General Terms and Conditions Klundert Muziek B.V., trading under the name Klundert Music, established in Oisterwijk at Bedrijfsweg 13 (5061 JX) and registered with the Chamber of Commerce there under number 72023767.

Article 1: Definitions

In these general terms and conditions the following terms are used in the following sense unless explicitly indicated otherwise.

1.1. Seller: Klundert Muziek B.V., established in Oisterwijk at Bedrijfsweg 11-13, which applies these terms and conditions.

1.2. Buyer: the buyer, lessee and/or sighted party acting as a natural person, partnership, company or legal entity.

1.goods: the movable property relating to professional musical instruments, lighting, image and sound equipment.

1.agreement: the Agreement between the Seller and the Other Party with respect to the purchase, lease and taking at sight of the Goods.

Article 2: General

2.these terms and conditions shall apply to every offer, quotation and agreement between the Seller and the Other Party to which the Seller has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from by the Seller and the Other Party in writing.

2.the following terms and conditions shall also apply to agreements with the Seller, the execution of which requires the involvement of third parties.

2.any deviations from these general terms and conditions are only valid if expressly agreed in writing.

2.4. The applicability of any other general terms and conditions of the Other Party is expressly rejected.

2.5. If any ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place 'in the spirit' of these provisions.

2.the underlying agreement, together with these general terms and conditions, represent the complete arrangements between the Seller and the Other Party regarding the delivery of the Goods in respect of which the Agreement has been concluded.

Article 3: Offers and quotations

3.all offers and quotations shall be without obligation and shall be made in any written form, unless the Seller forgoes a written offer for practical, urgent or other reasons. The offer shall provide a date or date, or shall be definable by date. Offers and quotations may be revoked until such time as the Seller has confirmed the order.

3.the Seller cannot be held to its offers and quotations if the Other Party should have understood, in terms of reasonableness and fairness and generally accepted views, that the offer or quotation or part thereof contains an obvious mistake or slip of the pen.

3.the prices stated in offers and quotations are in Euros (including VAT) and are exclusive of the legally compulsory disposal contribution and any shipping/delivery costs, unless indicated otherwise.

3.4. A composite quotation shall not oblige the Seller to deliver part of the goods included in the offer or quotation at a corresponding part of the stated price.

3.5. Offers or quotations do not automatically apply to repeat orders.

Article 4: Conclusion of the agreement

4.each Agreement shall be established and commence after written acceptance on the part of the Seller, or after the Seller has commenced performance in accordance with the Agreement. The order confirmation and the Agreement shall be based on the information provided by the Client to the Seller at the time.

4.each Agreement shall be entered into for an indefinite period of time, unless it appears from the nature, content or purport of the Agreement that it has been entered into for a definite period of time.

Article 5: Delivery

5.unless otherwise agreed, delivery will be ex Seller's store or warehouse.

5.the Other Party shall be obliged to take delivery of the purchased Goods at the time at which they are at his disposal or are made available to him.

5.if the Other Party refuses to take delivery or is negligent in providing information or instructions necessary for the delivery of the purchased Goods, the Articles destined for delivery shall be stored at the risk of the Other Party after the Seller has notified it thereof. The Other Party shall in that case be liable for all additional costs.

5.if the Seller and the Other Party agree on delivery or shipment, the delivery or shipment of the purchases shall be at the Other Party's expense, unless the Seller and the Other Party have agreed otherwise. The Seller reserves the right to invoice the cost of delivery separately upon delivery.

5.if it has been agreed that delivery will be made in phases, the Seller may suspend the execution of those parts belonging to a subsequent phase until the Other Party has approved the results of the preceding phase in writing.

5.6. If the Seller requires information from the Other Party as part of the execution of the agreement, the delivery period shall commence after the Buyer has made such information available to the Seller.

5.7. If the Seller has stated a delivery time, it is indicative. A stated delivery time is therefore never a deadline. However, the final delivery time will never exceed the stated delivery time by more than one month, unless there is a case of force majeure. If this period is exceeded, the Other Party must give the Seller written notice of default.

Article 6.1: Right of withdrawal

In the case of products:

6.1.1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

6.1.2. The withdrawal period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with a different delivery time.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
c. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

6.1.3 If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in time, for example by means of proof of shipment.

In the case of services and digital content not delivered on a tangible medium:

6.1.5. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for 14 days without giving reasons. The operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

6.1.6. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:

6.1.7. If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

6.1.8. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 6.2 - Costs in the event of withdrawal

6.2.1. If the consumer exercises his right of withdrawal, no more than the cost of return shipment shall be borne by him.

6.2.2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product is already received back by the merchant or conclusive evidence of complete return can be provided. Repayment will be made through the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.

6.2.3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.

