General Terms and Conditions
The following contractual terms govern purchase agreements concluded through this online shop between
Das kreative Klassenzimmer – Color Your Music
Auf der Hardt 20
79100 Freiburg
Germany
and the respective purchaser.
§ 1 Scope of Application and Definitions
1.
These General Terms and Conditions, as valid at the time of the order, shall apply to the business relationship between the online shop seller (hereinafter referred to as the "Seller") and the purchaser (hereinafter referred to as the "Customer").
Any terms and conditions of the Customer that deviate from these General Terms and Conditions shall not be recognized unless the Seller has expressly agreed to their validity.
2.
A Consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity within the meaning of Section 13 of the German Civil Code (BGB).
A Business Customer (Entrepreneur) is any natural person, legal entity, or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity within the meaning of Section 14 of the German Civil Code (BGB).
§ 2 Formation of the Contract
Where reference is made below to Goods, this shall also include—where offered—Digital Products (digital content or digital services) as well as Goods with Digital Elements.
1.
The presentation of goods in the online shop does not constitute a legally binding offer but merely an invitation for the Customer to submit an offer.
The Customer may select goods from the Seller's assortment and collect them in a virtual shopping cart by clicking the corresponding shopping cart button.
By clicking the button required to complete the purchase, the Customer submits a binding offer to purchase the goods contained in the shopping cart.
Before submitting the order, the Customer may review and modify all entered information at any time.
Before placing a binding order, the Customer may return to previously visited pages by using the browser's "Back" button to correct any input errors.
The ordering process may be cancelled at any time by closing the internet browser.
However, the offer may only be submitted and transmitted if the Customer has accepted these General Terms and Conditions, thereby incorporating them into the offer.
2.
The Seller shall subsequently send the Customer an automatically generated confirmation of receipt by e-mail, in which the Customer's order is listed once again and which may be printed using the "Print" function.
This automatic confirmation of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the Customer's offer.
The contract shall only come into existence upon the Seller's declaration of acceptance, which is sent in a separate e-mail (Order Confirmation).
If the Customer has selected a payment method requiring immediate payment (such as PayPal, PayPal Plus, PayPal Express, Amazon Payments, or Sofortüberweisung), the contract shall be concluded at the moment the Customer confirms the payment instruction.
If the Customer has selected payment in advance (bank transfer), the contract shall already be concluded when the Customer receives a payment request containing the Seller's bank details before the Seller has issued the order confirmation.
By sending this payment request, the Seller accepts the Customer's offer.
3.
The contractual text together with any applicable warranty conditions shall be provided to the Customer on a durable medium (e-mail or printed copy), either together with the Order Confirmation or in a separate e-mail, but no later than upon delivery of the goods.
The contractual text shall be stored in compliance with applicable data protection regulations.
The current version of these General Terms and Conditions may be viewed at any time at:
https://daskreativeklassenzimmer.de/AGB/
Previous orders may be viewed by registered customers within their customer account at:
https://daskreativeklassenzimmer.de/account/order
4.
The sale of products requiring official authorization shall be carried out exclusively in compliance with the applicable statutory provisions.
Where individual products are subject to specific legal purchasing requirements (for example under the German Explosives Act (SprengG), the German Weapons Act (WaffG), or the German Youth Protection Act (JuSchG)), delivery shall only be made to Customers who can provide proof that they satisfy the relevant legal requirements.
The Seller reserves the right to request appropriate documentation (for example official permits) before concluding the contract or before dispatching the goods and may reject or cancel the order if such proof is not provided.
§ 3 Manufacture of Goods According to Customer Specifications
We do not manufacture goods according to customer specifications.
§ 4 Commencement of the Delivery Period, Delivery, and Provision of Digital Content
1.
For payments made in advance by bank transfer, the delivery period begins on the day following the payment order submitted to the transferring financial institution.
For all other payment methods, the delivery period begins on the day following the conclusion of the contract.
The delivery period ends upon expiry of the last day of the specified period.
If the last day falls on a Saturday, Sunday, or a public holiday officially recognized at the place of delivery, the next business day shall take the place of such day.
2.
Delivery shall be made to the delivery address specified by the Customer.
3.
If delivery to the Customer is not possible and the carrier returns the ordered goods to the Seller, the Customer shall bear the costs arising from the unsuccessful shipment.
This shall not apply if the Customer is not responsible for the circumstances that made delivery impossible or if the Customer was temporarily prevented from accepting delivery, unless the Seller had given the Customer reasonable prior notice of the delivery.
4.
Upon conclusion of a contract relating to a Digital Product or Goods with Digital Elements, the Seller shall provide the agreed digital content or digital services.
Unless a specific time for provision has been agreed or can be inferred from the circumstances, such digital content or digital services shall be provided without undue delay after the conclusion of the contract.
