Our Terms & Conditions.
General terms and conditions Klundert Muziek B.V., trading under the name Klundert Muziek, located 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 with the following meaning, unless explicitly stated otherwise.
1.1. Seller: Klundert Muziek B.V., established in Oisterwijk at Bedrijfsweg 11-13, which applies these conditions.
1.2. Counterparty: the buyer, tenant and / or observer acting as a natural person, partnership, company or legal entity.
1.3. Goods: movable property concerning professional musical instruments, light, image and sound equipment.
1.4. Agreement: the Agreement between the Seller and the Other Party with regard to the purchase, rental and inspection of the Goods.
Article 2: General
2.1. These terms and conditions 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 the Seller and the Other Party have not deviated from these terms and conditions explicitly and in writing.
2.2. The following conditions also apply to agreements with the Seller, for the execution of which third parties must be involved.
2.3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
2.4. The applicability of any other general terms and conditions of the Other Party is explicitly rejected.
2.5. If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, then the explanation must take place "in the spirit" of these provisions.
2.6. The underlying agreement, together with these general terms and conditions, reflect the full agreements between the Seller and the Other Party with regard to the delivery of the Goods for which the Agreement has been concluded.
Article 3: Offers and quotations
3.1. All offers and quotations are without obligation and are made in any written form, unless the Seller declines a written offer for practical, urgent or other reasons. The offer provides for a date or date, or can be determined by date. Offers and quotations can be revoked until the time that the Seller has confirmed the order.
3.2. 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 any part thereof contains an obvious mistake or error.
3.3. The prices stated in offers and quotations are in Euros (incl. VAT) and are exclusive of the legally required disposal fee and any shipping / delivery costs, unless stated otherwise.
3.4. A composite quotation does not oblige the Seller to deliver part of the goods included in the offer or quotation for a corresponding part of the stated price.
3.5. Offers or quotations do not automatically apply to repeat orders.
Article 4: Formation of the agreement
4.1. Each agreement is concluded and commences after a 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 are based on the information provided by the client to the contractor at the time.
4.2. Each Agreement is entered into for an indefinite period of time, unless the nature, content or scope of the Agreement indicates that it has been entered into for a definite period of time.
Article 5: Delivery
5.1. Unless otherwise agreed, delivery will be ex Seller's shop or warehouse.
5.2. The Other Party is obliged to take delivery of the Goods purchased at the time when they are available to it or handed over to it.
5.3. If the Other Party refuses to take delivery or fails to provide information or instructions necessary for the delivery of the purchased item, the items intended for delivery will be stored at the Other Party's risk after the Seller has notified him of this. In that case, the Other Party will owe all additional costs.
5.4. If the Seller and the Other Party agree on delivery or shipment, the delivery or shipment of the purchases will be at the expense of the Other Party, unless the Seller and the Other Party have agreed otherwise. The Seller reserves the right to invoice the delivery costs separately upon delivery.
5.5. If it has been agreed that delivery will be carried out in stages, the Seller may suspend the execution of those parts that belong to a subsequent stage until the Other Party has approved the results of the preceding stage in writing.
5.6. If the Seller requires information from the Other Party in the context of the performance of the agreement, the delivery time will commence after the Buyer has made this available to the Seller.
5.7. If the Seller has stated a term for delivery, this is indicative. A specified delivery time is therefore never a strict deadline. However, the final delivery time will never exceed the specified delivery time by more than one month, unless there is force majeure. If this term is exceeded, the Other Party must give the Seller written notice of default.
Article 6: Right of withdrawal
6.1. The consumer can dissolve an agreement regarding 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 the withdrawal, but not oblige him to state his reason (s).
6.2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last 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.
For services and digital content that is not supplied on a tangible medium:
6.3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
6.4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:
6.5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6.6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7: Transport
7.1. Unless otherwise agreed, all Goods ordered by the Other Party will be delivered by the Seller or sent for delivery to the agreed places in the manner as determined in the Agreement or subsequently agreed upon.
7.2. All facilities upon delivery of the goods / services are deemed to have been provided at the risk of the Other Party.
7.3. The Goods will be transported in a manner to be determined by the Seller.
7.4. The Seller is insured for damage caused by or during transport. The other party must sign for receipt. By signing the Other Party accepts the delivered Good and as a result any form of liability of the Seller for any damage to the good occurring during or due to the transport will lapse.
