General Terms and Conditions Marcel Mignot Music

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Supplementary agreement: an agreement whereby the consumer acquires products and/or services in connection with a distance contract and these goods and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who, not acting for purposes related to his trade, business, craft or profession, purchases fashion items and/or shoes or hands them over for repair to the entrepreneur;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended and that allows unchanged reproduction of the stored information;
  7. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement, exclusive or additional use is made of one or more techniques for distance communication;
  10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;

Article 2 – Identity of the entrepreneur

Marcel Mignot Music
Huizerweg 13A
1261AS Blaricum
Netherlands

Tel: +31 20 555 5555
Email: info@marcelmignotmusic.com
Chamber of Commerce number: 12345678
VAT identification number: NL000000000B00

Article 3 – Applicability

  1. These general terms and conditions apply to distance contracts for the purchase of or the making or alteration/repair of products, concluded between entrepreneur and consumer.
  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, the entrepreneur will indicate, before the distance contract is concluded, in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.

Article 4 – The offer

  1. An offer is valid for two weeks, unless otherwise stated in the offer itself or otherwise agreed, starting from the date of receipt.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. The entrepreneur will in any case state with the offer:
    1. the withdrawal period of 14 days or, if there is an exclusion of the right of withdrawal, this fact and the reason for it
    2. if there is a charge for more (telephone) costs than the basic rate for contact about the agreement.
  4. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with accepting the offer.

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 therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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 observe appropriate security measures to that end.
  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 responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, 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 at the latest upon delivery of the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    1. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. the information about guarantees and existing after-sales service;
    4. the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    5. if the consumer has a right of withdrawal, the model withdrawal form.

    Article 6 – Right of withdrawal upon delivery of products

    1. The consumer can withdraw from an agreement regarding the purchase of a product within fourteen working days. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
    2. The reflection period referred to in paragraph 1 commences 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:
      1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times;
      2. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
    3. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal and the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. As soon as the entrepreneur still complies with his obligation to provide information regarding the withdrawal period and provides the model withdrawal form, the cooling-off period expires 14 days after the day on which he did so.

    Article 7 – Obligations of the consumer during the cooling-off period

    1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The starting point is that the consumer leaves all labels, price tags, stickers and the like attached to the product and does not use the product.
    2. The consumer is liable for any depreciation of the product if the provisions of paragraph 1 have not been met.
    3. The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or upon conclusion of the agreement.
    4. If the consumer exercises his right of withdrawal, the costs of return will be at his/her expense.

    Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

    1. If the consumer exercises his right of withdrawal, he/she reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
    2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur, unless the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
    3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
    4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
    5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
    6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

    Article 9 – Obligations of the entrepreneur in the event of withdrawal

    1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send a confirmation of receipt after receiving this notification.
    2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the refund until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
    3. The entrepreneur uses the same payment method that the consumer used for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.
    4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

    Article 10 – Exclusion of the right of withdrawal

    The entrepreneur can exclude products that are manufactured according to the consumer’s specifications and are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person, or sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery from the right of withdrawal. However, this is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before the agreement is concluded.

    Article 11 – The price

    1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in legal regulations or provisions (e.g. VAT rates).
    2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. The prices stated in the offer of products or services are inclusive of VAT.

    Article 12 – Compliance with the agreement and additional guarantee

    1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
    2. The entrepreneur is not responsible for defects and resulting damage that have arisen after delivery of the products as a result of unskilled use or lack of care, or that are the result of changes or repairs that the consumer or third parties have made to the delivered goods.
    3. Any failure by the entrepreneur to fulfil his obligations gives the consumer the authority to dissolve the agreement in whole or in part, unless the failure – given its special nature or minor significance – does not justify this dissolution and its consequences. Insofar as fulfilment is not permanently or temporarily impossible, the authority to dissolve only arises when the defaulting party is in default.
    4. If the entrepreneur is in default, the consumer can inform him in writing that he demands replacement damages instead of fulfilment. This conversion is not possible if the shortcoming – given its minor significance – does not justify it.
    5. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement. An additional guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

    Article 13 – Delivery and execution

    1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
    2. The place of delivery is the address that the consumer has made known to the entrepreneur.
    3. Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will deliver with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this no later than 30 days after placing the order, or if a different delivery period has been agreed no later than on the last day of the delivery period. In that case, the consumer has the right to put the entrepreneur in default and to give him a reasonable additional period for delivery. If delivery still fails to take place, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. The consumer can terminate immediately without further notice if delivery within the original delivery time is essential or the consumer has stated when concluding the agreement that this is essential. A notice of default is not required if delivery has become permanently impossible or it has otherwise become apparent that the entrepreneur will not fulfil his obligations.
    4. After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
    5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
    6. The entrepreneur can reserve ownership of all products delivered by him. The consumer will only become the owner of the purchased products if he has paid the purchase price and any additional amounts owed in full to the entrepreneur.
    7. The entrepreneur can exercise the right of retention (withholding) if the consumer fails to meet a due obligation, unless the failure does not justify this withholding.

    Article 14 – Payment

    1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
    2. In the case of a consumer purchase, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
    3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
    4. If the consumer does not meet his payment obligation(s) on time, the entrepreneur will point out the late payment to him and the entrepreneur will give the consumer a period of 14 days to still meet his payment obligations. If payment is still not made, the consumer will owe the statutory interest on the amount still owed and the entrepreneur may charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 20% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 10% on the next €5,000 with a minimum of €85.

    Article 15 – Complaints procedure

    Unless otherwise agreed, the following applies as the entrepreneur’s complaints procedure:

    1. Complaints about defects in the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
    2. The consumer must demonstrate at the entrepreneur’s request that the agreement to which the complaint relates has been concluded with the entrepreneur.
    3. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
    4. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

    Article 16 – Disputes and applicable law

    Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur can only be submitted to the competent court.
    Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.