Terms and Conditions

Hess Sound GmbH & Co. KG · Uenzer Dorfstraße 71 · 27305 Bruchhausen-Vilsen

Last updated: June 2026

§ 1 General Provisions / Conclusion of the Contract

1.1
The sales contract is concluded upon delivery of the goods.

1.2
We store order data for 24 months, provided there are no conflicting legal retention requirements (see § 12.3). If you lose your order data, please contact us by email or phone. We will be happy to send you a copy of your order data.

§ 2 Prices and Terms of Payment

2.1
For the delivery of available items, the prices listed in the Hess Sound GmbH & Co. KG price list (hereinafter: “Seller”) valid at the time of the order shall apply.

2.2
All our prices for consumers include the statutory sales tax.

Entrepreneurs as defined in Section 14 of the German Civil Code (BGB) are provided with net prices excluding value-added tax via their customer account. In such cases, any taxes, duties, and other import costs incurred in the respective country of destination are the sole responsibility of the buyer (see also Section 5).

The shipping method and packaging are subject to the seller's reasonable discretion.

2.3
A payment is not considered to have been made until we have access to the funds. In the event of late payment, we are entitled to charge late-payment interest at a rate of 8 percentage points above the respective ECB base rate as defined by the Discount Rate Reconciliation Act.

2.4
A customer who is a business entity may only set off the purchase price against other claims to discharge the obligation to pay the purchase price if the customer’s counterclaims have been legally established, are undisputed, or have been acknowledged by us. Furthermore, the customer is authorized to exercise a right of retention only to the extent that his or her counterclaim is based on the same contractual relationship.

2.5
We reserve the right to make price changes and correct errors in our product catalog and/or online store (Hess Sound website).

§ 3 Delivery Time

3.1
All items that are immediately available from our warehouse will be shipped within 1–7 business days (for prepaid orders, after receipt of payment). If items are not immediately available, resulting in a delay in delivery, we will notify you.

3.2
The delivery period begins upon our confirmation that the goods are ready for delivery.

3.3
The delivery period may be extended by the time it takes for you to provide all the information and documents necessary for the fulfillment of the order.

3.4
Delivery delays caused by legal or regulatory requirements (e.g., import and export restrictions) for which we are not responsible shall extend the delivery period by the duration of such obstacles. In important cases, we will notify you immediately of their start and end dates.

§ 4 Delivery, Shipping, Transfer of Risk

4.1
We may make partial deliveries, provided that such deliveries are reasonable for you.

4.2
We may determine the shipping method, route, and the company responsible for shipping at our discretion, unless you provide specific instructions.

4.3
In the case of a sale of consumer goods, the risk passes to you as soon as the carrier hands over the shipment containing the delivered items to you.

4.4
Any visible damage to the shipping packaging must be documented immediately by the shipping company and reported to us.

§ 5 International Shipments / Import Costs

5.1 Customs Duties, Taxes, and Import Charges
For international shipments, additional costs may arise in the recipient country, in particular customs duties, import sales tax, import charges, or other government fees. These costs are not included in the purchase price and are the sole responsibility of the buyer. Hess Sound GmbH & Co. KG assumes no liability for the amount or the incurrence of such charges. We recommend that you familiarize yourself with the import regulations applicable in the destination country before placing your order.

5.2 Refusal to Accept International Shipments
If the buyer refuses to accept an international shipment—for any reason, in particular due to unexpected import costs or customs duties—all resulting costs shall be borne by the buyer. This includes, in particular:

Return shipping costs to the country of origin
Customs duties and import taxes incurred again
Warehousing costs in the destination or transit country
Other expenses resulting from refusal to accept delivery

A refusal to accept delivery on these grounds does not release the buyer from the obligation to pay for the ordered goods. In all other respects, the provisions regarding refusal to accept delivery set forth in Section 7 of these Terms and Conditions apply.

§ 6 Notice of Right of Withdrawal

6.1 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., by letter or email):

Hess Sound GmbH & Co. KG
Uenzer Dorfstraße 71 · 27305 Bruchhausen-Vilsen
Phone: 04252-2411 · Email: info@hess-sound.de

You may use the online withdrawal form available at www.hess-sound.de, although this is not required. To meet the withdrawal deadline, it is sufficient for you to send your notice before the withdrawal period expires.

6.2 Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including shipping costs (except for any additional costs incurred if you chose a shipping method other than the least expensive standard shipping option we offer), to the extent that these are refundable in accordance with § 6.3.

The refund will be issued immediately, or no later than fourteen days after we receive your notice of withdrawal, using the same payment method you used for the original transaction. We may withhold the refund until we have received the goods back or until you have provided proof of return, whichever comes first.

