Terms and Conditions

General Terms and Conditions of the company Hess Sound GmbH & Co. KG - Uenzer Dorfstraße 71 - 27305 Bruchhausen-Vilsen 

1. general / conclusion of contract

  1. The purchase contract is concluded upon delivery of the goods.

  2. Order data is stored by us for 24 months. If you lose your order data, please contact us by e-mail or telephone. We will be happy to send you a copy of your order data.

2. prices and terms of payment

  1. For the delivery of available items, the prices of the price list of Hess Sound GmbH & Co. KG (hereinafter: Seller) valid at the time of the respective order apply.

  2. All our prices include the statutory value-added tax. The shipping method and packaging are subject to the dutiful discretion of the seller.

  3. Payment shall only be deemed to have been made when we can dispose of the amount. In the event of a delay in payment, we shall be entitled to charge interest on arrears at a rate of 8 percentage points above the respective prime rate of the ECB in accordance with the Discount Transition Act.

  4. The customer, who is an entrepreneur, is only entitled to offset the purchase price payment obligation if their counterclaims have been legally established, are undisputed, or have been recognized by us. Furthermore, they are only authorized to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

  5. Prices in our product catalog are subject to change and errors excepted.

3. delivery period

  1. All items that are immediately available from our warehouse are dispatched within 1-7 working days (for advance payments, after receipt of payment). If items are not immediately available, and the delivery time is delayed, we will inform you.

  2. The delivery period begins with our confirmation of readiness for delivery.

  3. The delivery period may be extended by the time until you have provided all information and documents necessary for the execution of the order.

  4. Delays in delivery caused by legal or official orders (e.g. import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. We will inform you immediately of the beginning and end of such delays in important cases.

4. delivery, dispatch, transfer of risk

  1. Partial deliveries by us are permissible insofar as these are reasonable for you.

  2. We may determine the shipping method, the shipping route and the company commissioned with the shipping at our discretion, unless you give any express instructions.

  3. In the case of a purchase of consumer goods, the risk is transferred to you as soon as the shipment with the delivery items is handed over to you by the carrier.

  4. Obvious damage to the transport packaging must be confirmed immediately by the shipping company and reported to us.

  5. For deliveries abroad, we calculate the individually applicable shipping costs. In addition, please note that you as the buyer may incur additional export, import, and transport costs.

5. revocation instruction

  1. Right of cancellation: You have the right to cancel this purchase contract within fourteen (14) days without giving any reason. The cancellation period begins on the date on which you or a third party designated by you, who is not the carrier, takes possession of the ordered goods. To exercise your right of cancellation, you must inform us (Hess Sound GmbH & Co. KG, Uenzer Dorfstraße 71, 27305 Bruchhausen-Vilsen, Phone: 04252-2411, E-mail: [email protected]) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the online sample cancellation form for this purpose, but it is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

  2. Consequences of cancellation: If you cancel this contract, we are obligated to refund all payments we have received from you, including delivery costs (except for additional costs incurred if you chose a delivery method different from the most cost-effective standard delivery offered by us), immediately and no later than within fourteen days from the date we received your cancellation notice. For this refund, we will use the same payment method you used for the original transaction, unless explicitly 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 (Hess Sound GmbH & Co. KG Logistikzentrum, Kirchberg 12, 28857 Syke) immediately and in any event no later than fourteen days from the date on which you notify us of your cancellation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods, which shall be done via a shipping provider of your choice. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

  3. Exclusion of the right of withdrawal
    The right of withdrawal does not apply to

    • Delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

    • Delivery of audio or video recordings in sealed packaging if the seal has been removed after delivery.

6. refusal of acceptance

  1. The buyer's refusal to accept the goods does not constitute a revocation within the meaning of Section 355 (1) BGB.

  2. If a buyer who is not a consumer within the meaning of § 13 BGB does not accept the purchased goods, we are entitled, at our option, to insist on acceptance or to demand 10% of the purchase price as a lump-sum compensation for damages and expenses, unless the buyer proves that no damage or a lower amount of damage has been incurred. In the event of an unusually high damage, we reserve the right to assert this. For the duration of the buyer's default of acceptance, we are entitled to store the delivery items at the buyer's risk at our premises, at a forwarding agency or at a warehouse keeper. During the period of default of acceptance, the buyer shall pay us a flat rate of 15,- Euro per month for the resulting storage costs without further proof. The flat-rate compensation shall be reduced to the extent that the buyer proves that expenses or damage have not been incurred. In the event of extraordinarily high storage costs, we reserve the right to assert these.

  3. In the event of an unjustified refusal to accept delivery, we are entitled under § 304 BGB to charge you for the resulting claims for compensation of expenses.

7. reservation of title

  1. We reserve title to the purchased item until full payment of all claims arising from the delivery contract, including ancillary claims (e.g. financing costs, shipping costs, interest, etc.). If you act in breach of contract, we are entitled to demand the return of the purchased item.

  2. In the event of seizure or other interventions by third parties, you must notify us immediately in writing.

  3. Any processing or transformation of the purchased item by you shall always be carried out on our behalf. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing.