7.5. If the transport of the Goods cannot proceed for reasons dependent on the will of the Other Party, then the Seller is entitled to store the Goods at the expense and risk of the Other Party, without prejudice to the right of the User to demand payment of the purchase price.
Article 8: Warranty and research
8.1. The Seller guarantees that the Goods to be delivered meet the usual requirements and standards that can reasonably be set for them at the time of delivery under normal use and are free from any defects.
8.2. The guarantee referred to under 8.1 also applies if the Goods to be delivered are intended for use abroad and the Other Party has explicitly notified the Seller of this in writing at the time of entering into the agreement.
8.3. The guarantee referred to under 8.1 applies for a period of 36 months after delivery, unless the nature of the delivery dictates otherwise or if the Seller and the Other Party have agreed otherwise in the Agreement.
8.4. The Seller will provide the Other Party with a written warranty certificate. Failing this, the proof of purchase will serve as proof of the warranty.
8.5. The Other Party must immediately examine the delivered Good, immediately at the moment that the Good is made available to the Other Party. The Other Party must investigate whether the Goods delivered meet the quantity and quality agreed between the Seller and the Other Party. Any visible shortages must be reported in writing to the Seller within 3 days after delivery, with the guarantee certificate being presented. A non-visible defect must be reported to the Seller by the Other Party within eight days of discovery, but no later than within the warranty period, with due observance of the provisions of the previous paragraph of this article. After expiry of the warranty period, the Seller is entitled to charge all costs for repair or replacement, including administration, shipping and call-out costs.
8.6. If the Goods delivered do not comply with these guarantees, the Seller will return the goods within a reasonable period of time after receipt thereof, or, if return is not reasonably possible, after written notification of the defect by the Other Party, within the first 6 months. after the purchase date, at the option of the Other Party, replace the Good or arrange for repair.
8.7. In the event of replacement, the Other Party undertakes to return the Good to be replaced to the Seller by return of post and to transfer the ownership thereof to the Seller. After the period of 6 months after the purchase date, the Seller will arrange for the good to be repaired.
8.8. If the complaint is reported on time, this does not suspend the Other Party's payment obligation.
8.9. The warranty referred to in this article does not apply if the defect has arisen as a result of wear and tear of rotating or rubbing parts, improper or improper use or if, without written permission from the Seller, the Other Party or third parties have made or attempted to make changes. to the Good or have used it for purposes for which the Good is not intended.
8.10 Assessment of the applicability of the warranty claim is done by an authorized technician affiliated with the wholesaler of the Good.
8.11 If the delivered Good does not comply with what was agreed and this non-conformity is a defect within the meaning of the product liability regulation, then the Seller is not liable for the resulting consequential damage.
Article 9: Samples and models
If a model or sample has been shown or provided to the buyer by the seller, then the seller guarantees that the item is in accordance with it, unless providing or showing was a method of indication.
Article 10: Retention of title
10.1. All Goods delivered by the Seller under the Agreement remain the inalienable property of the Seller until such Goods have been paid in full to the Seller by the Other Party, including interest and costs.
10.2. The goods delivered by the Seller that fall under the retention of title pursuant to paragraph 1, may not be resold by the Other Party. Furthermore, the Other Party is not authorized to pledge these items or to establish any other right on them.
10.3. In the event of treatment, processing or mixing of the goods delivered by or on behalf of or at the Other Party, the Seller will acquire the co-ownership right in the newly created Goods and / or in the Goods assembled with the goods delivered, for the invoice value of the original goods delivered Affairs. Insofar as a delivery is still required for this co-ownership, that delivery will take place at the conclusion of the agreement.
10.4. The Counterparty now grants the Seller the right to enter all those places where the Seller's Goods are located in order to exercise its ownership rights.
10.5. If the Counterparty does not fulfill its obligations or there is well-founded fear that the Counterparty will not do so, the Seller is entitled to dispose of the delivered Goods on which the retention of title referred to in paragraph 1 rests from the Counterparty or third parties who keep the goods for the Counterparty. take away or do away with. The other party is obliged to cooperate fully in this regard.
10.6. The Other Party is furthermore obliged to immediately notify the trustee or administrator in writing to any person who wishes to seize Goods delivered by the Seller, which are subject to the Seller's retention of title, or in the event of administration or bankruptcy of the Buyer itself, with a copy thereof. to the Seller that the Seller remains the owner of the goods delivered, subject to forfeiture of an immediately payable fine of € 1000 or, if higher, of the original invoice amount of the Goods. The fine applies in addition to any obligation to pay compensation.
