Sing A Song-Be Happy General Terms and Conditions (GTC)
- Scope of application
1.1 The online portal Sing A Song-Be Happy for online singing courses is an offer by Bernadette Kube (hereinafter: "Vendor" or "we„).
1.2 The contractual relationship between Sing A Song-Be Happy and the User (hereinafter: "Users" or "You") on the use of this offer, these general terms and conditions ("AGB"). Deviating GTC of the user shall not become part of the contract, even if Sing A Song-Be Happy does not expressly object to them.
- Conclusion of contract and contractual relationships; registration requirements; amendment of the GTCs
2.1 Prerequisite for the use of the Sing A Song-Be Happy offer (paid usage packages) is the registration of the user by Sing A Song-Be Happy. Sing A Song-Be Happy can offer free trials of the contents or services of Sing A Song-Be Happy during a trial period either independently after free registration or in connection with the conclusion of a contract for a paid usage package. Notwithstanding any agreements to the contrary, there is no entitlement to a free trial.
2.2 The contract is concluded by confirmation of the User's registration by Sing A Song-Be Happy ("Registration") or acceptance of the user's order by Sing A Song-Be Happy. Sing A Song-Be Happy can also declare the confirmation of the registration or the acceptance of the user's order by activating the respective offer. Sing A Song-Be Happy confirms the order of a chargeable usage package according to the legal provisions; this order confirmation is not yet an acceptance of the order.
2.3 The contractual provisions are not stored by Sing A Song-Be Happy for the user, without prejudice to the fulfilment of the statutory information obligations.
2.4 The user must have unlimited legal capacity or act with the consent of his legal representative. In any case, he must be at least 14 years of age.
2.5 Sing A Song-Be Happy reserves the right to amend these GTC after conclusion of the contract with effect for existing contractual relationships, provided this appears necessary to protect the legitimate interests of Sing A Song-Be Happy, is not unreasonable for users and they are not disadvantaged thereby contrary to good faith. Sing A Song-Be Happy considers changes to be reasonable which (i) are only advantageous for the user, (ii) are necessary due to purely technical changes, (iii) are necessary due to a change in the applicable laws, (iv) we have to make due to a court ruling or an official decision against us or (v) insofar as we introduce additional services, services or service elements which require a service description in the GTC.
Any change that would lead to a change in the character of the main contractual service owed by us that would be disadvantageous for the user is expressly excluded from the aforementioned right to make changes.
For this purpose, users will be informed of the changes in text form by Sing A Song-Be Happy at least six weeks before the new terms and conditions come into force. The users have the possibility to object to the changes. In this case, both parties have an extraordinary right of termination. If no objection is made, the changes will be deemed approved six weeks after receipt of the notification. Sing A Song-Be Happy will inform the user in the notification of the right to object and the effect of silence. The user's rights of termination according to clause 6 remain unaffected.
- Scope of services
3.1 Insofar as a contract for a chargeable usage package has been concluded, Sing A Song-Be Happy shall provide the agreed services. Insofar as Sing A Song-Be Happy also provides content and/or services voluntarily and free of charge, this is done without assuming a legal obligation to do so and Sing A Song-Be Happy is entitled to change, expand or restrict these services at any time.
3.2 The User is permitted to access the agreed content of Sing A Song-Be Happy in principle geographically limited to the Federal Republic of Germany. With the entry into force of Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market on 1 April 2018, the use during a temporary stay of the user in another Member State of the European Union is also permitted.2018, the use during a temporary stay of the user in a Member State of the European Union other than his Member State of residence shall also be permitted, provided that the conditions set out in Regulation (EU) 2017/1128 are met and the customer previously tolerates and enables the (also repeated) verification of his Member State of residence in accordance with Regulation (EU) 2017/1128 and the applicable data protection provisions. It is pointed out that the technical quality when accessing the content in other European countries may deviate negatively in comparison to the domestic quality.
3.3 Sing A Song-Be Happy guarantees an availability of its online offer of 99 % calculated for the calendar year. This does not include downtime for which Sing A Song-Be Happy is not responsible due to necessary maintenance work, force majeure, technical faults on the internet or other reasons for which Sing A Song-Be Happy is not responsible.
3.4 Sing A Song-Be Happy does not undertake to back up data for the user and does not assume any contractual assurances, guarantees or warranties beyond the statutory regulations, unless otherwise agreed in individual cases.
- Duties or obligations of the user, prohibited conduct
4.1 The user may only use the Sing A Song-Be Happy offer for his private purposes. Commercial or business use is prohibited.
4.2 The User undertakes to provide true and complete information when registering and to keep this information up to date during the term of the contract by adjusting it or notifying Sing A Song-Be Happy.
4.3 Only one registration may be maintained per person at any one time.
4.4 The user is obliged to keep his access data secret and not to pass it on to third parties. The transfer of the possibility to use the registration and/or a paid usage package to third parties is prohibited.
4.5 The user is obligated to observe the existing statutory copyrights and other rights to the content of paid usage packages and other content in the Sing A Song-Be Happy offer. He/she may not reproduce, distribute or make publicly available such content or remove technical protective measures or copyright or rights notices, unless this is expressly permitted.
4.6 The user has the obligation to provide hardware and software as well as a broadband internet connection for the retrieval of the agreed content or services from the Sing A Song-Be Happy offer at his own expense.
4.7 If your vocal cords are injured or inflamed, if you suffer from nodules on your vocal cords, if you are chronically hoarse or have a cold, you may only use the Sing A Song-Be Happy offer for training if you have been medically certified to be safe.
