GTC — General Terms and Conditions

GTC
Date of publication 03/16/2022

 

 

1. Scope
These Terms and Conditions apply to all orders placed by customers via the online shop via www.clapyourhands.ch of Clap Your Hands GmbH. Clap Your Hands GmbH, Guetrütiweg 20, 6010 Kriens, Switzerland, e-mail: contact@clapyourhands.ch

 

Only the General Terms and Conditions listed below in the version valid at the time of order are applicable to the order. Our products and services can be delivered worldwide. Please thoroughly read through and agree to these conditions by clicking on the box "I have read the Terms and Conditions of CLAP YOUR HANDS GmbH and hereby accept them" before submitting a completed order form, upon which the order becomes legally binding. CLAP YOUR HANDS GmbH reserves the right to change the Terms and Conditions at any time. Upon submission of an order, however, the Terms and Conditions can no longer be changed unilaterally.


2. Products and Orders
Our products and services are offered to natural persons (consumers) or legal trade or business entities. Products presented here on the Internet serve as an orientation for customers regarding the selection of goods and are valid as long as visible in the online store and / or stocks last. Adjustments to prices and products can be made at any time. The images shown in advertisements, brochures, and the online store etc., as well as all product details are for representational purposes only and are not binding.

Orders submitted on the Internet, by e-mail or telephone are binding sales contracts. Thus, CLAP YOUR HANDS GmbH has first accepted the order when confirming by e-mail that the order is binding for CLAP YOUR HANDS GmbH. When orders are placed in the online shop, we will send an automatically generated order receipt by email confirming your order. This confirmation has an informal character and does not guarantee that the ordered goods are in stock at the time of the order. CLAP YOUR HANDS GmbH can only accept orders for available goods. If the goods ordered are no longer available, CLAP YOUR HANDS GmbH will cancel the order and refund the purchase amount to the customer. If the goods are no longer available from the supplier, CLAP YOUR HANDS GmbH has the right not to execute orders and to refund the customer any money already paid.
 

3. Availability and Delivery
CLAP YOUR HANDS GmbH attaches great importance to indicating availability and delivery times in the online store in an up-to date and accurate manner. Due to production or delivery bottlenecks, however, it can come to delays in delivery. All information on availability and delivery times is therefore without guarantee and subject to change at any time. If the product is in stock the delivery will be made as quickly as possible. Depending on the destination of the delivery this can take up to 3 weeks.


4. Prices
Prices are in Swiss Francs, including Switzerland 7.7 % value added tax. The price in the online store at the time of the order is binding. Any additional service charges, such as delivery, are listed separately in the shopping cart and on the invoice.


5. Delivery and Shipping Charges
Delivery is made to the address provided by the buyer. Packaging and shipping costs are charged separately. Depend on the ordered product packaging and shipment is handled by CLAP YOUR HANDS GmbH or partners in Switzerland, or Germany.
Delivery times listed are without guarantee. We will make every effort to deliver the ordered goods as quickly as possible.

If the customer is not on site at the time of delivery, the delivery must be picked up at the appropriate post office or address of the carrier. The customer assumes responsibility for delivered products, even if they are not received personally. The presence of the customer is recommended for the delivery of all products.


The following system requirements apply to the digital download of product data:

 

sufficient storage space

Archive program, download unzip program


–  (en.wikipedia.org/wiki/packing program)


– Current Windows OS, version 7 or later (-> Zip is integrated), and/or archiving software: "7-Zip", "WinRar", "WinZIP


– a current version of MacOS (-> Zip is integrated), and/or archiving software: "The Unarchiver", "unzip" or "GZIP


–  "File Roller", "PeaZip", "Ark", "Xarchiver", "p7zip” or similar

iOS: "iZip", "WinZip" or similar


–  (www.howtogeek.com/212703/how-to-open-zip-files-on-aniphone-or-ipad/)


– "ES File Explorer", "WinZip", "RAR for Android", "ZArchiver, or similar

MP3 and/or wav capable player

PDF Reader


– Liability claims against CLAP YOUR HANDS GmbH due to material or immaterial damages, which have arisen from the access or use or non-use of the published information, through misuse of the connection or through technical faults, are excluded.


