General terms and conditions
General Terms and Conditions HifiStereo.nl
Table of contents:
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Reflection period: the period within which the customer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into an agreement, whether or not remotely, with the entrepreneur;
3. Company: Legal entity or natural person who acts in the exercise of a profession or business and enters into an agreement, whether or not remotely, with the entrepreneur.
4. Customer: A Consumer or Company that purchases goods or services from an entrepreneur.
5. New products: Products that come directly from the manufacturer and have not been used by a customer or entrepreneur and are delivered in the original unopened packaging.
6. Second-hand products: Products that have been used and for which the manufacturer's warranty has expired or for which the state can no longer make a warranty claim.
7. Vintage products: Second-hand products that are already several decades old and (possibly) only have collector's value.
8. Day: calendar day;
9. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
10. Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
11. Right of withdrawal: the option for the customer to cancel the distance contract within the cooling-off period;
12. Entrepreneur: the natural or legal person who offers products and/or services to customers, whether or not remotely;
13. Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
14. Distance communication technology: means that can be used to conclude an agreement without the customer and the entrepreneur being in the same room at the same time.
Article 2 - Identity of the entrepreneur
Hifi Partners BV, trading under the name “Hifistereo.nl”, Administration & office: Marconiweg 6, 3442 AD Woerden.
Phone number: 0651226009
Email address: Sales@hifistereo.nl
Chamber of Commerce number: 84755555
VAT identification number: NL863350586B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded, whether or not remotely, between the entrepreneur and the customer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the customer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the customer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the customer electronically or otherwise at the customer'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 and, in the event of conflicting general terms and conditions, the customer can always rely on the applicable provision that is most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the customer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains sufficient information to clearly indicate to the customer the rights and obligations associated with accepting the offer. This specifically concerns:
o the price including taxes;
o any costs of delivery;
o the manner in which the agreement will be concluded and what actions are required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and execution of the agreement;
o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
o whether the agreement will be archived after it has been concluded and, if so, how the customer can consult it;
o the manner in which the customer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
o any other languages in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct to which the trader has submitted and the way in which the customer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the customer accepts the offer and meets the conditions set therein.
2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the customer may 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 customer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, investigate whether the customer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
5. The entrepreneur will send the following information to the customer with the product or service, in writing or in such a way that the customer can store it in an accessible manner on a durable data carrier:
a. the website address, if necessary the visiting address of the entrepreneur where the customer can go with complaints;
b. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the customer prior to the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing new products, the customer has the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the product is received by the customer or a representative designated in advance by the customer and made known to the company.
2. This cooling-off period does not apply to the purchase of 'vintage' or second-hand products, nor does the warranty apply unless expressly agreed otherwise.
3. During the cooling-off period, the customer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When providing services:
4. When services are provided, the customer has the option to cancel the agreement without giving reasons for at least fourteen days, starting on the day the agreement is concluded and no later than before the work commences.
5. In order to exercise his right of withdrawal, the customer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of revocation
1. If the customer exercises their right of withdrawal, they will be responsible for no more than the costs of returning the product. The company reserves the right to charge for any damage and/or shortages resulting from this return shipment.
2. If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can exclude the customer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur in accordance with the customer's specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or become obsolete quickly or are already obsolete / second-hand when purchased;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the customer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery/performance of which has begun before the cooling-off period has expired;
c. relating to betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services 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 is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the customer can assert against the entrepreneur under the agreement.
3. Vintage and second-hand products are expressly excluded from the warranty unless expressly agreed in writing.
4. Services provided by or through the entrepreneur are considered an obligation of best efforts and not a commitment to results. The compensation is therefore financial compensation for the time involved. Therefore, no guarantee applies to services.
5. Where no warranty applies, a warranty can be purchased. This is at the discretion of the entrepreneur. The entrepreneur will implement a goodwill policy in cases where products or services without a warranty require additional service within a foreseeable period.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has provided to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the customer will be notified of this no later than 30 days after placing the order. In that case, the customer has the right to terminate the agreement without charge and is entitled to any compensation.
4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the customer as soon as possible, but no later than 30 days after termination.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated, no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
7. The entrepreneur reserves the right to have a product delivered by a third party under the name of the entrepreneur (drop shipment).
8. The entrepreneur will take products supplied by the customer (for repair, consignment, etc.) into his possession with due care and will store and handle them with care until they are sold or returned to the customer.
9. The entrepreneur reserves the right to charge costs for this storage if this storage takes an unnecessarily long time due to the customer's actions.
10. The Entrepreneur reserves the right to have services performed by third parties, at the Entrepreneur's discretion. In such cases, the Entrepreneur will monitor the quality of these services to ensure that they are at least equal to or better than those provided by the Entrepreneur.
Article 12 - Duration transactions: duration, termination and extension
Cancellation
1. The customer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products or continued use of products (rental) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month.
2. The customer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
3. The customer may terminate the agreements referred to in the previous paragraphs:
o cancel at any time and not be limited to cancellation at a specific time or during a specific period;
o at least cancel them in the same manner as they were entered into by him;
o always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the previous paragraph, an agreement concluded for a fixed period and which provides for the regular delivery of products may be tacitly extended for a fixed period of up to three months, if the customer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
6. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the customer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
7. A limited-term agreement for the trial use of a product (loan, "on approval") is not automatically renewed and ends automatically after the trial or introductory period. Failure to return the product within the agreed-upon period will then be considered a purchase.
Duration
8. If an agreement has a duration of more than one year, the customer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
1. Unless otherwise agreed, amounts owed by the customer must be paid in advance within 14 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the customer has received confirmation of the agreement.
2. When selling products to customers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment is stipulated, the customer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
3. The customer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the customer reasonable costs made known in advance.
5. Ownership of the product will only be transferred from the entrepreneur to the customer after payment has been received.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the customer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the customer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Article 15 - Disputes
1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.