I. Subject and scope
(1) These Terms and Conditions for Online Sales apply to all purchase orders you place on the Himalayan academy of sound healing® online store located at https://himalayanacademyofsound.com/ (hereinafter referred to as “Website”) and your subsequent agreement with Himalayan academy of sound healing by Swara Chikitsa, KHASRA NO. 1429, SWARA CHIKITSA, VILLAGE NEER, DHAMANDSHUN, TAHSIL NARENDRA NAGAR, Tehri Garhwal, Uttarakhand, 249192, India (hereinafter referred to as “Himalayan academy of sound healing”) regarding your purchase of Himalayan academy of sound healing® products, such as Musical Instruments and accessories, such as mallets, bags, and other tools which are used to play or store instruments (referred as "instruments") and online/offline courses (referred to as “digital products”).
(2) These Terms and Conditions shall apply exclusively. We do not accept any conflicting or deviating terms and conditions unless this has been agreed upon in the individual case with a legal representative of Himalayan academy of sound healing in writing. Our Terms and Conditions shall apply to deliveries even in the event that the conflicting or deviating terms have not been contradicted by Himalayan academy of sound healing.
(3) These Terms and Conditions apply equally to commercial entities and consumers.
(4) By making a Purchase with the Himalayan academy of sound healing the Customer accepts in full these Terms and Conditions. The Terms and Conditions are non-cancellable by the Customer.
II. Order process and conclusion of the purchase agreement
(1) The product presentation on our Website does not represent an offer but shall be understood as a non-binding invitation for the customer to submit an order.
(2) By clicking the “Buy now” (or "Pay" or "Buy") button, you send us a binding offer for the conclusion of a purchase agreement with Himalayan academy of sound healing regarding the Product items in your shopping cart (hereinafter referred to as “Order”).
(3) Himalayan academy of sound healing may, at its discretion, accept or reject the Order. Himalayan academy of sound healing will accept your Order by sending an order confirmation via email or simply by delivering the ordered Products to you. Unless otherwise stated, the effective date of the purchase agreement is the date on which Himalayan academy of sound healing confirms by email the acceptance of your Order. In case of purchase on advance payment, the purchase agreement is subject to the condition of and shall become binding for Himalayan academy of sound healing only upon receipt of the full payment for the purchase.
(4) If you place an Order through our Website, the ordering process comprises four steps: 1. You select the desired goods (Products). 2. You check all items in your shopping cart, apply any necessary changes, and confirm your acceptance of the conditions that shall apply to the purchase. You click the “Pay your order” (or "Pay" or "Buy now") button to proceed to payment. 3. Finally, on the “Pay your order” page, you select the preferred method of payment.
(5) We will confirm the order. For the digital products, we will provide a password for your personal student's account, for Instruments we will provide confirmation of your order.
III. Prices, delivery costs, taxes, and duties
(1) All prices quoted on our Website are in US DOLLARS including taxes.
(2) No delivery costs will be charged by the Himalayan academy of sound healing for the delivery of the ordered Products above 300$. Accept situations when additional custom taxes, duties, fees, imposts, tariffs, and charges may be raised by particular countries or authorities such as shipping companies. Special prices for delivery can be applied to shipping to the following countries: New Caledonia, Puerto Rico, and Emirates.
(3) Any additional custom taxes, duties, fees, imposts, tariffs, and charges that may be raised by particular countries or authorities related to the conclusion or execution of your Order shall be borne by you. In the event Himalayan academy of sound healing is required to pay such charges to any authority, you shall indemnify and hold harmless Himalayan academy of sound healing for any such payments.
(4) In the event of obvious errors on the Website or made in connection with your Order, the Himalayan academy of sound healing reserves the right to correct the error and charge you the correct price. In such a situation, we will contact you and offer you the option of purchasing the Products at the correct price or canceling your Order.
The Company does not accept liability for any delay in delivery, loss or damage to copy.
(5) Speed delivery is paid extra by the customer after confirmation from the Himalayan academy of sound healing
IV. Payment conditions
(1) You can select one of the payment methods available on the Website. Himalayan academy of sound healing reserves the right to exclude or include particular payment methods at any time.
(2) In case of payment by credit card or PayPal, your payment will be executed by our payment service provider PayPal using their discrete secure infrastructure. PayPal reserves the right to decline the processing of payments in cases of suspected fraud or other irregularity.
(3) You may not set off any amounts due whatsoever from the Himalayan academy of sound healing against amounts due to Himalayan academy of sound healing unless expressly allowed by mandatory Consumer protection law.
V.1 Digital goods.
