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Terms and Conditions

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CONTENTS

Article 1 – Definitions
Article 2 – The Entrepreneur’s identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer’s obligations during the reflection period
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
Article 9 – Entrepreneur’s obligation in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guaranty
Article 13 – Delivery and execution
Article 14 – Continuing performance contract: duration, termination and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes


Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:

1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
2. Reflection period: the period during which the Consumer may use his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is  destined and which makes unaltered reproduction of the stored information possible.
8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
9. Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
11. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.


Article 2 – The Entrepreneur’s identity
Entrepreneur Audio products
Business address Moriaanseweg west 97
Telephone number +31 (0)654242021
Email address info@audio-products.nl
Chamber of Commerce number 243.42.791
VAT identification number NL822321658B01


Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur  and to any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of  these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they  will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via  electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to  these General Terms and Conditions, the second and third paragraphs shall  apply accordingly, and in the event of contradictory terms and conditions, the  Consumer may always appeal to the applicable provision that is most  favourable to him/her.


Article 4 – The offer
1.  If an offer is of limited duration or if certain conditions apply, it shall be  explicitly stated in the offer.
2.  The offer contains a full and accurate description of the products, digital  content and/or services offered. The description is suitably detailed to enable  the Consumer to assess the products, or services and/or digital content  adequately. If the Entrepreneur makes use of pictures, they are truthful  images of the products and/or services provided. Obvious errors or mistakes  in the offer do not bind the Entrepreneur.
3.  All offers contain such information that it is clear to the Consumer what rights  and obligations are attached to accepting the offer.


Article 5 – The contract
1.  Subject to the provisions in paragraph 4, the contract becomes valid when the  Consumer has accepted the offer and fulfilled the terms and conditions set.
2.  If the Consumer accepted the offer via electronic means, the Entrepreneur  shall promptly confirm receipt of having accepted the offer via electronic  means. As long as the receipt of said acceptance has not been confirmed, the  Consumer may repudiate the contract.
3.  If the contract is concluded electronically, the Entrepreneur will take  appropriate technical and organisational security measures for the electronic  data transfer and ensure a safe web environment. If the Consumer can pay  electronically, the Entrepreneur shall observe appropriate security measures.
4.  The Entrepreneur may, within the limits of the law, gather information about  Consumer’s ability to fulfil his payment obligations, and all facts and factors  relevant to responsibly concluding the distance contract. If, acting on the  results of this investigation, the Entrepreneur has sound reasons for not  concluding the contract, he is lawfully entitled to refuse an order or request  supported by reasons, or to attach special terms to the implementation.
5.  Before delivering the product, the Entrepreneur shall send the following  information along with the product, the service or the digital content in writing  or in such manner that the Consumer can store it in an accessible manner on  a long-term data carrier:
a. the visiting address of the Entrepreneur´s business establishment where  the Consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the Consumer may  exercise the right of withdrawal, or, as the case may be, clear information  about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and  guarantees;
d. The price including all taxes of the product, service or digital content,  where applicable the delivery costs and the way of payment, delivery or  implementation of the distance contract;
e. the requirements for cancelling the contract if the contract has a duration  of more than one year or for an indefinite period of time.
f. the standard form for withdrawal if the Consumer has the right of  withdrawal.
6.  In case of a continuing performance contract, the stipulation in the previous  paragraph only applies to the first delivery.


Article 6 – Right of withdrawal
In case of products:
1. The Consumer can repudiate a purchase contract for a product without giving  reasons for a period of reflection of at least 14 days. The Entrepreneur  may  ask the Consumer about the reason for the withdrawal but cannot force  him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product  is received by the Consumer or by a third party appointed by him in advance  and who is not the carrier, or
a. if the Consumer ordered several products in the same order: the day on   which the Consumer or a third party appointed by him received the   last product. The Entrepreneur may refuse an order of several products   with different delivery dates provided that he clearly informs the    Consumer prior to the order process.
b. in case the delivery of a product consists of several batches or parts:   the day on which the Consumer or a third party appointed by him   received the last batch or the last part.
c. in case of an agreement about regular delivery of products during a   given period: the day on which the Consumer or a third party appointed   by him received the first product.

