General Terms and Conditions Webshop Connect miniature instruments (hobby) version 2015-2
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 - The price
Article 7 - Conformity and warranty (limited application to hobby company)
Article 8 - Delivery and execution
Article 9 - Duration transactions: duration, cancellation and extension (not applicable to hobby business)
Article 10 - Payment and returns
Article 11 - Complaints procedure (not applicable to hobby companies)
Article 12 - Additional or deviating provisions
Article 1 - Definitions
In these conditions the following definitions apply:
1. Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur/hobby company;
2. Day : calendar day;
3. Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
4. Durable data carrier : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
5. Model form : the model form for orders that the entrepreneur makes available that a consumer can complete when he wants to place an order;
6. Entrepreneur : In the present case there is no question of a business but of hobby activities. In the conditions, where the word 'entrepreneur' is used, it should be read as 'co-hobbyist' or 'private hobby company';
7. Distance agreement : an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
8. Distance communication technology : means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
9. General Terms and Conditions : the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Connect Miniature Musical Instruments located in Denekamp (Overijssel);
e-mail: miniatureinstrument@kpnmail.nl site: www.miniatuurinstrument.nl
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer (among hobbyists).
2. 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 they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding 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 it can be read 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. is.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity (offer) or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a faithful representation of the products offered. Because these are handmade products, models and colors may differ. The entrepreneur cannot therefore guarantee that the colors displayed correspond exactly to the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:
o the price including taxes and costs for using PayPal ;
o any shipping costs (shipping costs are for the entrepreneur, with the exception of the additional costs associated with registered shipments (at the buyer's request);
o the manner in which the agreement will be concluded and what actions are required for this;
o the method of payment, delivery and execution of the agreement;
o the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
o the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
o whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
o any other languages in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. 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 secure web environment . If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address is the email address of the entrepreneur where the consumer can go with complaints (see also customer service website);
b. the information about warranties and existing after-sales service;
c. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
d. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in (VAT) rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT. Because we are not a company, we cannot declare VAT separately.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
7. The regular shipping costs (normal PostNL rate) are for the entrepreneur unless otherwise stated when ordering (including guitars). At the buyer's express request, a package can also be sent by REGISTERED mail . These additional costs (drum set 2.75 / guitar 4.75) must be paid by the buyer at the same time as paying the costs for the order. The buyer can indicate in the model form which shipping method will be used. Shipments other than registered are not insured and are sent at the buyer's risk.
Article 7 - Conformity and Warranty
1. 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 7 days of delivery. Returning the products is only possible after consultation in exceptional cases and must be in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
6. The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
7. The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
Article 8 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Taking into account what is stated in paragraph 4 of this article, the hobby company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 9 - Duration transactions: duration, cancellation and extension
Cancellation (not applicable to hobby activities)
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of at least maximum one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
o cancel at any time and are not limited to cancellation at a certain time or in a certain period;
o at least cancel in the same manner as they were entered into by him;
o always cancel with the same notice period as the entrepreneur has agreed for himself.
Extension
4. An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
5. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Article 10 - Payment and returns
1. Unless otherwise agreed, the amounts owed by the consumer must be paid immediately.
2. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
4. Before a consumer returns a product, the entrepreneur must be contacted. In principle, products CANNOT be returned because they are made to request/custom. Moreover, the right of return only applies to companies and not to a private hobby company. If otherwise agreed in advance, returns will be made at the consumer's expense, and administration costs may also be charged. The shipping and administration costs will be deducted by the provider from the reimbursement of the costs of the product, unless otherwise agreed in writing (or by email).
Article 11 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If a complaint is found to be justified by the entrepreneur, he will offer the consumer an alternative or compensate in another way (e.g. replacement product).
Article 12 - Additional or deviating provisions
Additional or deviating provisions 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 data carrier.