Refund policy

Scope

These terms govern booking cancellations, rescheduling, consumers’ statutory right of withdrawal and refunds for Shake Party services, physical goods and digital content.

The statutory right of withdrawal is separate from the voluntary cancellation of a booking. These terms do not restrict statutory rights relating to defective goods, incorrect delivery, failure to provide a service or any other breach of contract.

Event services booked for a specific date

As a rule, there is no statutory 14-day right of withdrawal for leisure services booked for a specific date or period, including children’s entertainment, mascot appearances, shows, workshops and other event programmes, pursuant to Section 312g(2)(9) BGB.

Instead, Shake Party provides the following voluntary cancellation terms.

Cancellation by the customer

The relevant time is when Shake Party receives an unequivocal cancellation notice:

  • more than 14 calendar days before the agreed start of the event: no charge;
  • 14 calendar days or less, but more than 48 hours before the agreed start: 25% of the agreed price of the event service;
  • 48 hours or less before the agreed start, or in the event of a no-show: 50% of the agreed price of the event service.

Separately stated travel costs are excluded from the calculation. Expenses saved and any income actually received by rebooking the released date will be taken into account.

Any advance payment already made will be credited against the cancellation charge. If the advance payment exceeds the charge, the difference will be refunded. If it is lower, the corresponding difference remains payable.

The customer may prove that Shake Party incurred no loss or that the actual loss was substantially lower than the stated charge. These charges are not contractual penalties. Statutory rights of withdrawal, termination and cancellation remain unaffected.

Rescheduling

A request submitted no later than 14 calendar days before the event may be rescheduled without an additional fee, subject to the availability of a suitable new date. The advance payment will be transferred to the new booking.

The original booking remains valid until Shake Party confirms the new date in writing. If no new date can be agreed and the customer cancels, the cancellation terms are calculated using the original event date.

Cancellation by Shake Party

If Shake Party cannot provide the agreed service, an equivalent replacement or a different date may be offered. Any replacement requires the customer’s agreement. If no replacement is agreed, all payments received for the service not provided will be refunded. The customer’s remaining statutory rights are unaffected.

Individually made physical goods

Under Section 312g(2)(1) BGB, the statutory right of withdrawal does not apply to goods that are not prefabricated and are made on the basis of an individual choice or decision by the customer, or that are clearly personalised to the customer’s needs.

This may include individually made balloon arrangements bearing a name, personal inscription or another configuration that is decisive for production. The exception applies only where the statutory requirements are actually met for the particular order. Delivery of goods on a selected date does not by itself exclude the right of withdrawal.

Withdrawal instructions for returnable physical goods

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you other than the carrier, take possession of the goods. If several goods from one order are delivered separately, the period begins when the last item is received.

To exercise your right of withdrawal, you must inform us of your decision by an unequivocal statement:

Shake Party
Owner: Alona Yanchenko
Holunderweg 9
65510 Idstein
Germany
Telephone: +49 178 3111805
Email: shakeparty.de@gmail.com

You may send your statement, for example, by post or email. You may also use the electronic “Withdraw from contract” function available in the footer of every page of our online store. If you use this function, we will send you an acknowledgement of receipt by email without delay.

You may use the model withdrawal form below, but this is not mandatory. It is sufficient to send your withdrawal statement before the fourteen-day period expires.

Effects of withdrawal

If you validly withdraw from this contract, we will refund all payments received from you, including the cost of the least expensive standard delivery offered by us, without undue delay and no later than fourteen days after receiving your withdrawal statement.

We will use the same payment method used for the original transaction unless expressly agreed otherwise. You will not incur any fees as a result of the refund.

We may withhold the refund until we have received the goods or until you provide evidence that you have returned them, whichever occurs first.

You must return or hand over the goods to the address stated above without undue delay and no later than fourteen days after notifying us of your withdrawal. You bear the direct cost of returning the goods.

You are liable only for any reduction in the value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

Digital videos, music and other digital files

For paid digital content supplied without a physical medium, the statutory withdrawal period is fourteen days from the date on which the contract is concluded.

Withdrawal may be declared using the contact details above or the electronic “Withdraw from contract” function. Sending the statement before the deadline is sufficient. Following a valid withdrawal, payments received will be refunded using the same payment method no later than fourteen days afterwards.

Early loss of the right of withdrawal

For paid digital content, the right of withdrawal expires when performance begins only if all requirements of Section 356(6) BGB are met:

  • Shake Party has begun performing the contract;
  • the customer expressly agreed that performance may begin before the withdrawal period expires;
  • the customer acknowledged that this consent causes the right of withdrawal to be lost when performance begins;
  • the customer received confirmation of the contract and these declarations on a durable medium, such as by email.

Personalising a digital video, song or other file does not by itself remove the right of withdrawal. The required consents are obtained separately before work begins. If the statutory conditions are not fully met, the right of withdrawal remains in force.

If an order is legally classified as a service rather than digital content and no exception for a specific event date applies, the right of withdrawal expires only after the service has been fully performed, provided the legally required prior consent and acknowledgement were obtained.

Electronic withdrawal function

The ability to submit a statement through the electronic function does not create a statutory right of withdrawal for contracts where that right is excluded by law, particularly date-specific event services and genuinely individually made physical goods. Each request is reviewed according to the type of order and the applicable law.

Model withdrawal form

If you wish to withdraw from the contract, you may complete and send this form. Use of the form is not mandatory.

To:
Shake Party
Owner: Alona Yanchenko
Holunderweg 9
65510 Idstein
Germany
Email: shakeparty.de@gmail.com

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*) / provision of the following service or digital content (*):

Description of goods, service or digital content:
Order or booking number:
Ordered on (*) / received on (*):
Name of consumer:
Address of consumer:
Date:
Signature of consumer — only if this form is submitted on paper:

(*) Delete as appropriate.