(1) Himalayan academy of sound healing will send the email to the address indicated in your Order. The email contains the password for your personal account where the digital goods are available for the customer.
(2) Himalayan academy of sound healing shall deliver the Password within 24 hours upon confirmation of your successful payment of the purchase price. Time for delivery shall be prolonged by reasonable periods in case of force majeure or other events for which Himalayan academy of sound healing is not responsible, such as disruptions in operations, strikes, authority measures, or troubles with telecommunications.
(3) Digital products shall remain the property of Himalayan academy of sound healing, any violations, such as copying of the course materials and placing them available for other people are protected by copyright law.
(1) Himalayan academy of sound healing will send the email to the address indicated in your Order with the tracking number of your parcel with instruments. The tracking number will be available for the client in 2-5 working days after payment.
The time for delivery of the email with the tracking number of the parcel depends on the availability of the Instrument in the shop, the working days of the post office, and the current load of the post office. Time for delivery shall be prolonged by reasonable periods in case of force majeure or other events for which Himalayan academy of sound healing is not responsible, such as disruptions in operations, strikes, authority measures, or troubles with telecommunications.
(2) The instruments may be subject to customs and export control laws and regulations. You are obliged to comply with the regulations and obligations resulting from these export control laws. Himalayan academy of sound healing shall not be liable for any and all limitations with regard to the delivery of the Products resulting from such regulations and reserves the right to withdraw from the purchase agreement based on these grounds.
VI. Return policy
VI.1 Digital goods.
(1) After the customer gets access to the course materials and visits the student's account, the fee is not refundable. All visits of the account are registered in the system.
(1) Any damage to the instruments during the delivery must be reported to the Himalayan academy of sound within 24 hours. Himalayan academy of sound healing is not responsible for the damage caused by a third party but may provide a discount for the next purchase. Also, the Himalayan academy of sound healing will register a complaint about a delivery company to get compensation for a product.
(2) All problems with a product must be reported within 7 days after the delivery. In the case, that any of the instruments is not meeting the expectations, the Himalayan academy of sound will provide additional video information regarding the use of the particular instrument.
(3) Return of the instrument is possible only within 14 days after the delivery.
(4) If the customer decides to return the instrument, all the shipping costs for receiving the instrument and return shipping are covered by the customer. The refundable amount is the price for the instrument itself, excluding GST and other taxes which were already paid by the Himalayan academy of sound healing.
VI.3 Special conditions for the sales and discounts on the website.
(1) All purchases which are made during the sale or using any discount promo code are non-refundable.
VII. Use of personal information
(1) To get a student's account on the Website, you need to provide your email ID as a login name, and a password will be automatically generated and sent to your email. You can change your password after entering your student's account. You are responsible for providing correct information, the Himalayan academy of sound healing is responsible for keeping it confidential. To get delivery of Musical Instruments you need to provide correct address, name and phone number to avoid difficulties with delivery.
(2) By completing the contact form, you ensure and take full responsibility that the entered data truly identifies you as a natural person or as a representative of the specified organization.
(3) Himalayan academy of sound healing is not liable for any consequences that may result from incorrect, incomplete, or false information you have entered or from data you have changed subsequently to your Order.
(4) In the case of online payments, you are required to enter your payment details. Online payment information related to your Order is processed by Himalayan academy of sound healing payment service provider PayPal. Himalayan academy of sound healing does not receive detailed information (such as your credit card number) from transactions but instead receives information about whether the payment has been performed successfully or not.
(5) By placing your Order, you agree that your contact and payment information may be used to process your payment and to execute your Order.
VII. Data protection
(1) Himalayan academy of sound healing will not disclose your personal information to any third parties for marketing and advertising purposes.
Unless Himalayan academy of sound healing is proven to have defaulted intentionally or through gross negligence, claims for damages or the rescission of the contract on grounds of late delivery are excluded. Himalayan academy of sound healing total liability in any matter arising out of or related to these General Terms is limited to the price of the order.
(1) Himalayan academy of sound healing may assign, transfer or otherwise dispose of its rights and obligations under the purchase agreement with you, in whole or in part, at any time without notice to you. You may not assign the purchase agreement or transfer any rights hereunder.
(2) If any part of these General Terms is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.
(3) Himalayan academy of sound healing reserves the right to amend these Terms and Conditions after prior written notification. Changes shall apply to your existing purchase agreements only, subject to the conditions that Himalayan academy of sound healing has informed you about the intended changes in writing and that you did not object to the changes within a period of four weeks.
(5) Any and all changes and amendments to a purchase agreement concluded with Himalayan academy of sound healing shall be submitted in writing. This shall also apply to a waiver of this written form clause.