6.3 Return Shipping Costs and Refund of Shipping Costs
Returns should be sent to:

Hess Sound GmbH & Co. KG Logistics Center
Kirchberg 12 · 28857 Syke

The return must be made no later than fourteen days from the date on which you notified us of your cancellation. The deadline is met if you ship the goods before this period expires. You are only liable for any loss in value of the goods if this is due to improper handling on your part that goes beyond what is necessary to inspect the nature, characteristics, and functionality of the goods.

The following applies to the coverage of shipping and return costs:

Cancellation Without Citing a Defect (Change of Mind): If you cancel the contract without citing a defect (see also § 10), we will refund the original shipping costs in accordance with § 357(2) of the German Civil Code (BGB), up to the amount of the least expensive standard shipping option we offer. Additional costs for express or special shipping methods you selected will not be refunded. As the buyer, you are responsible for the costs of returning the item (§ 357(5) BGB).
Defects or Incorrect Delivery (Due to Hess Sound’s Fault): If the delivered goods are defective or if incorrect goods were delivered, we will bear the full cost of both the initial shipment and the return shipment (Section 439(2) of the German Civil Code (BGB)). In the case of a partial return due to a defect, this applies proportionally to the affected portion of the shipment; the proportional shipping costs for the retained goods are waived.
Not a cancellation, but a refusal to accept delivery: If you refuse to accept the goods without a valid cancellation, the provisions of Section 7 of these Terms and Conditions apply.

6.4 Electronic Cancellation Function (Cancellation Button)
For distance contracts concluded via our online user interface (website or app), we provide an electronic cancellation function in accordance with § 356a BGB, through which the right of cancellation can be exercised directly online. The cancellation function is available at all times during the cancellation period, prominently displayed, and easily accessible (permanently located in the website footer). It is clearly labeled—“Cancel Contract”—and meets the legal requirements of Section 356a of the German Civil Code (BGB) as amended effective June 19, 2026.

The cancellation feature operates according to a two-step process: In the first step, only the information required by law is requested (name, contract ID, and an electronic means of communication for confirmation of receipt). In the second step, a clearly labeled confirmation button—such as “Confirm Withdrawal”—effectively triggers the notice of withdrawal (Section 356a(3) of the German Civil Code (BGB)). The notice of withdrawal is considered timely if it was sent via this function before the expiration of the withdrawal period (Section 356a(5) of the German Civil Code (BGB)).

Upon receipt of the notice of withdrawal, we will immediately send you a confirmation of receipt on a durable medium (usually by email) that documents the content of the notice of withdrawal, the contract in question, and the date and time of receipt (Section 356a(4) of the German Civil Code (BGB)). The confirmation of receipt solely documents the receipt of your notice; it does not replace the review of the validity of the cancellation and does not constitute confirmation that the cancellation is valid.

6.5 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply in the following cases:

Delivery of goods that are not prefabricated and for which the consumer’s individual selection or specification is decisive for their manufacture, or that are clearly tailored to the consumer’s personal needs
Delivery of products in sealed packaging if the seal was removed after delivery

6.6 No Right of Withdrawal for Business Owners
The right of withdrawal pursuant to Sections 312g and 355 of the German Civil Code (BGB) applies exclusively to consumers as defined in Section 13 of the BGB. Buyers who are business owners as defined in Section 14 of the BGB have no statutory right of withdrawal. For returns in the B2B sector, only the provisions of § 11 of these Terms and Conditions apply.

§ 7 Refusal to Accept

7.1
The buyer’s refusal to accept delivery does not constitute a rescission within the meaning of § 355(1) of the German Civil Code (BGB).

7.2
If a buyer who is not a consumer within the meaning of § 13 BGB fails to accept the purchased goods, we are entitled, at our option, either to insist on acceptance or to demand 15% of the purchase price as lump-sum compensation for damages and expenses.

In the event of damage resulting from non-acceptance, we reserve the right to seek compensation for such damage. For the duration of the buyer’s delay in acceptance, we are entitled to store the delivered goods at the buyer’s risk at our premises, with a freight forwarder, or at a warehouse. During the period of default in acceptance, the buyer must pay us a flat rate of 15.00 euros per month for the resulting storage costs, without requiring further proof. The flat-rate compensation shall be reduced to the extent that the buyer proves that no expenses or damages were incurred. In the event of exceptionally high storage costs, we reserve the right to claim these costs.

7.3
In the event of an unjustified refusal to accept delivery, we are entitled under § 304 BGB to bill you for the resulting claims for reimbursement of expenses at
.

