Table of contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal upon delivery of products
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and implementation
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or deviating provisions
Article 1 – Definitions
In these conditions the following terms have the following meanings:
• Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with Deserted Island Music;
• Day: calendar day;
• Duration transaction: a distance contract with regard to a series of products (sound and film carriers, or downloads);
• Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Article 2 – Identity of the entrepreneur
Deserted Island Music
Business and visiting address:
Kennemerlaan 83 rood
1972 EJ IJmuiden
The Netherlands
Telephone number: +31 (0)255-500317
E-mail address: info@desertedislandmusic.nl
Chamber of Commerce number: 52145530
VAT identification number: NL002078747B31
Article 3 – Applicability
• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
• Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
• If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they are made available by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
• In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most relevant to him. is favorable.
Article 4 – The offer
• If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
• The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
• Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
• the price including taxes;
• the possible costs of delivery;
• the way in which the agreement will be concluded and which actions are required for this;
• the method of payment, delivery and implementation of the agreement;
• the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
• whether the agreement will be filed after it has been concluded, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
Article 5 – The agreement
• The agreement is concluded, subject to the provisions of paragraph 4, at the time of order / purchase by the consumer of the offer and compliance with the corresponding conditions.
• If the consumer has placed the order electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can receive the agreement tie.
• If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
• The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
• The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a.the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of return;
c. information about guarantees and existing after-sales service;
Article 6 – Right of withdrawal upon delivery of products
• When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day of receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
• During the reflection period, the consumer will handle the product and packaging with care. He may not unpack or use the product.
• If he makes use of his right of withdrawal, he will return the product with all accessories supplied in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal
• If the consumer makes use of his right of withdrawal, the costs of return shall not exceed the cost of the return.
• If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 – Exclusion of right of withdrawal
• The entrepreneur can exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products:
a.that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
e. for audio and video recordings of which the consumer has broken the seal.
Article 9 – The price
• During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
• Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
• Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
• Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
• The prices stated in the offer of products include VAT. With the exception of intra-Community transactions.
Article 10 – Conformity and Warranty
• The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
• A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the the taker can assert.
Article 11 – Delivery and implementation
• The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
• The place of delivery is the address that the consumer makes known to the company.
• With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
• In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
• If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
• The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Article 12 – Payment
• Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after receipt of the products;
• When selling products to consumers, a full advance payment may be stipulated in general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made.
• The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
• In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 13 – Complaints procedure
• The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
• Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
• Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
• If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 14 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
Article 15 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.