6. Payments
Payments must be made in Swiss Francs. The current prices published on the website apply to all services and products. All prices are in Swiss Francs and include applicable Switzerland 8 % Value Added Tax. Please note that when orders are shipped to non-EU countries CLAP YOUR HANDS GmbH is not liable for charges or any other fees and expenses charged by the tax and customs authorities in the recipient country or otherwise caused by the product ordered being sent to the recipient country, and the customers are therefore liable for payment thereof.
Please be advised that the charging of such expenses may result in delay in delivery.
A right to set-off is excluded and applies only if CLAP YOUR HANDS GmbH agrees to a possible set-off or if the customer can assert legally binding counterclaims against CLAP YOUR HANDS GmbH.
Any discounts given in the form of discount codes or the like cannot be combined with other offers or discounts and will not apply on already discounted products or products at special promotion prices. Only one discount code or similar code may be used per order. In addition, discounts are subject to the conditions and restrictions appearing from the marketing of the relevant discount, including vouchers, etc.
We accept only Visa Mastercard, or debit card payments and PayPal. The card issuer may add service charges to the payment. Any such service charges will be added to the total price. Goods are shipped as soon as payment is received.


7. Obligation to Inspect Goods
The customer must immediately check delivered or collected products for correctness, completeness and delivery damages. In the case of forwarding deliveries, any delivery damage must be noted on the delivery bill. Delivery damages, wrong and incomplete deliveries must be reported for all products and services to CLAP YOUR HANDS GmbH within reasonable time and no later than 14 days from the date of delivery.


8. Cancellations and Returns
Right of withdrawal
We request customers to check the ordered goods immediately upon receipt.
Please note that a purchase of a digital product for download cannot be cancelled when the customer has started to download the product by clicking on the link whereby download is started. By placing an order to purchase a digital product the customer acknowledges and agrees to this.
A customer un-satisfied with the delivery can return the delivered products to CLAP YOUR HANDS GmbH:

 

  • within 14 days of receipt and with prior notice to email: contact@clapyourhands.ch

  • in the original packaging;

  • with no signs of use;

  • to the postal address CLAP YOUR HANDS GmbH, Guetrütiweg 20, 6010 Kriens, Switzerland

  • The customer is responsible for the proper packaging of the returned goods and bears the costs for the return shipment. We do not receive packages sent per COD (Cash On Delivery) and the shipment must be distributed to CLAP YOUR HANDS GmbH. Further the customer is liable for any damage occurring during carriage.


Please note that it is not possible to exercise the right of withdrawal by simply refusing receipt of the product or by failing to collect the product from the carrier.
A returned product must be returned in a good and undamaged condition. If a returned product is damaged or shows signs of use, other than what is required to establish the nature, characteristics and functioning of the product, the customer will be liable for any loss of value of such product. We will estimate any value by way of a specific assessment of the product returned.
Payment for the product will be reimbursed as soon as possible and, in all circumstances, no later than two weeks after our receipt of the customer’s communication of the decision to withdraw from the contract. However, CLAP YOUR HANDS GmbH reserves the right to withhold such reimbursement until we have received the product for inspection or until the customer has supplied evidence of having returned the product, whichever is the earliest.

If the customer decides to withdraw from the contract in accordance with these terms and conditions, CLAP YOUR HANDS GmbH will reimburse the purchase price only. Unless otherwise expressly stated, CLAP YOUR HANDS GmbH will carry out the reimbursement by using the same means of payment as the one used by the customer to perform the initial transaction.

 

9. Damaged or Incorrectly Delivered Goods
We personally check all goods before shipping. If, however, the goods are found to be faulty - for example, a non-obvious production error - the goods can be returned. This also applies to incorrect deliveries for which CLAP YOUR HANDS GmbH is responsible. In both cases, we ask you to inform CLAP YOUR HANDS GmbH Guetrütiweg 20, 6010 Kriens in advance by email about the return via contact@clapyourhands.ch.
In case of a complaint or an order not delivered, please contact Customer Service via email to: contact@clapyourhands.com. In order for us to identify the product, we request that you state the order number when communicating. Failure to state the order number may cause errors or delays.


