Terms of service
General Terms and Conditions
- Scope of application
- Offers and service descriptions
- Order process and conclusion of contract
- Prices and shipping costs
- Delivery, availability of goods
- Terms of payment
- Right of return & exchange policy
- Retention of title
- Warranty for material defects and guarantee
- Liability for defects
- Storage of the contract text
- Final provisions
1 Scope of application:
1.1 The business relationship between Handpan.World, owner Emanuel Eitle, Schleißheimerstr. 47, 80797 Munich, Germany, (hereinafter "Seller") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from [12:00 noon] to [8:00 p.m.] by telephone at [+49 89 45219735] and by e-mail at [service@handpan.world].
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
All offers are valid "while stocks last", unless otherwise stated for the products. Errors excepted.
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 the shopping cart using the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then complete the order process within the shopping cart by clicking the [Continue to checkout] button.
3.2 The customer submits a binding request to purchase the goods in the shopping cart by clicking the [Order with obligation to pay] button. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, 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 dispatched or handed over the ordered product to the customer within 3 days or has confirmed the dispatch to the customer within 3 days with a second e-mail, 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 the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for advance payments is therefore made for a maximum of 10 calendar days.
4 Prices and shipping costs
4.1 All prices stated on the seller's website include the applicable statutory value added tax. For orders from an EU country, the VAT applicable in the customer's country will be charged. Orders from outside the EU are not subject to VAT and are not charged during the ordering process. VAT is generally charged by the relevant customs office on import and is paid by the buyer to the relevant customs or tax authorities. For details on import costs, import sales tax and other fees, please contact the relevant authorities.
4.2 In addition to the prices quoted, the seller charges shipping costs. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5 Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may 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 may 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 wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
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.
5.5 When shipping to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred as part of your order, which are not paid via us or invoiced by us, but are to be paid by you directly to the responsible customs or tax authorities. You will receive a corresponding notification from the responsible customs office or the responsible parcel service when the parcel is delivered. Please contact the relevant authorities for details.
6 Payment modalities
6.1 The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available means of payment 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-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.
6.4 If the due date for payment is determined by the calendar, the customer shall be deemed to be in default 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 shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7 Right of return & exchange provisions
7.1 Returns portal:
To ensure a quick and easy exchange or return process, Handpan.World offers a returns portal. Exchanges and returns must be submitted by the buyer via this portal. A shipping label will be sent by e-mail after the order has been placed.
-> To the Handpan.World returns portal
7.2 Right of return: The customer has the right to cancelthe purchase contract for online orders and other distance selling contracts (e.g. by telephone) for goods in stock within fourteen days without giving reasons . Pre-orders in accordance with Article L 121-20-12 of the Consumer Code are expressly not offered. All items not in stock are made separately at the customer's request and are considered custom-made according to § 312 d para. 4 BGB.
The fourteen-day revocation period begins upon delivery/acceptance of the goods.
-> Further information can be found in the revocation instructions
7.3 Exchange provisions:
The buyer is granted a flexible right of exchange for Handpan instruments. The exchange periods apply from receipt of the goods. To claim an exchange, please contact Handpan.World Support: https://www.handpan.world/pages/support
The following are the regulations for the exchange options.
- A free exchange is possible within 30 days
- Exchanges via Handpan.World Support or the showroom where the instrument was purchased are free of charge.
- In case of exchange in a Handpan.World showroom where the instrument was not purchased, an exchange fee of 100€ may apply. This fee is paid directly to the Handpan.World representative on site and serves as compensation for their time.
- No money will be refunded for exchanges - if a difference remains after the exchange, the customer will receive a voucher (if the difference is positive) or an additional invoice (if the difference is negative).
- If a new exchange is desired after the first free exchange, an additional processing fee of 50€ and 30€ for shipping (outward and return shipping) will be charged.
- Extraordinary exchange option: Even after the 30-day exchange period has expired, an exchange may be granted if the instrument is in perfect condition. In these cases, we charge a usage fee of 150€ per month or part thereof after the 30-day exchange period has expired.
8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
9 Warranty for material defects and guarantee
9.1 Warranty for material defects:
If a defect in the purchased item exists, the provisions of statutory defect liability apply. For Handpans, a tolerance of ±10 cents is considered acceptable. Within this tolerance range, a Handpan is not deemed out of tune.
9.1.1 For used and discounted items, the following additional conditions apply:
Warranty claims are excluded if the defect appears more than one year after the delivery of the goods. Defects that occur within one year of delivery can be asserted within the statutory limitation period. However, the reduction of the limitation period to one year does not apply to items that, based on their typical use, condition, and material properties, have been handled and treated accordingly.
9.1.2 The customer is encouraged to report any obvious transport damage to the carrier upon delivery and to inform the seller. Failure to do so will not affect the customer's statutory or contractual warranty rights.
10 Liability
10.1 The following exclusions and limitations of liability apply to the seller's liability for damages, notwithstanding the other statutory requirements for claims.
10.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. storage of the contract text
11.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.
12. final provisions
12.1 The place of jurisdiction and place of performance is the registered office of the seller. In the case of purchase contracts concluded online, by telephone or in writing, the place of jurisdiction is the registered office of the retailer - currently Munich.
12.2 The contract language is German.
12.3. platform of the European Commission for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/
We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.