- Terms of payment, default, set-off and right of retention
5.1 All agreed remunerations are inclusive of statutory value added tax. Shipping costs do not apply. Sing A Song-Be Happy is entitled to transmit electronic invoices.
5.2 If a total payment has been agreed for a certain period of time, the total amount is due at the beginning of the period, unless otherwise agreed. Otherwise, agreed fees are due immediately, unless otherwise agreed.
5.3 Only the agreed means of payment is permitted for payment. By agreeing to direct debit, the user authorises Sing A Song-Be Happy to collect payments owed by him via the user's specified account.
5.4 The user shall only have a right of set-off if his counterclaim against Sing A Song-Be Happy has been legally established, is undisputed or has been recognised. The user only has a right of retention if and insofar as his counterclaim is based on the same contractual relationship.
5.5 If the user fails to fulfil a due payment obligation to Sing A Song-Be Happy without justification, Sing A Song-Be Happy is entitled, after prior warning and without prejudice to further legal and contractual rights, to temporarily block the user's access until the owed payment has been received. In this case, the term of the contract remains unaffected by the temporary blocking.
5.6 The user has to compensate Sing A Song-Be Happy according to the legal regulations for the damages and necessary expenses (e.g. return debit note costs), which Sing A Song-Be Happy incurs due to the user's non-payment or late payment or other disruptions of the payment by the user (e.g. lack of account coverage in case of direct debit mandate contrary to duty), unless the user is not responsible for these.
- Contract term, automatic renewal, pause, termination
6.1 The contract for a chargeable usage package is valid for the respective agreed minimum term. The contract can be terminated by the user or Sing A Song-Be Happy at any time with a notice period of one day to the end of the minimum term and the user can continue to use the Sing A Song-Be Happy service until the end of the agreed minimum term. If the contract is not duly terminated at the end of the minimum term, the following regulations apply to an automatic renewal via a chargeable usage package:
6.1.1 For contracts for chargeable usage packages concluded as of 01.03.2022 and billed to the customer in euros, the contract shall be automatically extended for an indefinite period after expiry of the minimum term at the prices stated when the contract was concluded. During the indefinite term, the user may terminate the contract at any time with one day's notice to the end of the current billing period.
6.2 The termination must be in text form to be effective. The user can also declare it online via the function provided in the user account.
6.3 The legal right of both contractual parties to extraordinary termination for cause remains unaffected. For Sing A Song-Be Happy, an extraordinary reason for termination also exists in particular if the user intentionally provides false information when registering or ordering and/or later changing his data or has repeatedly violated these GTC, provided that Sing A Song-Be Happy has unsuccessfully reminded the user to comply with the affected contractual obligation before extraordinary termination (warning).
6.4 Insofar as Sing A Song-Be Happy offers a free trial period for a chargeable usage package and agrees this with the user, the agreed contractual term of the chargeable usage package shall be extended accordingly; in this case, the extended period shall run first (with a special ordinary right of termination for the user, if agreed) and then the regular term of the chargeable usage package.
7.1. Sing A Song-Be Happy is liable for contractual and other claims of the user on the merits only for damages of the user (1) which Sing A Song-Be Happy, its legal representatives or vicarious agents have caused intentionally or through gross negligence, (2) from injury to life, body or health which is based on a breach of duty by Sing A Song-Be Happy or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and (4) arising from the breach of an obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the user regularly relies and may rely (so-called cardinal obligation).
7.2 Sing A Song-Be Happy's liability in cases (1), (2) and (3) of the above paragraph is unlimited in amount. Otherwise, the liability is limited to the foreseeable damage typical for the contract.
7.3 In cases other than those mentioned in paragraphs 1 and 2 and without prejudice to the following paragraph, Sing A Song-Be Happy's liability is excluded, irrespective of the legal grounds.
7.4 The above limitations of liability apply accordingly to all organs, employees and vicarious agents of Sing A Song-Be Happy. They do not change the legal burden of proof.
- Final provisions, miscellaneous
8.1 There are no verbal or written ancillary agreements.
8.2 If individual provisions of these GTC or the concluded contract are or become invalid in whole or in part, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the statutory provision.
8.3 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.4 The agreed place of jurisdiction for all disputes arising from the contractual relationship between the user and Sing A Song-Be Happy is the registered office of Sing A Song-Be Happy, provided the user is a merchant, a legal entity under public law or a special fund under public law. Notwithstanding this, Sing A Song-Be Happy remains entitled to sue the user at his legal place of jurisdiction.
8.5 In the event of complaints about Sing A Song-Be Happy, the User may at any time contact the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/
8.6 Sing A Song-Be Happy is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
If you are a consumer, you have a right of withdrawal as follows:
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The right of withdrawal is 14 days from the day of the conclusion of the contract.
In order to exercise your right of cancellation, you must inform us (Sing A Song-Be Happy, Anklamer Str. 38, 10115 Berlin, e-mail firstname.lastname@example.org) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You can use the attached model cancellation form (see below), which 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 end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees in this repayment.
Your right of cancellation shall expire prematurely in the case of a contract for the supply of digital content located on a physical data carrier if you have expressly consented to us commencing performance of the contract before the expiry of the cancellation period and you have confirmed your knowledge that by consenting you lose your right of cancellation upon commencement of performance of the contract.
In the case of a contract for the provision of services, the following applies: If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
Sing A Song-Be Happy, Anklamer Str. 38, 10115 Berlin, email email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / services (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
(*) delete as applicable