In case of services and digital content that is not delivered on a physical carrier:
3. The Consumer can terminate an agreement for services or an agreement  for delivery of digital content that is not delivered on a physical carrier  without giving reasons during at least 14 days. The Entrepreneur may ask  the Consumer about the reason for the withdrawal but cannot force him to  state his reason(s).
4. The reflection period referred to in Article 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 physical carrier in case no information is given about the right of withdrawal:
5. If the Entrepreneur has not provided the Consumer with the legally required  information about the right of withdrawal or has not provided the standard  form for withdrawal, the reflection period expires twelve months after the  end of the original reflection period in accordance with the reflection period  determined in the previous sub-clauses of this Article.
6. If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the  day on which the Consumer received the information.


Article 7 – Consumer’s obligations during the time of reflection
1. During this period, the Consumer shall handle the product and the packaging  with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.


Article 8 – Exercising the Consumer’s right of withdrawal and the costs
1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any  event if the product is returned before the expiration of the period of reflection.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
6. If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the obligation.
7. The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited volume or quantity, or for the supply of district heating if
a. the Entrepreneur has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of costs in case of withdrawal or the standard form for withdrawal, or
b. if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating be started during the period of reflection.
8.  The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
a. prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of reflection;
b. he did not acknowledge to lose his right of withdrawal when giving consent; or
c. the Entrepreneur failed to confirm the Consumer’s statement.
9. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.


Article 9 – Entrepreneur’s obligations in case of withdrawal
1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.


Article 10 – Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:
1. Products or services with a price that is subject to fluctuations in the  financial market on which the Entrepreneur has no influence and which may  occur within the period of withdrawal;
2. Agreements that are concluded during a public auction. A public auction is  defined as a selling method whereby the Entrepreneur offers products, digital  content and/or services to the Consumer who is personally present or has the  possibility to be personally present at the auction under the direction of an  auctioneer and whereby the successful bidder is obliged to purchase the  products, the digital content and/or the services.
3. Services agreements, after full performance of the service, but only if
a. the performance started with the Consumer’s explicit prior consent; and
b. the Consumer stated that he will lose his right of withdrawal as soon as   the Entrepreneur has fully performed the agreement.
4. Services agreements for making accommodation available when a certain  period of implementation is provided and other than for residential  purposes, goods transports, car rental services and catering;
5. Agreements related to leisure activities when a certain date or period of  performance is arranged in the agreement;
6. Products manufactured in accordance with the Consumer’s specifications  which are not prefabricated and which are produced on the basis of a  Consumer’s individual choice or decision or which are intended for a specific  person;
7. Perishable products or products with a limited durability.
8. Sealed products which are for health or hygiene reasons not suitable for being  returned and of which the seal was broken;
9. Products which for their nature are irreversibly mixed with other products;
10. Alcoholic drinks of which the price has been agreed upon at the conclusion of  the agreement but of which the delivery can take place only after 30 days,  and whose real value depends on fluctuations in the market which the  Entrepreneur cannot affect.
11. Sealed audio and  video recordings and computer programs of which the seals  were broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions to  them;
13. The delivery of digital content other than on a physical carrier, but only if:  a. the performance was started with the Consumer’s explicit prior    consent;
b. the Consumer stated that he will lose his right of withdrawal by doing   so.


