General Terms and Conditions (AGB)
Last Updated: September 11, 2026
1. Scope and Identity of the Seller
These General Terms and Conditions (hereinafter "Terms") govern all contracts and business relationships entered into with:
Daniel Borges Einzelunternehmen
trading as Sparki Studio
Mathildenstraße 44
64285 Darmstadt, Germany
Email: contact@sparki.studio
VAT ID (USt-IdNr.): DE348443419
(hereinafter referred to as "Sparki Studio", "we", "us", or "our")
These Terms apply to all orders placed via our website, whether by private consumers or commercial entities:
A Consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities (§ 13 of the German Civil Code, BGB).
An Entrepreneur or Commercial Client is a natural or legal person or a partnership with legal capacity acting in the exercise of a trade, business, or profession (§ 14 BGB).
2. Services and Offerings
Sparki Studio operates across three core operational areas:
Custom Cassette Tape Production & Duplication: Custom recording, manufacturing, shell printing, packaging, and assembly of cassette releases for musical artists and record labels.
Audio Gear Shop: Sale of professionally restored and refurbished vintage audio hardware (Walkmans, cassette recorders, boomboxes) as well as brand new accessories and merchandise.
Tape Shop: Sale of curated physical cassette releases from independent artists on a consignment basis.
3. Conclusion of Contract and Order Workflow
A. Online Shop Purchases (Audio Hardware, Tapes, Merchandise)
Product listings in our online shop represent an invitation to place an order (invitatio ad offerendum), not a legally binding unilateral offer. This protects against unintentional stock discrepancies for one-of-a-kind vintage hardware and accidental technical pricing errors.
By completing the checkout process and clicking the final purchase button, you submit a binding offer to purchase the goods in your shopping cart.
We acknowledge receipt of your order immediately by automated email. The purchase contract is officially concluded when we send you an explicit order confirmation email or dispatch the products to your shipping address.
B. Custom Cassette Tape Production
Inquiries and Quotes: Production quotes can be requested via our website form or by direct email. We provide a quote describing the agreed production, materials, options, quantity, estimated turnaround time, and total price.
Agreement and Order Sequence: Once you confirm the quote in writing, including by email, we issue the official invoice. Production begins only after full advance payment has cleared into our account and all required audio masters, visual assets, and mandatory licensing documents have been received.
Production Schedules: Stated production turnaround times and delivery dates are estimated based on current workshop capacity and component supply. Binding completion deadlines require express written confirmation by Sparki Studio.
4. Copyright, Licensing, and GEMA Compliance (Custom Tape Duplication)
A. Customer Warranty of Ownership
The client expressly warrants and guarantees that they are the sole creator, copyright holder, or legally authorized licensee of all audio recordings, compositions, arrangements, lyrics, cover art, photography, trademarks, and associated materials provided to Sparki Studio for duplication. The client guarantees that physical replication and distribution will not infringe upon any third-party intellectual property, privacy, or neighboring rights.
B. GEMA and Collecting Societies Clearance
Pursuant to German copyright law and mechanical licensing regulations, physical sound carrier replication is subject to notification and clearance by the competent collecting society (e.g., GEMA in Germany or international equivalents).
Obligation to Register: The client is strictly obligated to register the production with GEMA prior to duplication. This obligation applies to all releases, including works consisting exclusively of original, "GEMA-free" (GEMA-frei) music.
Delivery Release (GEMA-Freistellung / Auslieferungsgenehmigung): Sparki Studio reserves the right to withhold shipment of manufactured tapes until the client provides official documentation of GEMA clearance (Auslieferungsgenehmigung / delivery permit) or proof that no licensing fees are outstanding. Delays caused by the client's failure to provide timely clearance documentation do not constitute a delivery default on our part.
C. Indemnification (Freistellungserklärung)
The client agrees to fully indemnify, defend, and hold harmless Daniel Borges / Sparki Studio against any and all claims, damages, liabilities, fines, royalties, losses, and legal costs (including reasonable legal defense fees) arising out of or related to any claim of copyright infringement, unauthorized sampling, or mechanical rights dispute resulting from the duplication of materials supplied by the client.