6.2.4. The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 7: Transport

7.all Goods ordered by the Other Party shall, unless otherwise agreed, be delivered by the Seller to, or sent for delivery to, the agreed places in the manner stipulated in the Contract or subsequently agreed.

7.all facilities at delivery of the Goods/Services shall be deemed to be provided at the risk of the Other Party.

7.the transport of the Goods shall take place in a manner to be determined by the Seller.

7.the Seller shall be insured for damage caused during or by transport. The Other Party shall sign for taking delivery. By signing, the Other Party accepts the delivered Goods and, as a result, any form of liability of the Seller for any damage to the Goods caused during or by transport shall lapse.

7.if the transport of the Goods cannot take place for reasons dependent on the will of the Other Party, the Seller shall be entitled to store the Goods at the expense and risk of the Other Party, without prejudice to the right of the User to claim payment of the purchase price.

Article 8: Guarantee and examination

8.the Seller guarantees that the Goods to be delivered meet the usual requirements and standards that can reasonably be set for normal use at the time of delivery and that they are free from any defects whatsoever.

8.the guarantee referred to under 8.1 shall also apply if the Goods to be delivered are destined for use abroad and the Other Party explicitly notified the Seller of this use in writing at the time of concluding the contract.

8.the guarantee referred to under 8.1 shall apply for a period of 60 months after delivery, unless the nature of the delivered Goods results otherwise or if the Seller and the Other Party have agreed otherwise in the Agreement.

8.the Seller shall provide the Other Party with a written warranty certificate. Failing this, the proof of purchase shall serve as proof with regard to the guarantee.

8.the Other Party shall examine the delivered Good immediately at the time the Good is made available to the Other Party. The Other Party shall examine whether the delivered Good meets the quantity and quality agreed upon between the Seller and the Other Party. Any visible defects must be reported in writing to the Seller within 3 days of delivery, submitting the guarantee certificate. The Other Party must report a non-visible defect to the Seller within eight days of discovery, but at the latest within the guarantee period, with due observance of the provisions of the previous paragraph of this Article. After expiry of the guarantee period, the Seller shall be entitled to charge all costs for repair or replacement, including administration, shipping and call-out charges.

8.if the delivered Goods do not comply with these guarantees, the Seller shall, at the Other Party's discretion, replace or repair the Good within a reasonable period of time after receiving it, or, if returning the Good is not reasonably possible, after the Other Party has given written notice of the defect within the first 6 months after the purchase date.

8.in the event of replacement, the Other Party shall immediately return the Good to be replaced to the Seller and transfer ownership thereof to the Seller. After the period of 6 months after the date of purchase, the Seller will take care of repairing the Good.

8.if the complaint is reported in time, this will not suspend the Other Party's payment obligation.

8.the guarantee referred to in this Article shall not apply if the defect has arisen as a result of wear of rotating or rubbing parts, injudicious or improper use or if, without the written permission of the Seller, the Other Party or third parties have made changes or tried to make changes to the Good or have used it for purposes for which the Good is not intended.

8.assessment of the applicability of the warranty claim shall be made by an authorized technician affiliated with the wholesaler of the Good.

8.if the Good delivered does not conform to what was agreed and this non-conformity is a defect within the meaning of the product liability regulation, the Seller shall not be liable for any resulting consequential damage.

Article 9: Samples and Models

If the Seller has shown or provided the Buyer with a model or sample, the Seller warrants that the item corresponds to it, unless the provision or showing was by way of indication.

Article 10: Retention of title

10.all Goods delivered by the Seller under the Contract shall remain the Seller's inalienable property until such time as the Other Party has paid the Seller for these Goods in full, including interest and costs.

10.the Other Party may not resell the Goods delivered by the Seller which are subject to retention of title pursuant to paragraph 1. Furthermore, the Other Party is not entitled to pledge these goods or to establish any other right on them.

10.in the event of processing, assimilation or mixing of the delivered goods by or on behalf of or at the Other Party, the Seller will acquire co-ownership of the newly created Goods and/or of the Goods assembled with the delivered Goods, for the invoice value of the original delivered Goods. Insofar as delivery is still required for this co-ownership, such delivery shall take place at the conclusion of the agreement.

10.the Other Party hereby grants the Seller the right, where appropriate, to enter all those places where the Seller's goods are located in order to exercise its property rights.

10.if the Other Party does not comply with its obligations or if there is a well-founded fear that the Other Party will not do so, the Seller shall be entitled to remove or have removed the delivered Goods to which the retention of title referred to in paragraph 1 rests from the Other Party or from third parties holding the goods for the Other Party. The Other Party shall be obliged to provide all cooperation to this end.