Provision shall take place in accordance with the contractual agreement, for example by making the content available for download.
§ 5 Retention of Title
The delivered goods shall remain the property of the Seller until full payment of the purchase price has been received.
§ 6 Prices and Shipping Costs
1.
The prices stated on the Seller's website include the applicable statutory value-added tax (VAT).
Where the online shop is directed exclusively at business customers, all prices are quoted exclusive of the applicable statutory value-added tax.
2.
Any applicable shipping and delivery costs will be displayed during the ordering process and, unless otherwise stated, shall be borne by the Customer.
For Consumers
3a.
The goods shall be shipped by a carrier commissioned by the Seller.
Where the Customer is a Consumer, the Seller shall bear the transport risk until the goods are delivered.
For Business Customers
3b.
The goods shall be shipped by a carrier commissioned by the Seller.
The risk of accidental loss or accidental deterioration of the goods shall pass to the Buyer as soon as the Seller has handed the goods over to the freight forwarder, carrier, or any other person or institution designated to carry out the shipment.
§ 7 Payment Terms
1.
During the ordering process, the Customer will be shown the available payment options.
These may include, for example, payment methods such as advance payment (bank transfer), credit card, or payment via payment service providers such as PayPal, Klarna, or Amazon Pay.
Further information regarding the selected payment method will be provided during the ordering process.
The Seller reserves the right to determine, at its own discretion, which payment methods are available.
2.
Unless a later payment due date has been expressly agreed between the parties, payment of the purchase price shall become due immediately upon conclusion of the contract.
If the payment due date has been determined by reference to a calendar date, the Customer shall automatically be in default upon failure to make payment by that date.
For Consumers
2a.
Section 2 shall only apply if the Customer has been specifically informed of these legal consequences in the invoice or payment statement.
In the event of default, the Customer shall pay default interest at a rate of five (5) percentage points above the applicable statutory base interest rate.
For Business Customers
2b.
In the event of default, the Customer shall pay default interest at a rate of nine (9) percentage points above the applicable statutory base interest rate.
3.
The Customer's obligation to pay default interest shall not exclude the Seller's right to claim compensation for any further damages resulting from the default.
4.
Promotional vouchers are issued free of charge and are valid only for a limited period.
The applicable validity period is specified on the respective promotional voucher.
The voucher may only be redeemed during its validity period and only for products participating in the relevant promotion within the Seller's online shop.
The value of a promotional voucher shall neither be paid out in cash nor bear interest.
Only one promotional voucher may be redeemed per order.
The voucher code must be entered in the designated field before completing the order.
Subsequent application of a promotional voucher is not possible.
The total value of the ordered goods must be at least equal to the value of the promotional voucher.
Any remaining voucher balance shall not be refunded by the Seller.
If the value of the promotional voucher is insufficient to cover the total purchase price, one of the other payment methods offered by the Seller may be used to pay the remaining balance.
The promotional voucher is not personal and is therefore transferable.
Accordingly, the Seller may perform with discharging effect to the respective holder of the voucher.
This shall not apply if the person redeeming the voucher was not entitled to do so and the Seller knew or was grossly negligent in not knowing this fact.
If goods purchased using a promotional voucher are returned following a valid withdrawal from the contract, no claim shall exist for reimbursement of the promotional voucher.
The voucher shall be made available to the Customer as contractually agreed, for example by download.
§ 8 Rights of Use for Digital Content
1.
Unless otherwise agreed, the Customer shall receive the right to access the digital content provided by the Seller together with a non-exclusive, non-transferable, worldwide, and unlimited in time right to use the purchased content exclusively for private purposes.
2.
Unless otherwise expressly agreed, reproduction, duplication, distribution, publication, or any other form of commercial exploitation of the digital content is prohibited.
3.
The unrestricted right to use digital content or digital services shall generally arise only after the purchase price has been paid in full.
4.
Where the Seller provides the Customer with login credentials or access data for digital content or digital services (for example, online courses), such access credentials shall be treated confidentially and must not be disclosed to third parties.
The Customer shall be liable for any damage resulting from unauthorized use or disclosure of such access credentials.
§ 9 Statutory Warranty and Guarantees
1.
The statutory warranty rights shall apply.
The Seller shall be liable for defects in the products in accordance with the applicable statutory provisions, in particular:
a) Sections 434 et seq. of the German Civil Code (BGB) concerning defects in goods;
b) Sections 475c et seq. BGB concerning goods with digital elements;
c) Sections 327d et seq. BGB concerning digital products.
2.
With respect to Business Customers, the warranty period for newly manufactured goods supplied by the Seller shall be twelve (12) months from the passing of risk.
The statutory limitation periods relating to the Seller's recourse claims pursuant to Section 445a BGB shall remain unaffected.
3.
Where a separate manufacturer's or Seller's guarantee applies to individual products, this shall be expressly indicated in the respective product description.
