GTC — General Terms and Conditions

GTC
Date of publication 06/13/2022

 

1. Introduction

Clap Your Hands GmbH ("CYH") operates the website www.clapyourhands.ch (the "website"). CYH sells physical products ("products"), e.g. CDs and merchandise, on the website's online shop. In addition, CYH offers internet services ("services"), e.g. streaming services and other online-related services, on the website.

All purchases, orders, and uses of products or services on the website are subject to the General Terms and Conditions ("GTC") set out on this page.

CYH offers their products and services to consumers, and business entities ("customers").

Customers will be subject to the GTC in force at the time of their order. CYH reserves the right to make changes to any part of the GTC at any time. The changes do not apply to orders already completed at the time changes come into force.

Please read this GTC carefully before order or purchase CYH products or using CYH services. By making an order on the website, purchasing CYH products, or using CYH services you agree to this GTC and to be bound by them.


2. Orders

The products and services illustrated on the website are valid as visible and while stock last. The price of services and products, and services and products itself can be changed at any time. Visual illustrations as well as the description in words of a product or service in advertisements, brochures, the website, and that kind, are not binding.

 

Orders by any means (in particular on the website, by email, telephone) are binding for the customer. Upon receipt of the order, CYH will confirm the receipt of the order by email. This confirmation is for information purposes only and does not confirm that CYH will deliver the ordered product or service. If the ordered product or service is no longer available, CYH has the right to cancel the order. In that case CYH will refund the purchase price already paid by the customer. Unless otherwise expressly stated, CYH will carry out the refund by using the same means of payment as the one used by the customer for the initial transaction.

3. Availability and Delivery
Delays in delivery may occur for various reasons, in particular due to production and delivery bottlenecks. All information about the availability or delivery date of a product is without any guarantee and subject to change at any time. The delivery time depends on the place of delivery and can take up to 3 weeks for more distant places.


4. Prices
All prices are in Swiss Francs. All prices are inclusive of legally applicable value added tax (VAT). The price on the website at the time of submitting the order is binding. Any additional costs, in particular delivery fees, are listed separately in the shopping cart and on the invoice.


5. Delivery and Shipping Charges

Delivery will be made to the delivery address indicated by the customer. Packaging and shipping costs are charged separately. Depending on the product ordered, packaging and shipping will be carried out by CYH or a partner in Switzerland or Germany.  Information about delivery given are approximate values and are without guarantee and not binding.  If the product cannot be delivered to the customer personally, the customer has to collect from the specified location, e.g. post office. The customer assumes responsibility for delivered products, even if they are not received personally.


6. Payments
Payments must be made exclusively in Swiss Francs. When ordering products outside of Switzerland, customers may be subject to taxes and import duties. All these additional charges and costs must be borne by the customer. CYH is not liable for charges, any fees, or expenses charged by tax and customs authorities of the country of destination.

Please be advised charging of such expenses may result in delay in delivery.

A right to set-off is excluded. CYH is free to agree to a set-off, for example if the customer can raise legally binding counterclaims against CYH.

Any form of discounts given, such as discount codes, cannot be combined with other offers or discounts and cannot be applied to already discounted products or products at special promotion. Only one discount can be used per order.

As payment of the purchase price, CYH accepts only payments by credit card, debit card, or PayPal. Fees may apply for the payment,e.g. fees charged by the card issuer. Any such fees must be borne by the customer solely. Goods are – subject to availability – shipped as soon as payment is received. The products will only be shipped after the full purchase price has been received by CYH. Until payment has been fully made, every product remains property of CYH.

7. Paid Subscription

Some services of CYH are paid subscription. Customers may purchase a paid subscription directly from CYH by paying the subscription fee plus applicable taxed in advance on a monthly basis, or as specified at the service in question.

CYH may make changes to the paid subscription, such as change subscription fee, change pre-paid period, or change codes. CYH will notify customers of any changes to the fee in advance. Changes to the fee will take effect at the start of the subscription period following the communication of the changes to the fee. By continuing to use CYH services, customers agreed the changed fees. Customers can unsubscribe up to the end of the subscription period.

Tax rates are based on the rates applicable at the time of your monthly charge. Taxes are subject to changes. Any changes in tax will be applied on the account information customers provided.

The paid subscription is automatically renewed if the customer does not unsubscribe the paid subscription before the end of the subscription period. The customer can only unsubscribe with effect from the end of a subscription period. Unsubscribing is from the day of the new subscription period. CYH does not provide any refunds or credits for any partial subscription, except as expressly stated.

In addition, section 6 Payments shall apply to the payment of the paid subscription.


8. Obligation to inspect Products and Services
Customers 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, or incomplete deliveries must be reported for all products and services to CYH within reasonable time and no later than 14 days from the date of delivery.


9. Cancellations and Returns
Right of withdrawal

A customer unsatisfied with the delivery can return the delivered products to CYH:

  • within 14 days of receipt and with prior notice by email at 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. CYH does not accept packages sent per COD (Cash On Delivery) and the shipment must be distributed to the postal address of CYH. The customer is liable for any damage occurring during carriage.