10.6. The Other Party shall furthermore be obliged to immediately notify in writing anyone who wishes to seize Goods delivered by the Seller that are subject to the Seller's retention of title, or in the event of the Buyer's administration or bankruptcy, to its receiver or administrator, with a copy thereof to the Seller, that the Seller has retained ownership of the Goods delivered, on penalty of forfeiting an immediately payable penalty in the amount of € 1,000 or, if higher, of the original invoice amount of the Goods. The penalty shall apply in addition to any obligation to pay damages.

Article 11. Transfer of risk

The risk of loss, damage or decrease in value of the Goods delivered which are the subject of the Agreement shall pass to the Other Party at the moment they are legally and/or actually delivered to the Other Party and thereby come under the control of the Other Party or of third parties to be designated by the Other Party.

Article 12: Price increase

12.1. If the Seller agrees a certain price with the Other Party when concluding the Contract, the Seller will nevertheless be entitled to increase the price, even if the price was not originally quoted subject to reservations.

12.if a price increase takes place within three months of the conclusion of the Agreement, the Other Party may dissolve the Agreement by a written statement regardless of the percentage of the increase, unless the price increase results from a power or an obligation of the Buyer under the law, or if it has been stipulated that the delivery will take place more than three months after the purchase.

Article 13: Payment

13.payment must be made net in cash on delivery unless Seller and Other Party have agreed otherwise.

13.if payment is not made in cash, it must be made within 30 days of the invoice date, in a manner indicated by Seller.

13.3. Objections to the amount of the invoices do not suspend the payment obligation.

13.4. After expiry of 30 days from the invoice date, the Other Party will be in default by operation of law; the Other Party will owe statutory interest on the amount due from the time of default.

13.5. In case of bankruptcy, suspension of payment or receivership, the claims of the Seller and the obligations of the Other Party towards the Seller shall be immediately due and payable.

13.6. In case of delivery, payment for the Goods may be made immediately after the conclusion of the Agreement and payment must in any case be made upon delivery of the Goods unless expressly agreed otherwise.

13.7. At the conclusion of the Agreement an advance payment of at most 50% shall generally be stipulated. If an advance payment has been stipulated, the Other Party may not assert any rights regarding the execution of the order in question or regarding the request for the provision of service(s) in question before the stipulated advance payment has been made.

12.8. If the Other Party is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the Other Party. The extrajudicial costs will be calculated on the basis of what is customary at that time in Dutch collection practice, currently the calculation method according to Rapport Voorwerk II. However, if the Seller has incurred higher costs for collection that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Other Party.

Article 14: Suspension and dissolution

14.the Seller is entitled to suspend the fulfilment of the obligations or to dissolve the agreement if:

• the Other Party does not or not fully comply with the obligations under the Agreement;
• after the conclusion of the Agreement the Seller has become aware that circumstances give good reason to fear that the Other Party will not fulfill the obligations. If there is good reason to fear that the Other Party will only partially or improperly fulfil its obligations, suspension will only be permitted to the extent justified by the failure; and
• the Other Party was requested to provide security for the fulfilment of its obligations under the Contract when the Contract was concluded and this security is not provided or is insufficient.

14.2. Furthermore, the Seller will be entitled to dissolve the Contract or have it dissolved if circumstances arise which are of such a nature that performance of the Contract cannot possibly be required or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that unaltered maintenance of the Contract can no longer reasonably be expected.

14.if the Agreement is dissolved, the Seller's claims against the Other Party shall become immediately due and payable. If the Seller suspends fulfilment of the obligations, it shall retain its claims under the law and the Agreement.

14.4. If the dissolution is attributable to the Other Party, the Seller will be entitled to compensation for the damage, including the costs, incurred directly and indirectly as a result.

Article 15: Indemnification

15.1. The Other Party shall indemnify the Seller against any claims by third parties who sustain damage in connection with the performance of the Agreement and the cause of which is attributable to parties other than the Seller.

15.2. Furthermore, the Other Party shall indemnify the Seller against any claims by third parties relating to intellectual property rights on materials or data provided by the Other Party, which are used in the performance of the Agreement.

15.3. If the Buyer provides the Seller with information carriers, electronic files or software etc., the Seller guarantees that the information carriers, electronic files or software are free of viruses and defects.

Article 16: Intellectual property and copyrights

16.without prejudice to the other provisions of these general terms and conditions, Seller reserves the rights and powers to which Seller is entitled under the Copyright Act.

16.the Other Party shall not be permitted to make any changes to the Goods, unless the nature of the Goods delivered dictates otherwise or if agreed otherwise in writing.

16.any designs, sketches, drawings, films, software and other materials or (electronic) files produced by the Seller within the scope of the Agreement shall remain the Seller's property, irrespective of whether they have been made available to the Other Party or to third parties, unless otherwise agreed.

16.any documents provided by the Seller, such as designs, sketches, drawings, films, software, (electronic) files, etc., are intended exclusively for the Other Party's use and may not be reproduced, disclosed or brought to the notice of third parties by the Other Party without the Seller's prior permission, unless the nature of the documents provided dictates otherwise.