Article 11 – The price
1.  The prices of the products and/or services provided shall not be raised during  the validity period given in the offer, subject to changes in price due to  changes in VAT rates.
2.  Contrary to the previous paragraph, the Entrepreneur may offer products or  services whose prices are subject to fluctuations in the financial market that  are beyond the Entrepreneur’s control, at variable prices. The offer will state  the possibility of being subject to fluctuations and the fact that any indicated  prices are target prices.
3.  Price increases within 3 months after concluding the contract are permitted  only if they are the result of new legislation.
4.  Price increases from 3 months after concluding the contract are permitted  only if the Entrepreneur has stipulated it and
a.  they are the result of legal regulations or stipulations, or
b.  the Consumer has the authority to cancel the contract before the day on   which the price increase starts.
5.  All prices indicated in the provision of products or services are including VAT.
Article 12 – Performance of an agreement and extra Guarantee
1.  The Entrepreneur guarantees that the products and/or services comply with  the contract, with the specifications listed in the offer, with reasonable  requirements of usability and/or reliability and with the existing statutory  provisions and/or government regulations on the day the contract was  concluded. If agreed, the Entrepreneur also guarantees that the product is  suitable for other than normal use.
2.  An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or  Importer shall never affect the rights and claims the Consumer may exercise  against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s  obligations if the Entrepreneur has failed in the fulfilment of his part of the  agreement.
3.  ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his  Supplier, Importer or Manufacturer in whom he assigns certain rights or  claims to the Consumer that go further than he is legally  required in case he  fails in the compliance with his part of the agreement.


Article 13 – Delivery and execution
1.  The Entrepreneur shall exercise the best possible care when booking orders  and executing product orders and when assessing requests for the  provision of services.
2.  The place of delivery is at the address given by the Consumer to the  Entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms  and Conditions, the Entrepreneur shall execute accepted orders with  convenient speed but at least within 30 days, unless another delivery period  was agreed on. If the delivery has been delayed, or if an order cannot be  filled or  can be filled only partially, the Consumer shall be informed about this  within one month after ordering. In such cases, the Consumer is entitled to  repudiate the contract free of charge and with the right to possible  compensation.
4.  After repudiation in conformity with the preceding paragraph, the  Entrepreneur shall return the payment made by the Consumer promptly but  at least within 30 days after repudiation.
5.  The risk of loss and/or damage to products will be borne by the Entrepreneur  until the time of delivery to the Consumer or a representative appointed in  advance and made known to the Consumer, unless explicitly agreed  otherwise.


Article 14 – Continuing performance agreements: duration, termination and renewal
Termination
1.  The Consumer may at all times terminate a contract that was concluded for  an indefinite time and which extends to the regular delivery of products  (including electricity) or services, with due observance of the termination  rules and subject to not more than one month’s notice.
2.  The Consumer may at all times terminate a contract that was concluded for a  specific time and which extends to the regular delivery of products (including  electricity) or services at the end of the specific period, with due observance  of the termination rules and a subject to not more than one month’s notice.
3.  The Consumer can cancel the agreements mentioned in the preceding  paragraphs:
–  at any time and not be limited to termination at a particular time or in a   given period;
–  at least in the same way as they were concluded by him;
–  at all times with the same notice as the Entrepreneur stipulated for   himself.
Extension
4.  An agreement concluded for a definite period which extends to the regular  delivery of products (including electricity) or services may not be  automatically extended or renewed for a fixed period.
5.  Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly  newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended  agreement towards the end of the extension with a notice of one month at the  most.
6.  An agreement concluded for a definite period and which extends to the  regular delivery of products or services may only be extended tacitly for an  indefinite period if the Consumer can cancel it at any time with a notice of one  month. The notice is three months at the most in vase the contract is about  a delivery of dailies, newspapers and weeklies and magazines occurring  regularly but less than once a month.
7.  An agreement with limited duration of regular delivery of trial dailies,  newspapers, weeklies and magazines (trial or introductory subscription) is not  renewed tacitly and ends automatically after the trial or introductory period.
Duration
8.  If the duration of a contract is more than one year, the Consumer may  terminate the contract at any time after one year with a notice of not more  than one month, unless reasonableness and fairness resist the termination  before the end of the agreed term.


