GENERAL TERMS & CONDITIONS OF SALE

These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through the dBs Music website at www.dbsmusic.net (the “Website”). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.


Website Terms and Conditions


Whenever you use this Website to order a dBs Music Course, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a dBs Music course through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.


Course Descriptions


We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all courses have been fairly described. However, when ordering courses through the Website, please note that:

  • orders will only be accepted if there are no material errors in the description of the courses or their prices as advertised on this Website;
  • all prices are displayed in Euros and are free of VAT where applicable unless expressly indicated otherwise. VAT is not charged on this type of educational course in Germany.
  • whilst we endeavour to keep all descriptions of our courses up to date and relevant we cannot guarantee that there will not be changes to the delivered courses as part of an ongoing improvement and upgrading process
  • all courses are subject to availability. We will inform you as soon as possible if the course you have ordered is not available and we may offer alternative courses of equal or higher quality and value
  • where circumstances dictate, dBs Music reserves the right to alter published programmes, trainers, fees or venues without prior notice. In the event of a course being cancelled, participants will be notified immediately and a refund of the course fee will be made. No compensation will be paid for any additional costs incurred

Acceptance of your order


Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only on commencement of the course that you ordered from us.

On receipt of your deposit payment you will be offered a place on one of our courses. You will not be allowed to start the course until either you have made a final payment or signed up for subscription payment agreement.

If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.

All courses that you order through the Website will remain the property of dBs Music Berlin until we have received payment in full from you for those courses. In the case of a subscription payment agreement the services will remain the property of dBs Music Berlin until we have received payment in full from you for those services i.e. completed all subscription payments.

Failure to make subscription payments on the agreed dates may result in the services being provided by dBs Music Berlin being withdrawn either temporarily until subscription is resumed or permanently, depending on the nature of the reason for subscription being withheld.

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.

All card payments are subject to authorisation by your card issuer and we take payment when we accept your order.

If we cannot supply you with the course you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the course, refund you in full as soon as reasonably possible.


Cancellation Rights


Once you have registered for a course you can make a cancellation and ask for a refund only in the following circumstances:-

  • if we receive a written request before the first lesson has taken place, you can receive a refund minus your deposit or you can keep a credit for the full amount
  • if we receive a written request from you to withdraw from the course prior to November 30th in any given year, you will receive a 50% refund of your course fee minus the deposit charged. If this request is received following November 30th in any given year you will not be entitled to receive any refund of your course fee or your deposit unless we receive written notification supported by a doctor’s note that you are unfit to continue to attend the rest of the course. In this case you will then receive a refund equal to the value of the remainder of the course minus the deposit or you can keep a credit equal to the value of the remainder of the course
  • If you fail to attend the course on which you are booked and have not given prior notice to dBs Music then the course fee will remain payable in full and no refund will be allowed

Your refund rights referred to above will apply whether you are paying the full fee or paying by subscription.

Refunds can only be paid by bank transfer; please attach your bank account details to your written request.

We regret that we are not able to offer credits for cancellations due to changes in work or study schedule or trips abroad.

If you are an EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days of the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre.

As an attendee on our course you will need to comply with our Student Code of Conduct. If following an investigation, the management of dBs Berlin decide that you have not complied with our Student Code of Conduct we reserve the right to remove you from the course. You will be repaid any monies you have paid for planned course attendance following the date of your removal from the course minus a 25% administration fee.

If you wish to cancel (or are considering cancelling) a course you have ordered from us, please be aware of the following terms that apply:

This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in Germany from your Local Authority’s Trading Standards Office.


Alterations to the Course Programme


We reserve to right to make alterations to the delivery pattern of the course programme.

Should there be an insufficient number of students by the start of a course (the minimum is 8 students per class), dBs Music reserves the right to cancel the course. In this case the full course fee will be refunded.


Liability


There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.

You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in Germany, contact your local authority Trading Standards Department. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.

Any courses we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us to discuss taking an alternative course or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.


Other important terms


We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.

No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms and Conditions of Sale are governed by German law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the German courts.