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

8. warranty / exclusion of liability

  1. Warranty rights are governed by the statutory provisions, unless otherwise stated below. Liability for normal wear and tear is excluded. The warranty period for used goods is 12 months from the transfer of risk.

  2. We do not assume any liability for defects and damages resulting from unsuitable or improper use, failure to observe application instructions, or faulty or negligent handling. This also applies to defects and damages attributable to fire, lightning, explosion, or mains-related overvoltage as well as moisture of any kind, unless the buyer proves that these circumstances were not the cause of the alleged defect.

  3. The warranty expires if you carry out interventions and/or repairs on devices or have them carried out by persons who have not been authorized by us, insofar as the defect that has occurred is due to this.

  4. For obvious defects in commercial transactions, § 377 HGB applies.

  5. In the event of a warranty claim, the consumer is entitled, at their discretion, to assert a right to remedy the defect or to deliver goods free of defects (subsequent performance). If the chosen type of subsequent performance involves disproportionately high costs, the claim is limited to the remaining type of subsequent performance. As part of the delivery of goods free of defects, the exchange for higher-value products with comparable properties is already accepted, provided that this is reasonable for the consumer and us (e.g., exchange for the successor model, same model series, etc.). Further rights, in particular the rescission of the purchase contract, can only be asserted after a reasonable period for subsequent performance has expired or the subsequent performance has failed twice.

  6. If the buyer is an entrepreneur, we are entitled, within one year of the delivery date, to remedy the defect or deliver defect-free goods in accordance with § 439 BGB, at our discretion. After one year from the delivery date, their warranty claims are limited to rectification of the defect or a credit note for the current value, at our discretion. Should the entrepreneur demand reimbursement of expenses in accordance with § 478 II BGB, this is limited to a maximum of 2% of the original value of the goods. Claims based on § 478 BGB are waived by the 24-month warranty for entrepreneurs according to 8.1 in the sense of equivalent compensation according to § 478 IV S. 1 BGB.

  7. No new warranty/guarantee periods come into force as a result of an exchange under warranty/guarantee; § 203 BGB remains unaffected.

  8. We do not assume any guarantee for the specified quality of the goods within the meaning of § 443 BGB. Any warranty rights granted by the manufacturer shall remain unaffected and shall be determined exclusively in accordance with the warranty declaration provided to the customer with the goods.

  9. In accordance with the statutory provisions of warranty law, we shall be liable without limitation for damages resulting from injury to life, limb or health that are based on a negligent or intentional breach of duty on our part or an intentional or negligent breach of duty on the part of our vicarious agents. In addition, we shall be liable without limitation in accordance with the statutory provisions for other damages if these are based on the breach of a material contractual obligation. This is the case if the breach of duty relates to a duty whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the customer has relied and was entitled to rely.

  10. The liability provisions regulated under 8.9 are limited to the foreseeable, typically occurring damage and also apply to other breaches of duty outside of warranty law. This includes in particular the breach of primary and secondary performance obligations in the period before delivery of the goods. In addition, liability is limited to intent and gross negligence. We are not liable for the recovery of data unless we have caused the loss intentionally or through gross negligence and the buyer has ensured that a data backup has been carried out so that the data can be reconstructed with reasonable effort.

  11. If you have any questions about the handling of warranty claims, please contact us via email or telephone. Click here for the return form.

9. rescission in the event of deterioration of assets

We can withdraw from the contract if we become aware of a suspension of payments, the opening of insolvency or judicial composition proceedings, the rejection of insolvency due to lack of assets, bill or check protests, or other concrete indications of a deterioration in the financial circumstances of the buyer.

10. Optical product properties

Our Singing Bowls and gongs are handcrafted, unique items whose visual appearance may vary due to their complicated manufacturing process and/or change over time. A minor visual deviation of the ordered item from our images used on the website or in the catalog does not constitute a valid basis for a subsequent complaint or a price reduction. Please use the 14-day cancellation period if you are not satisfied with the delivered product; after this period, no claims can be made.

11 Place of jurisdiction, partial invalidity, applicable law

  1. In business transactions with merchants and legal entities under public law, Syke is agreed as the place of jurisdiction for all legal disputes arising from the contract. However, we are also entitled to take legal action at the location of the buyer.

  2. If individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions shall remain valid.

  3. In business transactions with consumers within the European Union, the law at the consumer's place of residence may also be applicable, provided that it is mandatory consumer protection regulations.

12.  Data protection information

Protecting your data is of utmost importance to us. Compliance with the Federal Data Protection Act is a matter of course for Hess Sound.

  1. We generally use the order information we collect (customer data) only to fulfill the contract, in order to guarantee the successful execution of orders. You can find details on this in our privacy policy.
  2. You have the right to request the personal data we hold about you and to request its correction, updating or deletion. If you would like to exercise this right, please contact us using the contact details below.
  3. If you need more information about our privacy practices, have questions, or would like to file a complaint, please contact us by email at: [email protected]