The details of such guarantee shall be governed exclusively by the applicable guarantee conditions.
§ 10 Liability
1.
Any claims by the Customer for damages shall be excluded.
This exclusion shall not apply to claims for damages arising from injury to life, body, or health, nor to claims resulting from the breach of essential contractual obligations (cardinal obligations), or to liability for any other damages resulting from an intentional or grossly negligent breach of duty by the Seller, its legal representatives, or its vicarious agents.
Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
2.
In the event of a breach of essential contractual obligations, the Seller shall only be liable for the foreseeable damage typical for this type of contract, provided that such damage was caused by simple negligence, unless the claim concerns injury to life, body, or health.
3.
The limitations of liability set out in paragraphs 1 and 2 shall also apply in favor of the Seller's legal representatives and vicarious agents where claims are asserted directly against them.
4.
The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
§ 11 Right of Withdrawal
If the Customer is a Consumer, the Customer shall be entitled to the statutory right of withdrawal.
Further information regarding the right of withdrawal can be found in the separate Withdrawal Policy.
§ 12 Information on Data Processing
The protection of your personal data is of particular importance to us.
For this reason, our detailed Privacy Policy is available separately on our website.
§ 13 Code of Conduct
The Seller has undertaken to comply with the Code of Conduct of Geprüfter Webshop, which is available online at:
https://www.gepruefter-webshop.de/verhaltenscodex/
§ 14 Force Majeure
1.
"Force Majeure" means the occurrence of an event that prevents a party from performing one or more of its contractual obligations under the Agreement, provided that the affected party demonstrates that such event:
- originated externally,
- is unrelated to its business operations,
- could not reasonably have been avoided even by exercising the utmost care reasonably expected under the circumstances, and
- does not fall solely within the affected party's sphere of risk.
2.
Unless proven otherwise, the following events shall be presumed to constitute cases of Force Majeure (non-exhaustive list):
- war, large-scale military mobilization, hostilities, armed attack, acts of foreign enemies, civil war, riots, rebellion, terrorist acts, sabotage, or piracy;
- currency restrictions, trade restrictions, embargoes, or sanctions;
- pandemics, epidemics, or infectious diseases, taking into account a risk level of at least "moderate" as determined by the Robert Koch Institute or the assessment of the World Health Organization (WHO);
- natural disasters or extreme natural events;
- explosions, fire, destruction of equipment, prolonged failure of transportation, telecommunications, information systems, or energy supply;
- general labor disputes such as boycotts, strikes, lockouts, or occupations of factories or buildings.
3.
In cases of Force Majeure, the affected party shall be released from its obligation to deliver, accept delivery, or perform the agreed services for the duration and to the extent that performance is prevented, provided that the other party is notified without undue delay.
If such notification is not made without undue delay, the exemption shall only become effective from the time the notification reaches the other party.
The exemption shall continue only as long as the Force Majeure event prevents contractual performance.
Buyers are requested to notify the Seller if an order remains unanswered and/or unprocessed but the Buyer nevertheless wishes to maintain the order.
Such notification must be made in writing, either by e-mail or by letter, in any event in a manner ensuring that the Seller actually receives the notification.
4.
Unless otherwise agreed, either party may terminate the contract if the Force Majeure event continues for more than 120 days.
In the event of termination, any performances already rendered by either party shall be reimbursed.
5.
The affected party shall take all appropriate and reasonable measures to eliminate the Force Majeure event and to minimize any actual or imminent adverse consequences for the other party.
6.
Where the contractual subject matter consists of services to be provided by the affected party, that party shall be entitled to reschedule the performance of such services.
If no alternative appointment can be offered or accepted within 120 days after the beginning of the Force Majeure event, either party may terminate the contract, and any payments or performances already received shall be refunded.
7.
Where the contractual subject matter is an event, the organizer shall be entitled to determine a new date and venue.
If the participant is unable to accept the new offer, regardless of the reason, the participant shall be entitled to an alternative date.
If no alternative date can be offered or accepted within 120 days after the occurrence of the Force Majeure event, either party may terminate the contract, and any performances already received shall be refunded.
§ 15 Final Provisions
1.
These Terms and all contracts concluded between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Where Consumers place orders from outside Germany, mandatory consumer protection provisions or mandatory legal protections of the Consumer's country of residence shall remain unaffected.
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 all disputes arising from contractual relationships between the Customer and the Seller shall be the Seller's registered place of business.
3.
The contractual language shall be German.
Copyright Notice
These General Terms and Conditions were prepared by the contract attorneys of TISKO Consulting GmbH (https://www.gepruefter-webshop.de) and are protected by copyright.
Any use beyond the agreed contractual purpose, including copying, reproduction, or any unauthorized use of these legal texts, is prohibited and constitutes a copyright infringement that may be prosecuted under applicable law.