§ 8 Retention of Title

8.1
We reserve title to the purchased goods until all claims arising from the sales contract, including ancillary claims (e.g., financing costs, shipping costs, interest, etc.), have been paid in full. If you act in breach of the contract, we are entitled to demand the return of the purchased goods.

8.2
In the event of seizures or other actions by third parties, you must notify us immediately in writing.

8.3
Any processing or alteration of the purchased item by you shall always be carried out on our behalf. If the purchased item is processed together with other items that do not belong to us, we shall acquire co-ownership of the new item in proportion to the value of the purchased item relative to the other processed items at the time of processing.

8.4
You are entitled to resell the goods in the ordinary course of business. However, you hereby assign to us all claims against your customer or third parties arising from the resale, in the amount of the final invoice amount.

§ 9 Warranty / Disclaimer

9.1
Warranty rights are governed by statutory provisions (24 months), unless otherwise specified below. Liability for normal wear and tear is excluded.

9.2
We assume no liability for defects or damage resulting from unsuitable or improper use, failure to follow usage instructions, or faulty or negligent handling. This also applies to defects and damage attributable to fire, lightning, explosion, or power surges, as well as moisture of any kind, unless the buyer can prove that these circumstances were not the cause of the reported defect.

9.3
The warranty is void if you perform any modifications and/or repairs on the products, or have them performed by persons not authorized by us, provided that the defect that has occurred is attributable to such actions.

9.4
Section 377 of the German Commercial Code (HGB) applies to obvious defects in commercial transactions.

9.5
In the event of a warranty claim, the consumer is entitled, at his or her discretion, to assert the right to have the defect remedied or to receive goods free of defects (subsequent performance). If the chosen method of subsequent performance involves disproportionately high costs, the claim is limited to the remaining method of subsequent performance. In the context of the delivery of defect-free goods, the exchange for higher-value products with comparable characteristics is hereby deemed accepted, provided this is reasonable for both the consumer and us. Further rights, in particular the rescission of the purchase contract, may only be asserted after the expiration of a reasonable period for subsequent performance or after subsequent performance has failed twice.

9.6
For buyers who are business owners as defined in § 14 of the German Civil Code (BGB), the special warranty provisions set forth in § 11.6 of these Terms and Conditions apply.

9.7
A replacement under warranty does not give rise to new warranty periods; § 203 of the German Civil Code (BGB) remains unaffected.

9.8
We do not provide any warranty regarding the specified quality of the goods within the meaning of § 443 BGB. Any warranty rights granted by the manufacturers remain unaffected by this and are governed exclusively by the warranty statement provided to the customer with the goods.

9.9
We are fully liable in accordance with the statutory provisions of warranty law for damages resulting from injury to life, limb, or health that are caused by a negligent or intentional breach of duty on our part or by an intentional or negligent breach of duty by our agents. Furthermore, we are fully liable in accordance with statutory provisions for other damages if they result from a breach of a material contractual obligation.

9.10
Liability for damages resulting from a breach of material contractual obligations (sentence 2 of 9.9) is limited to foreseeable, typically occurring damages. Unrestricted liability for damages resulting from injury to life, body, or health (sentence 1 of 9.9) remains unaffected by this limitation. The limitation on damages also applies to other breaches of duty outside the scope of warranty law. In all other respects, liability is limited to willful misconduct and gross negligence. We are not liable for the recovery of data unless we caused the loss intentionally or through gross negligence and the buyer has ensured that a data backup was performed.

9.11
If you have any questions regarding the processing of warranty claims, please contact us by email or phone. You can find a return form online at: https://www.hess-sound.de

§ 10 Acoustic & Visual Product Characteristics
Our Singing Bowls gongs are handcrafted, one-of-a-kind pieces whose visual appearance may vary due to their complex manufacturing process and/or may change over time. A minor acoustic or visual deviation of the ordered item from the images or digital sound samples used on our website or in our catalog therefore does not constitute a defect within the meaning of § 434 of the German Civil Code (BGB) that would justify a complaint or a price reduction.

§ 11 Special Terms and Conditions for Businesses (B2B)

11.1 No Right of Withdrawal
Buyers who are business owners as defined in § 14 of the German Civil Code (BGB) have no statutory right of withdrawal. The withdrawal policy set forth in § 6 of these Terms and Conditions applies exclusively to consumers as defined in § 13 of the German Civil Code (BGB).

11.2 Returns of Non-Defective Goods
Returns of goods that are in perfect condition and not defective are generally not permitted in the B2B sector. Returns accepted as a gesture of goodwill in the past do not constitute grounds for future returns.