10. Disclaimer of Liability
CLAP YOUR HANDS GmbH does not assume any liability with regard to the correctness, accuracy, currentness, reliability and completeness of the information on the website. Liability claims against CLAP YOUR HANDS GmbH for material or immaterial damages resulting from access to, use or non-use of the published information, misuse of the connection, or from technical faults are excluded. All offers are non-binding. The authors expressly reserve the right to change, supplement or delete parts of the pages or the entire offer without special notice or to discontinue publication temporarily or permanently.
If products are delivered with obvious damage to the packaging or content, the customer must immediately report it to the delivery agent and refuse acceptance, without prejudice to their rights to claim for defects. The customer is obliged to receive a damage confirmation report from the delivery agent. All transport damages must additionally be reported immediately to CLAP YOUR HANDS GmbH Guetrütiweg 20, 6010 Kriens by email via contact@clapyourhands.ch.

Irrespective of whether any errors or defects are ascertained upon receipt or at a later date, all product is subject to the Swiss LAW giving you 24 months to complain about a product. However, if the errors or defects are due to your negligence, abuse or other incorrect use, your right to complain will lapse.
Additionally, it is incumbent on the customer to check the ordered products immediately upon receipt and to store them correctly. If the customer is not satisfied with the delivered product, it can be replaced by a new product after the goods have been returned to CLAP YOUR HANDS GmbH. The customer is responsible for the shipping costs of returned goods, unless we have delivered the product to you by a mistake or if the product was damaged or defective upon receipt. If a replacement product is not in stock, the purchase price can be refunded.


11. Severability Clause
Should an individual provision of this contract be or become ineffective in whole or in part or lose their effectiveness at a later date, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the parties by a valid provision which corresponds as closely as possible to the economic purpose of the invalid provision. The same applies to any contractual loopholes.


12. Applicable Law and Jurisdiction
Switzerland law applies exclusively.

Exclusive jurisdiction is the court of Luzern, Switzerland.


13. Data Security
We are committed to protecting your privacy and do not pass on any data to any unauthorised third parties. Credit card information is transmitted via a secure HTTPS connection.


14. Validity
CLAP YOUR HANDS GmbH maintains internet services (www.clapyourhands.ch), which enable natural persons (consumers) and companies to use services and/or trade in goods and services. Contractual partners (users) must be fully contractually competent natural persons or legal entities. With the use of the internet services of www.clapyourhands.ch, visitors, users, contractual partners (hereafter referred to as "users") declare their agreement to the terms of use formulated here.

Users already declare their agreement through the confirmation that they have taken note of and agree to the General Terms and Conditions / Terms of Use of a website. A partial use of a website is deemed to exist as soon as it is accessed in a stationary or mobile Internet browser. Contractual amendments concerning the use of special services, for which a registration at clapyourhands.ch is required, become legally effective as soon as the user has successfully registered at clapyourhands.ch. A successful registration is concluded with the formulation of a corresponding confirmation on the website of www.clapyourhands.ch or by e-mail.
If users do not agree to the Terms and Conditions / Terms of Use, they may not use any features of the website. If users disagree to only specific parts of these terms of use, but still use services/features of the website, they release the authors/responsible persons/subcontractors from any legal responsibility in terms of the current legal regulations.

Modified conditions on the part of the user, which are in conflict with these Terms and Conditions / Terms of Use, will not be accepted, unless clapyourhands.ch agrees to them in writing.

www.clapyourhands.ch have the right to assign third parties to provide parts or the whole range of services. In this case, the terms of use set forth herein shall also apply.
www.clapyourhands.ch reserve the right to modify these Terms and Conditions / Terms of Use at any time. Users will be informed in a timely fashion regarding any changes to contractual relationships by e-mail.
The contractual partners are granted the right to cancel the contract for a period of 6 weeks after notification of the modified Terms and Conditions / Terms of Use. After expiry of this period, the contractual relationship shall continue to exist on the basis of the new Terms and Conditions / Terms of Use.


15. Data Protection
CLAP YOUR HANDS GmbH observes all data protection regulations required by law. To comply with these provisions, the collection and use of data is carried as described below.

 

Users agree to the following regulations regarding the use of their personal information when they register with


www.clapyourhands.ch

  • To avoid misuse and to prevent fraud, www.clapyourhands.ch is entitled to store IP addresses of users of its internet services.

