Terms and Conditions
The following terms and conditions apply to our publications and site users of Deaf Sparrow.
Area of Jurisdiction, Definitions of Terms
1. The following General Terms and Conditions apply to all business and publication dealings between you and Deaf Sparrow, which are initiated and concluded via our site, including our online store. That version of our General Terms and Conditions which is valid at the time of ordering shall be decisive. Any deviating conditions of the user will not be recognized unless Deaf Sparrow has explicitly agreed to their validity in writing.
2. The goods and services offered by Deaf Sparrow are aimed at users as long as they are the end user. Within the meaning of these terms and conditions, (i) a “user” means every natural person who enters into the legal contract for purposes that are predominantly outside his trade or (ii) a natural or legal person or a partnership with legal personality who or which, when entering into the legal contract, acts in exercise of his or its trade, business or profession.
§ 2 Completion of Purchase Agreement
1. The goods and services offered on our website do not represent the conclusion of an agreement, but are solely an invitation to place an order.
2. By placing an order, you submit to us an offer to complete a purchase or service agreement. Should goods be supplied, then an agreement materializes at the time of dispatching the ordered goods to you. Confirmation of the receipt of your order does not constitute acceptance of your offer. It merely serves to inform you that your order has been received.
3. The text of the agreement will be stored by Deaf Sparrow. The language of the agreement is English.
§ 3 Consumer’s Right of Cancellation, Exclusion of the Right of Cancellation
1. As consumer, you are entitled to right of cancellation, provided the purchase is not for a limited-run item. These items are made in small numbers based on preorders, meaning your specific purchase is only one of a set number. Regular purchases can be cancelled after receipt. The prerequisites of this right of cancellation and the legal effects thereof are set out in the following Instructions for Cancellation.
|Instructions for Cancellation & Right of Cancellation:
You are entitled to cancel this agreement within fourteen days without providing a reason for doing so.
The period of entitlement lasts 14 days from the day on which you or a third party nominated by you and who is not the carrier takes possession of the last item of the goods or alternatively has taken it into their possession.
To exercise your right of cancellation, you must inform (Deaf Sparrow, email: firstname.lastname@example.org, or our Facebook page by private message) by means of a clear declaration concerning your decision to cancel this agreement.
To meet the cancellation deadline it is sufficient to send the communication concerning your exercise of the right of cancellation before the cancellation period has expired and you will be refunded within 14 days upon return of the goods. Please note, as stated above, this DOES NOT apply to special preorders.
The same method of payment will be used for the reimbursement as was used for the original transaction unless a different method is expressly agreed upon but in no case will fees be charged for such reimbursement.
The goods are to be returned or handed over to us immediately, at the latest within fourteen days from the date on which we receive your cancellation. The deadline is considered to have been met when the goods are dispatched prior to expiration of the fourteen day period, which is proven by the postmark.
The direct costs of returning the goods will be borne by you.
You will only be liable for any diminished value of the goods when such loss of value cannot be ascribed to the handling necessary for examining the condition, quality and manner of functioning of the goods, so please make sure to return items in the same condition you received them. Unsealed, unused!
§ 4 Prices, Terms of Payment, Reservation of Ownership
1. Unless otherwise agreed upon, those prices are valid that are contained on our store at the time of finalizing the agreement.
2. Payments are always made in advance by credit card or Paypal through our store. Paypal does NOT require an account to use it through us and can take debit or credit cards. Users with an account can also use direct debit through Paypal, but on our end the result is the same.
3. This applies to both new and return customers, we do not provide direct debit.
§ 5 Delivery Costs, Terms of Delivery and Performance of Services
1. Delivery costs can vary depending on the method of delivery and the character of the order. Shipping is calculated based on a flat fee for domestic (US and territories) or international.
2. We supply the goods in accordance with the agreement made with you. Delivery times can vary depending on where you live, and this is primarily due to the speed of your home country’s postal service as we ship via USPS.