5. Prices, Shipping, and Payment Terms
Pricing and VAT Exemption (§ 19 UStG): All prices in our online shop and quotes are final amounts stated in Euros (€). In accordance with our small business status pursuant to § 19 of the German Value Added Tax Act (UStG - Kleinunternehmerregelung), Value Added Tax (VAT) is neither charged nor shown separately on our invoices.
Shipping Costs: Delivery fees are calculated and clearly displayed prior to final order completion during checkout, or set out in your individualized quote for custom production runs.
Payment Methods: We accept payment via Squarespace Payments (credit and debit cards processed securely via Stripe), PayPal, and direct bank wire transfer.
Advance Payment for Custom Production: For custom cassette tape duplication projects, 100% advance payment is required before production commences.
6. Warranty and Defect Remedies (Refurbished Gear & New Items)
A. Refurbished and Restored Audio Hardware
Restoration Standard: All vintage audio hardware (Walkmans, portable cassette decks, boomboxes) sold through our shop is pre-owned equipment that has been disassembled, cleaned, serviced, fitted with fresh wear parts (such as drive belts where applicable), calibrated, and bench-tested prior to listing. As vintage goods, natural cosmetic traces of historical use are normal and described in each item listing.
1-Year Warranty for Consumers: In accordance with § 476 (2) BGB, we provide a 1-year statutory warranty on all refurbished vintage hardware from the date of physical delivery to the consumer.
Customer Options for Defective Units: If a refurbished device develops a technical, electrical, or mechanical defect within the warranty period, we will cover the return shipping costs and offer you your choice of two remedies:
Option 1 (Full Repair): You return the device to our studio at our expense. We will inspect, repair, and recalibrate the unit free of charge, and return it to you.
Option 2 (Full Refund): If you prefer not to wait for repairs, you may return the device at our expense for a 100% refund of your original purchase price (including the original standard shipping fee paid).
Exclusions: This warranty strictly covers internal component breakdowns and mechanical failures under normal intended operation. It does not cover issues resulting from improper handling, dropping, impact damage, water or liquid ingress, battery leakage from user-inserted batteries, unauthorized opening or modification of the unit, or the playback of damaged, sticky, or spliced cassette tapes. All returned units undergo bench inspection upon arrival to verify the nature and origin of the fault.
B. Brand New Goods (Merchandise & Accessories)
New merchandise, apparel, and unopened accessories are subject to the standard statutory 2-year warranty under §§ 437 ff. BGB.
7. Right of Withdrawal (Widerrufsrecht)
Consumers residing within the European Union have a statutory right of withdrawal of 14 days when purchasing goods remotely.
Exclusion for Custom Duplication: Pursuant to § 312g (2) No. 1 BGB, the right of withdrawal does not apply to goods manufactured according to customer specifications or clearly tailored to personal needs (including custom recorded cassette tapes, custom printed shells, and printed artwork).
Full instructions on exercising your statutory right of withdrawal, our contact details, and the return address are set out on our dedicated Shipping & Returns page.
8. Limitation of Liability
Sparki Studio is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
In cases of slight negligence, we are liable only for breaches of essential contractual obligations (Kardinalpflichten—duties whose fulfillment is essential to the proper execution of the contract and on which the customer may regularly rely). In such cases, liability is limited to typical, foreseeable damage at the time of contract conclusion.
Sparki Studio is not liable for data loss or damage to digital master files or physical source media sent to us by mail; clients are responsible for maintaining complete master backups.
9. Retention of Title
All delivered goods, equipment, and manufactured cassette tapes remain the legal property of Sparki Studio until all claims arising from the applicable contract have been paid in full.
10. Applicable Law, Jurisdiction, and Dispute Resolution
Online Dispute Resolution (ODR): The European Commission provides an online dispute resolution platform at: https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Governing Law: The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of protection afforded by mandatory provisions of the country of their habitual residence.
Jurisdiction: If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Darmstadt, Germany.