  • The data entered during a registration at www.clapyourhands.ch will be treated confidentially and will never be given to unauthorized third parties.

  • www.clapyourhands.ch does not assume any responsibility or liability for the currentness, correctness, completeness or quality of the information provided nor for the possible misuse of information.

  • All liability for possible economic or immaterial damages which result from, or could result from, the use or non-use of www.clapyourhands.ch internet services is explicitly excluded.

  • All offers are non-binding and without obligation.

  • www.clapyourhands.ch makes every effort to ensure that the service is available at all times, but cannot guarantee the uninterrupted availability of the service.

  • Liability for technically caused transmission delays or failures is excluded.

  • CLAP YOUR HANDS is not liable for the unauthorized acquisition of personal user data by third parties (e.g. through unauthorized access by third parties).

  • CLAP YOUR HANDS GmbH is not obliged to check the content, information, image files, text content or similar of users, but reserves the right to check, change or delete content, e.g. in the case of incorrect information.

  • Should CLAP YOUR HANDS GmbH become aware of a link to a website with illegal content, www.clapyourhands.ch will do everything reasonable to remove the link.
    – As a precautionary measure www.clapyourhands.ch dissociates itself from the contents of linked websites. This applies to all links and references within the www.clapyourhands.ch internet offer as well as for external entries, contents of discussion forums, blogs, mailing lists, etc.

 

CLAP YOUR HANDS GmbH endeavours to protect the copyright of third parties in all internet services and claims all copyrights for any self-created content of its internet pages.
– Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without CLAP YOUR HANDS GmbH s written agreement.

 

 

16. Third-Party applications, devices and open source software

Clap Your Hands GmbH may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Clap Your Hands GmbH does not guarantee that Third-Party Applications and Devices will be compatible with Clap Your Hands GmbH Services.

Service limitations and modifications

We use reasonable efforts to keep the Clap Your Hands GmbH service operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:

  • The Clap Your Hands GmbH Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

  • We aim to evolve and improve the Clap Your Hands GmbH Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Clap Your Hands GmbH Service (including particular functions, features, subscription plans, and promotional offerings);

  • Clap Your Hands GmbH has no obligation to provide any specific content through the Clap Your Hands GmbH Service, and Clap Your Hands GmbH or the applicable owners may remove particular songs, videos, podcasts, and other content without notice.

Clap Your Hands GmbH  has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

Clap Your Hands GmbH assumes liability for a loss of data of the user or damage to hardware or software of the user only in the case of intent or gross negligence or breach of cardinal obligations. The liability is limited to that damage which is reasonably foreseeable in the event of private use by the user in accordance with the contract.

Prerequisite for the proper use of the services offered by Clap Your Hands GmbH is that you have access to electronic media that meets the current technical standard. Please inform yourself before concluding the contract whether the hardware and software you are using allows the use of the services provided here. In addition, you can use demo versions 14 days to test whether your hardware and software enables you to use the offers.

17. Access to the Clap Your Hands GmbH Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Clap Your Hands GmbH Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Clap Your Hands GmbH. You agree that you will not redistribute or transfer the Clap Your Hands GmbH Service or the content.

The Clap Your Hands GmbH content is licensed, not sold or transferred to you, and Clap Your Hands GmbH and its licensors retain ownership of all copies of the Clap Your Hands GmbH software applications and content even after installation on your Devices.

 

18. Clap Your Hands GmbH Proprietary Rights

The Clap Your Hands GmbH Service and the content are the property of Clap Your Hands GmbH or Clap Your Hands GmbH’s licensors. All Clap Your Hands GmbH trademarks, service marks, trade names, logos, domain names, and any other features of the Clap Your Hands GmbH brand ("Clap Your Hands Brand Features") are the sole property of Clap Your Hands GmbH or its licensors. These Terms do not grant you any rights to use any Clap Your Hands GmbH Brand Features whether for commercial or non-commercial use.

You agree to abide by the Clap Your Hands User Guidelines and not to use the Clap Your Hands Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.

