Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- 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;
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
Article 2 – The Entrepreneur’s identity
Matthew’s Musical Instruments
Lingerzijde 30 - 32
1135 AR Edam
Tel: (00) 31(0) 299 37 1999
Chamber of Commerce (KvK) number: 36011009
VAT number: NL 807982738 B. 01
Article 3 – Applicability
3.1 These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
Article 4 – The offer and agreement
4.1 All offers of Matthew's Music are free of obligation, unless expressly agreed otherwise with the buyer in writing.
4.3 If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
4.3 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.
4.4 Verbal promises or agreements by or with its staff only bind Matthew's Music after and insofar as she/he has confirmed this in writing.
4.5 The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set
4.6 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.
4.7 If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational 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.
4.8 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.
Article 5 - The price
5.1 Prices quoted by Matthew's Music are without obligation. Matthew's Music has the right to change prices. If the prices of the articles and services offered rise in the period between the moment you order and the execution of the order by Matthew's, you have the right to cancel the order or to dissolve the agreement within twenty-one days after notification of the price increase by Matthew's Music.
5.2 The prices stated for the articles and services offered are in euros, including VAT and exclude handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
5.3 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.
5.4 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.
5.5 Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
5.6 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.
Article 6 – Payment
6.1 Payment by the buyer must take place within the period stated on the offer and / or invoice and in the payment method stated there. The Seller is at all times entitled to require payment in advance, down payment, cash payment or otherwise sufficient security for the payment of the Buyer. If the buyer refuses to comply with a request to that effect from the seller, the seller shall be entitled to suspend delivery and / or the agreement without judicial intervention, by means of a written statement.
6.2 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.
6.3 The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
6.4 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 7 – Delivery and execution
7.1 The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
7.2 The place of delivery is at the address given by the Consumer to the Entrepreneur.
7.3 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.
7.4 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.
7.5 If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of return shipment are for the account of the entrepreneur.
7.6 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 8 – Guarantee and liability
8.1 Matthew’s Music guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.
8.2 A guarantee arrangement offered by the trader, manufacturer or importer does not affect the rights and claims that a consumer can enforce on the grounds of the law and/or the distance contract in relation to a failure on the part of the Entrepreneur to keep to his obligations vis-à-vis the consumer.
8.3 Warranty can become void if buyer, without prior permission from the Entrepreneur, performs any changes and/or repairs to its products.
Article 9 – Right of withdrawal
9.1 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).
9.2 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.
9.3 During the reflection 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.
9.4 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 subsection 3.
Article 10 – Exercising the Consumer’s right of withdrawal and the costs
10.1 If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously within the period of reflection.
10.2 The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 7 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 or agreed otherwise. 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.
10.3 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.
10.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
10.5 The Consumer shall bear the direct costs of returning the product.
10.6 If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 11 – Entrepreneur’s obligations in case of withdrawal
11.1 If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
11.2 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.
11.3 The Entrepreneur shall make use of the same means of payment that the Consumer used, unless both the Consumer and the Entrepreneur consents to another method. The reimbursement is free of charge for the Consumer.
Article 12 - Exclusion of the right of withdrawal
12.1 The Entrepreneur can exclude the following products and services from the right of withdrawal:
a) 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;
b) Perishable products or products with a limited durability.
c) Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken (e.g. saxophone and clarinet reeds);
Article 13 – Complaints procedure
13.1 The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
13.2 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
13.3 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 14 - Reservation of ownership
14.1. Matthew's Music reserves the ownership of the delivered goods and the goods to be delivered, until their claims in respect of the delivered and to be delivered goods have been paid in full by the buyer, including the claims for shortcomings in the performance of one or more agreements.
Article 15 - Final provisions
15.1 Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, as well as all disputes arising between the Entrepreneur and the Consumer arising from or in connection with the execution thereof are exclusively governed by Dutch law.
15.2 In the event of invalidity or nullity of any provision in these general terms and conditions, the other provisions of these general terms and conditions will remain fully in force.