (OS): ec.europa.eu. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
8.4. If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become invalid in whole or in part, or if the contract contains unforeseen gaps, this shall not affect the validity of the remaining provisions.