3. Unless otherwise agreed upon, deliveries are made worldwide.
§ 6 Warranty
1. In case of defect we fulfill our warranty by means of subsequent fulfillment. Subsequent fulfillment is carried out by us at our discretion in the form of repair or replacement.
2. Inasmuch as we are not in a position to or are not prepared to perform subsequent fulfillment, then you have the right to choose between cancelling the order or reducing the purchase price.
3. Claims for defects lapse within thirty days from delivery of goods. This also applies to claims for damages and reimbursement of expenses caused by defects except in cases of deliberate or grossly negligent breach of duties, infringement of guarantees and/or injury to life, body or health.
4. Preorders are NEVER shipped with potential defects due to how these productions are run.
§ 7 Liability, Damages and Reimbursement of Expenses
1. We are not liable for damages for injury to life, body and/or health as well as for damages due to deliberate or gross negligence on the part of the end user.
2. We are liable for damages arising from a breach of a written guarantee, that being the customer’s financial interest covered by the guarantee.
3. We are not liable for cases of liability that involve any negligence on the part of the musician or writer who is producing for us. Deaf Sparrow takes as much time as possible in checking products and publications for breaches of copyright law, but this is ultimately up to the creator, as Deaf Sparrow functions primarily as a non-profit entity, with all earnings going directly into production or back to the creator of the article in question. Please contact us directly with any concerns.
§ 8 Data Protection
1. Any personal data provided by you will be gathered, processed and stored solely according to the purchase agreement. If the user does not sign up for a permanent account, all personal information is deleted 30 days after purchasing.
2. The utilization of your personal data is necessary for completion of the contract concluded with you. Utilization extending beyond this requires your express consent. Deaf Sparrow will NEVER share or sell your information and all information, other than permanent user accounts, is deleted 30 days after purchasing.
§ 9 Identity of the Supplier, Contact
1. The web shop operator is
PO Box 5721
Charlottesville, VA 22905
Managing Director authorized to represent the company: Stanley Stepanic2. Complaints can be made to the above-mentioned addresses.
§ 10 Writer Contracts
1. All writers working for Deaf Sparrow subject their work to the ownership of the company and site with the following conditions:
- a. Music reviews or interviews are considered permanent additions to the site and CANNOT be utilized in any other form of publication without consent of the site owner (see 9 above for contact).
- b. Articles and works of fiction that appear on the site are considered to be owned by Deaf Sparrow for a period of NO MORE than 30 days upon publication.
- c. Works that fit under (b), after falling out of the 30 days period, are considered the work of the creator again, and can be distributed, republished, or placed onto another website as the creator sees fit, with the stipulation that the original work on Deaf Sparrow will remain as long as the site remains active.
- d. Works may be considered for hardcopy publication in the form of a book or magazine in the future. If the 30 days have passed for works covered in (b), the creator is agreeing that the work may again be published.
- e. Deaf Sparrow is a not-for-profit publishing entity, achieving its earnings for production from other means. Any republishing of material in hardcopy form outside of the website or another entities on the Internet (such as Facebook), is permitted by the creator upon entering into this agreement with Deaf Sparrow. No earnings are received from magazine publications. All profits are fed directly into production.
- f. In the case of book-form publications of written works from creators working for Deaf Sparrow, any costs over production value are forfeited entirely to the creator, NOT Deaf Sparrow.
2. Writers are NOT contractually obligated to Deaf Sparrow for further publications. Publications are published and paid for on an as-needed and as-requested basis. No creators, including written work or music, are considered permanently contracted by Deaf Sparrow and are considered free agents.
§ 10 Final Regulations
1. US law shall apply to the exclusion of the rights in accordance with the UN Convention on Contracts for the International Sale of Goods.
2. If the party placing the order is a merchant, then the place of performance shall be Charlottesville, Virginia, United States.
3. If the party placing the order is a merchant, then the sole place of jurisdiction for any disagreements is the headquarters of Deaf Sparrow. However, we are also entitled to file a claim against the party placing the order at his/her place of jurisdiction.
4. Should any individual regulations of these General Terms and Conditions be or become ineffective then the effectiveness of the remaining contracting conditions shall not be affected.