16.5. The Seller reserves the right to use any knowledge acquired in the execution of the work for other purposes, to the extent that no confidential information is brought to the knowledge of third parties.

Article 17: Liability

17.if Seller should be liable to the Other Party, such liability shall be limited to the provisions of this Article.

17.seller will not be liable for damage, of whatever nature, caused by incorrect and/or incomplete information provided by or on behalf of the Other Party.

17.seller will only be liable for direct damage suffered by the Other Party or third parties as a result of an attributable failure on the part of Seller.

17.4. In these general terms and conditions, an attributable shortcoming means a shortcoming which a good and careful Seller could and should have avoided under the relevant circumstances and with due observance of normal attentiveness and care.

17.5.If the Other Party believes that the Seller has failed in the performance of its obligations, it shall hold it liable in writing and the Other Party shall give the Seller the opportunity to remedy such failure at its own expense.

17.6.If the manufacturer of a defective Good is liable for consequential damage, Seller's liability shall be limited to repair or replacement of the Good, or reimbursement of the purchase price. The Seller shall expressly not be liable for any damage suffered or any lost profits as a result of a defective Good.

17.without prejudice to the above, the Seller shall not be liable if the damage is due to intentional and/or gross negligence and/or culpable actions, or to injudicious or improper use by the Buyer.

17.8. If Seller should be liable, his liability for the damage to be compensated shall always be limited to the invoice amount agreed between Seller and the Other Party.

Article 18. Force majeure

18.1. The Seller will not be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to any fault on its part and for which it cannot be held accountable by virtue of the law, a juristic act or generally accepted practice.

18.2. The Seller will also be entitled to invoke force majeure if the circumstance preventing (further) performance occurs after the Seller should have fulfilled its obligation.

18.seller and Other Party may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party shall be entitled to dissolve the agreement without any obligation to compensate the other party for damages.

18.insofar as the Seller has already partially fulfilled his obligations under the agreement at the time of the commencement of the force majeure or will be able to fulfil them, and the fulfilled or still to be fulfilled part has independent value, the Seller is entitled to invoice the fulfilled or still to be fulfilled part separately. The Other Party shall be obliged to pay this invoice as if it were a separate agreement.

Article 19 Applicable law and Disputes

19.dutch law applies to every Agreement between the Seller and the Other Party.

19.in the event of an interpretation of the content and scope of these general terms and conditions, the Dutch text shall always prevail.

19.the Seller and the Other Party will have made every effort to settle a dispute in mutual consultation before resorting to the courts.

19.if any disputes should arise between Seller and the Other Party, the court in the place of business of Seller shall have jurisdiction to hear them. Seller nevertheless has the right to submit the dispute to the competent court according to the law

SUPPLEMENTARY PROVISIONS WITH REGARD TO DISTANCE SELLING

Article 20. Remote Purchase

20.deliveries of Goods purchased at a distance shall be made only upon express order, unless otherwise agreed between the Seller and the Other Party.

20.2. In the event of an obvious error, the Other Party shall inform the Seller. If and to the extent permitted by their nature, the Other Party shall keep the goods and documents at the Seller's disposal. The Other Party shall do or refrain from doing everything that is reasonable and fair.

Article 21. Trial period and exclusions

21.in the event of a distance purchase, a trial period of fourteen working days will apply, commencing the day after receipt by or on behalf of the Other Party, unless otherwise agreed in accordance with paragraph 3 of this Article.

21.during the trial period, the Other Party has a right of withdrawal, whereby he has the option to return the Goods received without any obligation on his part, other than against payment of the direct costs of transport and return, or to indicate that the services offered will not be used.

21.3. Limitations or exclusions of the trial period - on account of the specific nature of the Goods or services in question - shall be clearly stated in the offer (should this not possibly be replaced by the term rental voucher or sight voucher, as you use it?). Excluded from withdrawal in advance are recording and computer equipment of which the seal is or has been broken, Goods that are manufactured according to the specifications of the consumer, for example custom work, or that have a clearly personal character, CDs and software of which the seal is or has been broken and in the case of services, the performance of which, with the consent of the Buyer, commenced before the end of the period of seven working days.

21.4. The Other Party may only effectively invoke the trial period in the manner indicated by the Seller at the time of the offer and/or delivery.

21.5. When invoking the trial period and claiming the purchase price, costs incurred, such as shipping costs, etc. shall be borne by the Other Party. Travel of the goods from the Other Party to the Seller will also be at the Other Party's expense.

Article 22. Location of terms and conditions

22.these general terms and conditions are available for inspection at the Seller's premises and can be viewed on our website.

22.the most recently filed version or the version valid at the time the agreement was concluded will apply.

For more information regarding your right of withdrawal or complaints, please refer to the European ODR Platform.