Article 11. Transfer of risk
The risk of loss, damage or depreciation of the Goods delivered that are the subject of the Agreement transfers to the Other Party at the moment they are legally and / or factually delivered to the Other Party and thus under the control of the Other Party or a third parties 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 Agreement, the Seller is nevertheless entitled to increase the price, even if the price was not originally stated with reservation.
12.2 If a price increase takes place within three months after the conclusion of the agreement, the Other Party may dissolve the Agreement by means of a written statement regardless of the percentage of the increase, unless the price increase results from an authority or an obligation on the buyer under the law. , or if it is stipulated that the delivery will take place longer than three months after the purchase.
Article 13: Payment
13.1 Payment must be made net in cash on delivery unless the Seller and the Other Party have agreed otherwise.
13.2 If payment is not made in cash, this must be made within 30 days of the invoice date, in a manner indicated by the Seller.
13.3 Objections to the amount of the invoices do not suspend the payment obligation.
13.4 After the expiry of 30 days after the invoice date, the Other Party will be in default by operation of law; the Counterparty owes statutory interest on the amount due from the moment of default.
13.5 In the event of bankruptcy, suspension of payments or receivership, the claims of the Seller and the obligations of the Other Party towards the Seller are immediately due and payable.
13.6 Upon delivery, payment of the Goods can take place immediately after the Agreement has been concluded and payment must in any case take place upon delivery of the Goods, unless expressly agreed otherwise.
13.7 When the Agreement is concluded, an advance payment of up to 50% will generally be stipulated. If advance payment has been stipulated, the Other Party cannot assert any rights whatsoever with regard to the execution of the order concerned or with regard to the relevant request for the provision of service (s) before the stipulated advance payment has been made.
13.8 If the Other Party is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining settlement out of court will be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice at that time, 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
14.1 The Seller is entitled to suspend performance of its obligations or to dissolve the agreement if:
- the Other Party does not or not fully comply with its obligations under the Agreement;
- after entering into the Agreement, the Seller has become aware that circumstances give good reason to fear that the Other Party will not fulfill its obligations. If there are good grounds to fear that the Other Party will only partially or improperly fulfill its obligations, suspension is only permitted insofar as the shortcoming justifies it; and
- the Other Party was asked to provide security for the fulfillment of its obligations under the Agreement when the Agreement was concluded and this security is not provided or insufficient.
14.2 Furthermore, the Seller is authorized to dissolve the Agreement or have it dissolved if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if circumstances otherwise arise which are such that unaltered maintenance of the Agreement cannot be reasonably expected.
14.3 If the Agreement is dissolved, the claims of the Seller on the Other Party are immediately due and payable. If the Seller suspends the fulfillment of the obligations, he retains his rights under the law and agreement.
14.4 If the dissolution is attributable to the Other Party, the Seller is entitled to compensation for the damage, including the costs, caused directly and indirectly as a result.
Article 15: Indemnities
15.1 The Other Party indemnifies the Seller against any claims from third parties who suffer damage in connection with the performance of the Agreement and the cause of which is attributable to others than the Seller.
15.2 The Counterparty also indemnifies the Seller against claims from third parties with regard to intellectual property rights on materials or data provided by the Counterparty that 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 latter guarantees that the information carriers, electronic files or software are free from viruses and defects.
Article 16: Intellectual property and copyrights
16.1 Without prejudice to the other provisions of these general terms and conditions, the Seller reserves the rights and powers vested in the Seller by virtue of the Copyright Act.
16.2 The Other Party is not permitted to make changes to the Goods, unless it follows otherwise from the nature of the goods delivered or otherwise agreed in writing.
16.3 Any designs, sketches, drawings, films, software and other materials or (electronic) files created by the Seller within the framework of the Agreement remain the property of the Seller, regardless of whether these are provided to the Other Party or to third parties. unless otherwise agreed.
16.4 All documents provided by the Seller, such as designs, sketches, drawings, films, software, (electronic) files, etc., are exclusively intended to be used by the Other Party and may not be used by the Other Party without the prior consent of the Seller. reproduced, made public or brought to the attention of third parties, unless the nature of the documents provided dictates otherwise.