11.3 Flat-Rate Handling Fee for Returns
If returns of non-defective goods are accepted on a case-by-case basis as a gesture of goodwill, Hess Sound GmbH & Co. KG is entitled to charge a flat-rate handling fee of 15% of the value of the returned goods. This fee covers the costs of re-processing the goods, processing the refund, and accounting for the transaction.

11.4 Notification of Defects
Business customers are required to notify us in writing of any defects immediately upon receipt of the goods (Section 377 of the German Commercial Code (HGB)). Obvious defects must be reported no later than 5 business days after delivery. Hidden defects must be reported immediately upon discovery. If the obligation to notify defects is not fulfilled, the goods shall be deemed accepted.

11.5 Acoustic and Visual Variations
Since Singing Bowls gongs are handcrafted, one-of-a-kind items, minor visual or acoustic variations from the catalog or website image or digital sound sample do not constitute a defect within the meaning of § 434 BGB and do not entitle B2B partners to a return, a price reduction, or rescission.

11.6 Warranty for Business Owners
If the buyer is a business owner, we are entitled, at our discretion, to either remedy the defect or deliver defect-free goods within one year of the delivery date, in accordance with § 439 of the German Civil Code (BGB). After one year from the delivery date, the business owner’s warranty claims are limited to the rectification of defects or a credit note for the current market value, at our discretion. Should the business owner claim reimbursement of expenses within the meaning of § 478(2) BGB, such reimbursement is limited to a maximum of 2% of the original value of the goods. Claims based on § 478 BGB are excluded by the one-year warranty period for business owners pursuant to the first sentence of this paragraph, in accordance with the equivalent compensation provided for in § 478(4), sentence 1, BGB.

§ 12 Information on Data Protection

The protection of your personal data is of the utmost importance to us. We process your data exclusively in accordance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and other applicable data protection regulations.

12.1 Data Controller
The entity responsible for processing your personal data is:
Hess Sound GmbH & Co. KG · Uenzer Dorfstraße 71 · 27305 Bruchhausen-Vilsen
Email: privacy@hess-sound.de · Phone: 04252-2411

12.2 Purpose and Legal Basis of Data Processing
We process your data for the following purposes:

Pre-contractual and contractual purposes (Art. 6(1)(b) of the GDPR)
Compliance with legal obligations, e.g., tax-related retention requirements (Art. 6(1)(c) of the GDPR)
Protection of legitimate interests, e.g., to assert or defend claims (Art. 6(1)(f) GDPR)

12.3 Retention Period
Order data is stored for 24 months. To the extent that statutory retention requirements apply—in particular under commercial and tax law (up to 10 years)—the relevant data will be retained for the duration of these requirements and subsequently deleted.

12.4 Disclosure of Data
Your data will only be disclosed to third parties to the extent necessary to fulfill the contract (e.g., to shipping service providers) or if we are legally required to do so. Your data will not be disclosed to third parties for advertising purposes.

12.5 Your Rights
Under the GDPR, you have the following rights:

Information about the personal data stored about you (Art. 15 GDPR)
Rectification of Inaccurate Data (Art. 16 of the GDPR)
Deletion of your data, provided that no legal retention requirements prevent it (Art. 17 GDPR)
Restriction of Processing (Art. 18 GDPR)
Data Portability (Art. 20 of the GDPR)
Objection to Processing (Art. 21 GDPR)

To exercise your rights, please contact: privacy@hess-sound.de

12.6 Right to File a Complaint
You have the right to file a complaint with a data protection supervisory authority regarding our processing of your personal data. The competent supervisory authority is the State Commissioner for Data Protection in Lower Saxony (www.lfd.niedersachsen.de).

§ 13 Withdrawal in the Event of a Deterioration in Financial Circumstances

We may terminate the contract if we become aware of a suspension of payments, the initiation of insolvency or judicial composition proceedings, the dismissal of an insolvency petition due to lack of assets, protests of bills of exchange or checks, or other concrete indications of a deterioration in the buyer’s financial circumstances.

§ 14 Jurisdiction, Partial Invalidity, Governing Law

14.1
In business dealings with merchants and legal entities under public law, Syke is agreed upon as the place of jurisdiction for all legal disputes arising from the contract. However, we are also entitled to bring an action at the buyer’s place of business.

14.2
Should any provision of the sales contract or these General Terms and Conditions be invalid, the remaining provisions shall remain in full force and effect.

14.3
In business transactions with consumers within the European Union, the law of the consumer’s place of residence may also apply, provided that the provisions in question are mandatory under consumer law.