Terms and Conditions
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 Withdrawal
- Article 8 – Exclusion of the Right of Withdrawal
- Article 9 – The Price
- Article 10 – Conformity and Warranty
- Article 11 – Delivery and Execution
- Article 12 – Long-term 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 conditions, the following terms are understood to mean:
- Cooling-off period: the period within which the consumer can make use of their right of withdrawal.
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day: calendar day.
- Long-term transaction: a distance contract relating to a series of products and/or services, of which the supply and/or purchase obligation is spread over time.
- Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.
- Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period.
- Model form: the model form for withdrawal provided by the entrepreneur, which a consumer can fill in if they wish to exercise their right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
- Distance contract: a contract whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
- Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space at the same time.
- Terms and Conditions: the present Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
- Great Audio
- Address: Oude Asserstraat 26, 9481 BL Vries - The Netherlands
- Phone: +31 592 580672
- Email: info@greataudio.nl
- Chamber of Commerce number: 91184045
- VAT identification number: NL865575101B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and consumer.
- 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer as soon as possible upon request, free of charge.
- If the distance contract is concluded electronically, in deviation from the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
- If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
- If one or more provisions of these general terms and conditions are at any time wholly or partially void or nullified, the contract and these conditions will remain in force for the remainder, and the relevant provision will be replaced without delay by a provision that approximates the original as closely as possible.
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Any ambiguities about the interpretation or content of one or more provisions of these terms and conditions must be explained 'in the spirit' of these general terms and conditions.
Article 4 – The Offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the contract.
- Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Every offer contains sufficient information for the consumer to understand their rights and obligations upon accepting the offer. This concerns, in particular:
- the price, including taxes;
- any possible shipping costs;
- the method by which the contract will be concluded and what actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery, and execution of the contract;
- the period for accepting the offer or the period within which the entrepreneur guarantees the price;
- the rate for communication if the costs of using the distance communication method are calculated on a basis other than the regular base rate for the used communication medium;
- whether the contract will be archived after it is concluded and, if so, how it can be accessed by the consumer;
- the manner in which the consumer can check and correct the information provided in connection with the contract before it is concluded;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes electronically;
- the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The Agreement
- 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 out therein.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- 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.
- The entrepreneur may, within legal frameworks, inform themselves about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to its execution.
- The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer on a durable medium, upon the delivery of the product or service:
- The visiting address of the entrepreneur's business location where the consumer can lodge complaints;
- 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;
- Information on guarantees and existing after-sales services;
- The information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
- Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
In the case of product delivery:
- When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This reflection period starts on the day after receiving the product by the consumer or a pre-designated representative announced to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must indicate this by using the model form for withdrawal or by another means of communication, such as email.
- After the consumer has indicated their wish to withdraw, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by providing proof of dispatch.
- If the consumer has not made it clear that they wish to exercise their right of withdrawal or has not returned the product within the set period, the purchase becomes final.
In the case of service delivery:
- When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day the agreement was entered into.
- To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur during the offer and/or at the time of delivery.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, the consumer will be responsible for the return shipping costs at most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has already been returned or conclusive proof of its return has been presented.
- Refunds will be made using the same payment method that the consumer used unless the consumer agrees to a different method.
- If the product is damaged due to careless handling by the consumer, the consumer will be liable for any depreciation in value of the product.
- The consumer cannot be held responsible for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the agreement.
Article 8 – Exclusion of the Right of Withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for certain products or services, as described in paragraphs 2 and 3.
- Exclusion of the right of withdrawal is only possible if the entrepreneur clearly states this in the offer, or at least before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- That have been created according to the consumer's specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That are liable to deteriorate or expire quickly;
- For individual newspapers and magazines;
- For audio and video recordings and computer software where the consumer has broken the seal;
- For hygiene products where the seal has been broken by the consumer.
- Exclusion of the right of withdrawal is only possible for services:
- Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- Whose delivery has started with the consumer's explicit consent before the cooling-off period has expired;
- Regarding bets and lotteries.
Article 9 – The Price
- During the period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices, whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These price fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- They are the result of statutory regulations or provisions; or
- The consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.
- If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert under the agreement against the entrepreneur.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery.
- Products must be returned in their original packaging and in new condition.
- The entrepreneur's warranty period corresponds to the manufacturer's warranty period.
- The entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the instructions of the entrepreneur and/or the packaging;
- The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
- The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
- The delivery location is the address that the consumer has provided to the company.
- With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be informed no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without cost.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term Transactions: Duration, Termination, and Extension
Termination
- The consumer may terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement concluded for a fixed period, and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.
- The consumer can terminate the agreements referred to in the previous paragraphs:
- At any time and not be limited to termination at a specific time or in a specific period;
- At least in the same way as they were entered into;
- Always with the same notice period that the entrepreneur has stipulated for themselves.
Extension
- An agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
- In deviation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly papers and magazines may be automatically extended for a fixed period of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once-a-month, delivery of daily, news, and weekly papers and magazines.
- An agreement with limited duration for the regular introduction of daily, news, and weekly papers and magazines (trial or introductory subscriptions) ends automatically after the trial or introductory period and is not automatically continued.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness dictate otherwise.
Article 13 – Payment
- Unless otherwise stipulated in the agreement or additional conditions, amounts owed by the consumer must be paid within 7 days after the commencement 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 consumer has received confirmation of the agreement.
- The consumer is obliged to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
- The entrepreneur provides a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be responded to 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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
- In the event of complaints, a consumer must first turn to the entrepreneur. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
- Even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
- Additional provisions or deviations from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.