Please note that it is not possible to exercise the right of cancellation 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. CYH will estimate any value by way of a specific assessment of the product returned.

If the conditions for cancellation set out above are met, CYH will reimburse the payment, solely in the amount of the purchase price paid, without undue delay, and, in all circumstances, by no later than 14 days from the day on which CYH received the customer’s notice to cancel the order. CYH 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.

Unless otherwise expressly stated, CYH will carry out the reimbursement by using the same means of payment as the one used by the customer for the initial transaction.

Exceptions to the Right of Cancellation

The right to cancellation does not exist regarding a purchase of a digital product, if CYH has fully performed its service (e.g. downloading of a certain product). The purchase of a digital product in form of a download cannot be cancelled once the customer has started to download the product by clicking the download link. By placing an order to purchase a digital product the customer acknowledges and agrees that they cannot cancel it and CYH can start delivering its digital product.

 

10. Damaged or Incorrectly Delivered Goods

If the shipped products are faulty, the customer can return the faulty product. This also applies to incorrect deliveries for which CYH is responsible. In both cases, the customer should inform CYH in advance of the return by email at contact@clapyourhands.ch.

In case of a complaint or an order not delivered, customers should contact Customer Service by email at contact@clapyourhands.com. When communicating with CYH (by any means, in particular by email), customers should state the order number. Failure to do so, may cause errors or delays.

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 delivery damages must additionally be reported immediately to CYH by email at contact@clapyourhands.ch.

Customer in Switzerland have statutory warranty rights for two years from the delivery of the product. In this period, the customer can request repair or replacement of the products if the products have defects or the products are not as described. It is the customer's obligation to check the received products immediately and to store them correctly.


11. Services

With the use of services, customers declare their agreement to this GTC. A use of services is deemed to exist as soon as it is accessed in a stationary or mobile internet browser.

Some services require a registration of the customer on the website. A successful registration will be confirmed on the website or by email.

CYH has the right to assign third parties to provide parts or whole services. This GTC shall also apply to services provided by third parties.


12 Guidelines
The use of services is subject to the guidelines. The guidelines can be changed by CYH at any time. The current guidelines are published by CYH on the website. Customers are obliged to comply with the guidelines when using CYH's services.

A breach of the guidelines may be sanctioned by CYH. A breach of the guidelines may, among other things and not exclusively, lead to exclusion of the use of CHY services. CHY expressly reserves the right to take legal actions.


13. Copyright, CYH's Rights
CYH's services and all content included or made available through services, such as trademarks, service marks, names, logos, domain names, images, audio clips, digital downloads, are property of CYH or CYH's licensors or CYH's content suppliers. This GTC does not grant the customers any rights to use any CYH's property neither for commercial nor non-commercial use.


14. Prohibited Use of Services

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 customer 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 customer obtains from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without CYH 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 CYH, its licensors, or any third party, including any territorial or other content access restrictions applied by CYH 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. passwords to any other person or using any other person's username and password.

 

Costumer shall use the products and services respectfully and practice respectful behavior towards CYH and other users of services.. Customers shall not engage in any activity, post any user content, or register or use a username, which is or includes material that:

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

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

  3. 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 CYH 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;

  4. includes customer's 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;

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

  6. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the CYH Service;

  7. 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;

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

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

  10. unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by CYH;

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

  12. conflicts with these GTC or any other terms or policies applicable to customer's use of any of the Services; or

  13. has been removed from any of our services for a breach of our GTC or any other 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.


15. Data Security

CYH is committed to protecting the customer's privacy and does not pass on any data to any unauthorised third parties. Credit card information is transmitted via a secure HTTPS connection.


16. Disclaimer of Liability

CYH does not assume any liability with regard to the correctness, accuracy, currentness, reliability and completeness of the information on the website. Liability claims against CYH 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. CYH expressly reserves 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.  CYH is liable if damage is caused by an intentional or gross negligent breach of duty by CYH or one of its legal representatives or agents. CYH is not liable for slight negligent breach of any other obligation.  To the extend the liability of CYH is excluded or limited, it also applies to CYH's employees, legal representatives, or agents.

 

17. Amendments to the GTC

CYH reserves the right to change this GTC, or any part of it, at any time. If CYH makes changes, CYH informs customers in due time by email.

 

18. Severability Clause

Should an individual provision of this GTC is deemed invalid, void, or unenforceable in whole or in part, this individual provision will be deemed severable and the validity, and enforceability of the remaining provisions shall not be affected. The invalid, void, or unenforceable provision shall be replaced by the parties by provision which corresponds as closely as possible to the economic purpose of the invalid provision. The same applies to any contractual loopholes.

 

19. Applicable Law and Jurisdiction

This GTC shall be governed by and construed in accordance with Swiss law, excluding conflict of laws provisions. Subject to any mandatory provisions the exclusive place of jurisdiction shall be Lucerne, Switzerland.

 

20. Contact Details

Clap Your Hands GmbH

Guetrütiweg 20

6010 Kriens

Switzerland

 

email: contact@clapyourhands.ch