19. Payments and cancellation

Billing

You may purchase a Paid Subscription directly from Clap Your Hands GmbH by paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

20. Price and tax changes

Clap Your Hands GmbH may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Clap Your Hands GmbH Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

21. Renewal and Cancellation

Your payment to Clap Your Hands GmbH which you purchased with the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

 

22. User guidelines

We've established guidelines for using the Clap Your Hands GmbH Service, to make sure the Clap Your Hands GmbH Service stays enjoyable for everyone ("Clap Your Hands GmbH User Guidelines"). In using the Clap Your Hands GmbH Service, you must comply with the Clap Your Hands GmbH’s User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

Hello! Welcome to the Clap Your Hands GmbH User Guidelines ("User Guidelines") which apply when using Clap Your Hands GmbH websites, applications and services that reference these User Guidelines (the "Services") including accessing any type of material or content made available through those Services ("Content"). These User Guidelines are designed to ensure the Services stay enjoyable for everyone.

We may update these User Guidelines from time to time -- you can find the latest version on our website.

Violating these User Guidelines may result in removal of any content or material you've contributed to the Services and/or termination or suspension of your account. We try to make the Services broadly available to everyone, but you cannot use our Services if we've previously terminated your account on any of our Services. We also prohibit attempts to circumvent prior enforcement actions, including through the creation of new accounts.

The following is not permitted for any reason whatsoever in relation to the Services and the material or content made available through the Services, or any part thereof:

  1. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, except where such restriction is expressly prohibited by applicable law. If applicable law allows you to decompile any part of the Services or Content where required in order to obtain the information necessary to create an independent program that can be operated with the Services or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Clap Your Hands GmbH’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Services or the Content;

  2. copying, reproducing, redistributing, "ripping," recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes intellectual property rights;

  3. importing or copying any local files that you do not have the legal right to import or copy in this way;

  4. transferring copies of cached Content from an authorized Device to any other Device via any means;

  5. "crawling" or "scraping", whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information;

  6. selling, renting, sublicensing, leasing or other monetization except as expressly permitted under the Agreements;

  7. selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or

  8. artificially increasing play counts or follow counts, artificially promoting Content, or other manipulation including by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;

  9. circumventing any technology used by Clap Your Hands GmbH, its licensors, or any third party, including any territorial or other content access restrictions applied by Clap Your Hands or its licensors;

  10. circumventing or blocking advertisements or creating or distributing tools designed to block advertisements;

  11. removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);

  12. deleting or altering any part of the Services or Content except as expressly permitted under the Agreements or, in the case of Content made available by another user, with such user's express consent; or

  13. providing your password to any other person or using any other person's username and password.

    Please respect Clap Your Hands GmbH, the owners of the material and content on the Services, and other users of the Services. Don't engage in any activity, post any User Content, or register or use a username, which is or includes material that:

  14. is offensive, abusive, defamatory, pornographic, threatening, or obscene, or advocates or incites violence;

  15. is intended to or does harass or bully other users;

  16. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of Clap Your Hands GmbH or a third party, or would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive recording agreement or publishing agreement;

  17. includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;

  18. exposes confidential or proprietary information of a third party or personal information about yourself that is not intended to be broadcast to people around the world;

  19. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Clap Your Hands GmbH Service;

  20. impersonates or misrepresents your affiliation with Clap Your Hands (including, for instance, by using Clap Your Hands GmbH’s copyrighted content, using the Clap Your Hands GmbH logo without permission, or otherwise using Clap Your Hands GmbH trademarks in a confusing manner), another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

  21. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;

  22. unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking, or pyramid schemes;

  23. unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by Clap Your Hands GmbH;

  24. interferes with or in any way disrupts the Clap Your Hands GmbH Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Clap Your Hands GmbH’s Service or Clap Your Hands GmbH’s computer systems, network, usage rules, or any of Clap Your Hands GmbH’s security components, authentication measures or any other protection measures applicable to the Clap Your Hands Service, the Content or any part thereof;

  25. conflicts with the Clap Your Hands GmbH Terms and Conditions of Use or any other terms or policies applicable to your use of any of the Services; or

  26. has been removed from any of our services for a breach of our terms or policies, such as a prohibited track, episode or show. This includes content being created or repurposed to reconstitute or serve the same objective as previously removed Content.