General terms and conditions Dijkstar Music
Article 1 Definitions
1. Dijkstar Music: User of these general terms and conditions, registered office at Amsterdam Holland, registered under registration no. 55.00.83.56 at the Chamber of Commerce.
2. Customer: The natural person who does not act in pursuit of an occupation or company and who enters into a remote agreement with Dijkstar Music.
3. Remote agreement: The agreement which involves, within the scope of a organized system by Dijkstar Music for remote selling of products, up to entering into an agreement, exclusively
the use of one or more techniques regarding remote communication.
4. Period of reflection: The period during which the customer, whether or not, can make use of his right of withdrawal.
5. Right of withdrawal: The possibility for the customer to abandon the remote agreement within the period of reflection.
6. In writing: By communication in writing is also understood to be communication brought about electronically.
Article 2 Identity of Dijkstar Music
Email address: firstname.lastname@example.org
Chamber of commerce no. 55.00.83.56
BTW (VAT) identification no: NL146624920B01
Article 3 General information
1. These general terms and conditions apply to each offer from Dijkstar Music and to each remote agreement realized between
Dijkstar Music and customer.
2. The text of these general terms and conditions will, before the remote agreement is entered into electronically, be placed at the customer’s disposal in such a way that these can easily be stored by the customer onto a durable medium. In case this is in some situations impossible, it will be indicated before the remote agreement is entered into, where the general terms and conditions can be noted electronically, that they will be sent free of charge electronically or in another way upon customer’s request.
Article 4 The offer
1. All special terms on which a product is being offered are explicitly stated in the offer.
2. The offer contains an as complete and accurate possible description of the offered products.
The description has been sufficiently specified to make it possible for the customer to judge the offer. The use of pictures is such that this offers a true representation of the offered products.
3. Obvious errors and mistakes in the offer will not bind Dijkstar Music.
Article 5 Realization of the agreement
1. The agreement will be realized the moment the offer accepted by the customer has been immediately confirmed by Dijkstar Music and the customer meets the requirements stated in the offer.
During the period that receipt of the order has not yet been confirmed, customer can cancel the agreement.
2. The confirmation sent electronically by Dijkstar Music is deemed to have been received the moment the confirmation has been sent by Dijkstar Music.
Article 6 Right of withdrawal
1. Except for section 4 of this article it is possible for customer to cancel the agreement without stating reasons within a 15 day term.
This term starts the moment the product has been received by or on behalf of customer.
2. In case customer, with regard to the delivery of assembled modules, uses his right of withdrawal, he is required to ask for the RMA number at Dijkstar Music. When returning abovementioned products, the RMA number provided and possible description of the
complaint need to be stated.
3. During the term as meant in section 1, customer will handle the product and packaging with care. Customer will unpack the product to only such an extent, or use it for as far as is necessary to be able to decide whether he wants to keep the product.
In case customer wishes to make use of his right of withdrawal, he will return the products with all supplied
accessories undamaged - and for as far as is reasonably possible - in the original state and
packaging, in accordance with the instructions provided by Dijkstar Music.
4. Contrary to section 3 the right of withdrawal with regard to kits, print plates and other parts will only apply for as far as the order has not been received by the customer. The nature of these products is such that returning them after receipt is not reasonable. After receipt it is
after all not possible to establish whether the supplied products have been used or not and as such lost their value to Dijkstar Music.
5. In case customer makes use of his right of withdrawal, costs for returning the products are for his account.
6. In case customer has already made a payment, Dijkstar Music will repay this amount as soon as possible, though at the latest within 30 days after returning the product.
Article 7 Prices
1. During the duration of validity mentioned in this offer, prices of the offered products will not be increased, except for price changes as a result of changes regarding BTW (VAT) rates.
2. Prices mentioned in the offer are inclusive of BTW (VAT).
Article 8 Conformity and guarantee
1. Dijkstar Music guarantees that the products meet the agreement, the specifications mentioned in the offer and the reasonable requirements as to reliability and usefulness.
2. Kits, print plates and other parts which do not concern totally assembled modules, are deemed to meet the reasonable requirements which can be made as to those products. In case the aforementioned kits, print plates and other parts have been received, each entitlement as to guarantee, replacement or cancellation of the agreement will expire.
3. Guarantee as to completely assembled modules will be given in accordance with the provisions in the guarantee certificate which has been supplied during delivery of these products.
Article 9 Delivery and execution
1. Dijkstar Music will take the utmost care when carrying out the order.
2. Dijkstar Music will only then start processing the order in case the requirements mentioned in the offer have been met.
3. The place of delivery is considered as the address of which customer notified Dijkstar Music.
4. Dijkstar Music will carry out accepted orders with the greatest speed, though at the latest within 30 days, unless customer accepted the offer with the reserve in which explicitly a possible longer delivery time has been included. Only after last mentioned delivery time has
expired, customer has the right to completely or partly cancel the agreement.
Article 10 Payment
1. Unless explicitly stated otherwise, customer needs to pay the amounts due within 10 days after date of invoice.
2. In case prepayment of the order has been agreed upon, customer cannot assert any rights regarding the execution of the order, before the agreed prepayment has taken place.
3. Customer is required to inform Dijkstar Music promptly of any inaccuracies in the supplied payment details.
4. In case payment at the appropriate time does not occur, customer is negligent. From the moment customer is negligent, he is required to pay statutory interest. The period the statutory interest is calculated on will end the moment the amount due has been paid in full.
5. Reasonable costs to pay the required amount with regard to where the customer has been negligent will be borne by the customer.
Article 11 Liability
1. Dijkstar Music is not liable for material or immaterial damage resulting from the customer using the delivered kits, print plates and other parts. Customer is deemed to have sufficient skills to guarantee a correct use of these products.
2. Dijkstar Music is also not liable for material or immaterial damage resulting from installing the assembled modules delivered by
Dijkstar Music. As to the use of the required housing and appropriate power supply, customer is deemed to have sufficient understanding and skills.
Article 12 Complaints
1. Complaints regarding the execution of the agreement need to be submitted to Dijkstar Music in due time after customer established the shortcomings, in writing and fully and clearly specified.
2. Complaints submitted to Dijkstar Music will be answered within a 14 day-term after receipt.
3. In case a complaint requires a longer processing time, an answer will be sent within the 14 day-term with confirmation of receipt and an indication when customer can expect a more elaborate answer.
Article 13 Final provisions
1. Dutch law applies to each agreement between customer and Dijkstar Music.
2. Parties will only then appeal to a judge after they have done their utmost to settle the dispute in mutual agreement.
3. The version of these general conditions that applies is the one, which at the time of realization of the agreement, has been placed at the customer’s disposal.
4. Unless a mandatory rule provides otherwise, only the court or sector district in the district of the registered office of Dijkstar Music is competent to note the disputes.
5. The Dutch text of these general conditions will every time be decisive as to the explanation thereof