Article 15 – Payment
1.  Unless otherwise stipulated in the agreement or in the additional conditions,  the amounts to be paid by the Consumer must be settled within 14 days after  the period of reflection, or if there is no period of reflection within 14 days  after concluding the agreement. In case of an agreement to provide a service,  this period starts on the day that the Consumer received the confirmation of  the agreement.
2.  When selling products to Consumers, it is not permitted to negotiate an  advance payment of more than 50% in the General Terms and Conditions.  If an advance payment was agreed, the Consumer may not assert any right  regarding the execution of the order in question or the service(s) in  question before making the agreed advance payment.
3.  The Consumer has the duty to inform the Entrepreneur promptly of possible  inaccuracies in the payment details that were given or specified.
4.  In case the Consumer has not complied with his payment obligation(s) in  time, and the Entrepreneur has pointed out to him that the payment was late  and allowed the Consumer a period of 14 days to comply with the payment  obligations, the Consumer is to pay the statutory interest on the amount  payable and the Entrepreneur is entitled to charge the Consumer with any  extrajudicial collection costs. These extrajudicial collection costs amount to no  more than 15% for outstanding amounts up to € 2,500, 10% for the following  € 2,500 and 5% for the following € 5000, with a minimum of € 40. The  Entrepreneur may deviate from the aforementioned amounts and percentages  in favour of the Consumer.

Article 16 – Complaints procedure
1.  The Entrepreneur shall have a sufficiently notified complaints procedure in  place, and shall handle the complaint in accordance with this complaint  procedure.
2.  Complaints about the performance of the contract shall be submitted fully and  clearly described to the Entrepreneur within a reasonable time after the  Consumer discovered the defects
3.  The complaints submitted to the Entrepreneur shall be replied within a period  of 14 days after the date of receipt. Should a complaint require a foreseeable  longer time for handling, the Entrepreneur shall respond within 14 days with a  notice of receipt and an indication when the Consumer can expect a more  detailed reply.

Article 17 – Disputes
1.  Contracts between the Entrepreneur and the Consumer to which these  General Terms and Conditions apply, are exclusively governed by Dutch law.
2.  With due observance of the provisions set out below, the disputes between  the Consumer and the Entrepreneur about the formation or the performance  of contracts related to products or services that the Entrepreneur must deliver  or has already delivered can be submitted by both the Consumer and the  Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP, The Hague (Den Haag) (www.sgc.nl).
3.  A dispute is handled by the Disputes Committee [Geschillencommissie] only if  the Consumer submitted his/her complaint to the Entrepreneur within a  reasonable period.
4.  The dispute must have been submitted in writing to the Geschillencommissie  Webshop within twelve months after arising of the dispute.
5.  If the Consumer wishes to submit a dispute to the Geschillencommissie, the  Entrepreneur is bound by this choice. When the Entrepreneur wishes to file  the dispute to the Geschillencommissie, the Consumer must speak out in  writing within five weeks after a written request made by the Entrepreneur  whether he so desires or wants the dispute to be dealt with by the competent  court. If the Entrepreneur has not heard of the Consumer’s option within the  period of five weeks, the Entrepreneur is entitled to submit the dispute to the  competent court.
6.  The Geschillencommissie’s decision will be made under the conditions as set  out in the rules of the Arbitration Commission  (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).
A decision made by the Geschillencommissie is a binding advice.
7.  The Disputes Committee will not handle a dispute or will discontinue handling  it if the Entrepreneur is granted a moratorium, goes bankrupt or actually  ended his business activities before the Commission has handled a dispute at  the hearing and delivered a final award.
8.  If in addition to the Geschillencommissie Webshop another disputes  committee recognised by or affiliated with the Stichting Geschillencommissies  voor Consumentenzaken (SGC) [Foundation for Consumer Complaints  Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)  [Financial Services Complaints Board] is competent, the disputes that are  mainly related  to sales methods or distance services.