16.5 The Seller reserves the right to use any knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 17: Liability
17.1 If the Seller should be liable to the Other Party, this liability is limited to what is stipulated in this article.
17.2 The Seller is not liable for damage, of whatever nature, caused by the Seller acting on incorrect and / or incomplete information provided by or on behalf of the Other Party.
17.3 The Seller is only liable for direct damage to the Other Party or third parties that it suffers as a result of an attributable failure to perform on the part of the Seller.
17.4 In these general terms and conditions, an attributable shortcoming is understood to mean: a shortcoming that a good and careful Seller could and should have avoided under the relevant circumstances and with due observance of normal attention and care.
17.5 If the Other Party is of the opinion that the Seller has failed to fulfill its obligations, it will hold it liable in writing and the Other Party will give the Seller the opportunity to remedy the shortcoming at its own expense.
17.6 If the producer of a defective Item is liable for consequential damage, the seller's liability will be limited to repair or replacement of the item, or reimbursement of the purchase price. The Seller is expressly not liable for damage suffered or any lost profits as a result of a defective Item.
17.7 Notwithstanding the above, the Seller is not liable if the damage is due to intent and / or gross negligence and / or culpable acts, or injudicious or improper use by the Buyer.
17.8 If the Seller should be liable, it is always limited for the damage to be compensated to the invoice amount agreed between the Seller and the Other Party.
Article 18. Force majeure
18.1 The Seller is not obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributed to fault, and is not for its account by law, a legal act or generally accepted beliefs.
18.2 The Seller also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the Seller should have fulfilled its obligation.
18.3 During the period that the force majeure continues, the Seller and the Other Party can suspend the obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
18.4 Insofar as the Seller has in the meantime partially fulfilled or will be able to fulfill his obligations under the agreement at the time of the commencement of force majeure, and the part fulfilled or to be fulfilled respectively has independent value, the Seller is entitled to revoke the already fulfilled respectively to be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate agreement.
Article 19 Applicable law and Disputes
19.1 Dutch law is applicable to every Agreement between the Seller and the Other Party.
19.2 In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text will always be decisive.
19.3 Before appealing to the courts, the Seller and the Other Party will make every effort to settle a dispute in mutual consultation.
19.4 If disputes should arise between the Seller and the Other Party, the court in the Seller's place of business is authorized to hear these disputes. Nevertheless, the Seller has the right to submit the dispute to the competent person according to the law
ADDITIONAL PROVISIONS REGARDING DISTANCE BUYING
Article 20. Remote purchase
20.1 Deliveries of Goods purchased at a distance will only be made upon explicit order, unless otherwise agreed between the Seller and the Other Party.
20.2 In the event of an obvious mistake, the Other Party will notify the Seller of this. If and insofar as their nature permits, the Other Party will keep the goods and documents available for the Seller. The Other Party will do or refrain from doing anything that is required in reasonableness and fairness.
Article 21. Viewing period and exclusions
21.1 In the event of a distance purchase, a trial period of fourteen working days will apply, starting on the day after receipt by or on behalf of the Other Party, unless otherwise agreed in accordance with paragraph 3 of this article.
21.2 During the trial period, the Other Party has a right of withdrawal, whereby it has the option, without any obligation on its part, to return the Goods received, other than against payment of the direct costs of shipping and return shipment, or to indicate that the services offered will not be used.
21.3 Limitations or exclusions of the trial period - on the basis of the specific nature of the Goods or services concerned - will be clearly stated in the offer (should this not possibly be replaced by the term rental coupon or sight coupon, as you use it?) . Excluded from withdrawal in advance are recording and computer equipment of which the seal has been 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 has been or has been broken and if there are services, the performance of which, with the buyer's consent, commenced before the expiry of the seven-day period.
21.4 The Other Party can only actually invoke the trial period in the manner indicated by the Seller in the offer and / or on delivery.
21.5 When invoking the trial period and complaint of the purchase amount, costs incurred, such as costs for shipping, etc., will be for the account of the Other Party. The travel of the goods from the Other Party to the Seller is also at the expense of the Other Party.
Article 22. Location of the conditions
22.1 These general terms and conditions are available for inspection at the seller and are visible on our website.
22.2 The most recently filed version or the version that applied at the time of the conclusion of the agreement is always applicable.
For more information about your right of withdrawal or complaints, we refer you to the European ODR Platform.