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Terms and Conditions
1 Definition of terms
Conditions : These general conditions
User : Audiovinyl
Website : The website of the user (www.audiovinyl.nl)
Consumer : A natural person
Company : A legal entity
Products : Records, books or other goods supplied by the user
2 Identity Audiovinyl
Full name : Audiovinyl is a trade name of HPG Consult
Chamber of Commerce number : 67427847
VAT number : NL093846307B03
Email address : [email protected]
Business address : Verfmolen 8, 1703 TZ Heerhugowaard, Netherlands
Phone : +316 55702691
(note: this is not a visit address)
3.1 These General Terms and Conditions of Sale (hereinafter: The Terms and Conditions) apply to all offers and orders from Audiovinyl, to the exclusion of any other general terms and conditions.
3.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
3.3 The provisions of these Conditions can only be deviated from in writing, in which case the remaining provisions remain in full force.
3.4 All rights and claims as stipulated in these Terms and Conditions for Audiovinyl are also stipulated for the benefit of intermediaries and other third parties engaged by Audiovinyl.
4.1 An agreement is only concluded after acceptance of your order by Audiovinyl. Audiovinyl is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly provided otherwise. If an order is not accepted, Audiovinyl will notify this within ten working days after receipt of the order.
5 Prices / offers
5.1 All offers of Audiovinyl are without obligation and Audiovinyl expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
5.2 All prices are stated in euros or dollars including VAT and excluding shipping costs.
5.3 Audiovinyl is not obliged to sell products at an incorrectly lower price if it is evident that this price is wrong, and the consumer could reasonably have known this. This also applies after a shipping confirmation has been sent.
6.1 The consumer / company can use the following payment methods;Payment via Ideal. Payment with Mastercard, Maestro, Visa, American Express and VVV vouchers.
You can also opt for bank transfer. And You can use your Paypal account.
7.1 The delivery times specified by Audiovinyl are only indicative. Exceeding any delivery term does not entitle the consumer to compensation or the right to cancel the order or to dissolve the agreement, unless the exceeding of the delivery term is such that the consumer can not reasonably be expected to enter into the agreement.
7.2 The delivery of the products takes place at the place and time at which the products are ready for shipment to the consumer / company.
7.3 At the time of delivery to the consumer or to a third party designated by the consumer, the risk for the products passes to the consumer.
8 Deviation products shown image website
8.1 Audiovinyl does not warrant any deviations from the product of the displayed image on the website. So it may be that the inner cover is just of a different material than reported. For specified colors, weights, speed and number of copies we guarantee.
9.1 Audiovinyl guarantees that the products are delivered in accordance with what can reasonably be expected of the products and that the products are free of defects.
9.2 The consumer / company must examine within 14 days after receipt whether the delivered products (both quantity and quality) comply with what has been agreed and with the requirements that are imposed on it in the normal course of trade.
9.3 If within 14 days after receipt it appears that a product has a defect, Audiovinyl reserves the right to make a choice for replacement or compensation of the product or to give a discount on the product.
9.4 The guarantee does not apply if a defect is caused by improper use of the product or if the product has been used for purposes for which the product is not intended.
10.1 Liability for defects is limited to repair or replacement of the products and if this is not possible to pay a maximum of the purchase price.
10.2 Audiovinyl does not accept any liability for consequential damage.
10.3 Audiovinyl hereby excludes damage resulting from improper use, washing and drying of plates and other forms of cleaning.
11 Right of dissolution
11.1 The consumer / company is given 14 days to review the product that has been sent and to decide to dissolve the agreement. The reflection period starts on the day after delivery by the delivery service.
11.2 During the reflection period, the consumer / company will handle the product carefully. The product is only unpacked within this period and used as far as necessary to decide whether the consumer wants to keep the product.
11.3 If the consumer / company wishes to make use of the right of dissolution, the consumer informs Audiovinyl as soon as possible, but no later than within 14 days, in writing or by email. The consumer/company can use the model form for dissolution for this purpose.
12 Return shipping
12.1 As soon as possible, but no later than 14 days after the day of dissolution, the delivered products will be returned to Audiovinyl. The day of dissolution is the day on which the consumer / company has informed Audiovinyl that he makes use of the right of dissolution. Whether the delivered products have been returned in time must be proven by the consumer / company.
12.2 When the consumer / company returns products, the consumer packages the products in such a way that damage is prevented. Preferably in the original packaging.
12.3 Products are returned to Audiovinyl in the original state and packaging, in any case in a proper packaging, with due observance of the return instructions provided by Audiovinyl.
12.4 If a product comes back damaged to Audiovinyl, the consumer / company is only entitled to the residual value of the product. Audiovinyl is entitled to deduct the damage from the consumer / company.
12.5 If the consumer / company makes use of the right of termination, the costs for the return shipment will be for his account.
12.6 Audiovinyl pays in case of a fast return (products are received within 14 days after dissolution by Audiovinyl) by the consumer / company the purchase price including the costs for forwarding (therefore excluding the costs of return) within 14 days after the day of dissolution by the consumer / company back.
12.7 In case of a late return (products are not received within 14 days after dissolution by Audiovinyl) by the consumer the period of 14 days in which reimbursement by Audiovinyl is obligatory only takes effect when the products have been received by Audiovinyl.
13 Retention of title
13.1 The ownership of the delivered products will only pass if you have paid all that you owe to Audiovinyl on the basis of any agreement.
14 Electronic communication and proof
14.1 For misunderstandings, malformations, delays and inadequate data and messages resulting from the use of the Internet or any other means of communication in the traffic between consumer / company and Audiovinyl (third parties engaged by the consumer / company), Audiovinyl is not liable , unless and insofar as there is intent or gross negligence on the part of Audiovinyl.
14.2 The administration of Audiovinyl counts as full proof of the existence, content and execution of the agreement with the consumer in any legal proceedings, to the contrary by the party, who relies on the fact that the evidence is not reliable.
15 Force majeure
15.1 Without prejudice to the other rights it is entitled to, Audiovinyl has the right, in case of force majeure, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, this by informing you in writing and this without Audiovinyl being obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness.
15.2 Force majeure means any shortcoming which cannot be attributed to Audiovinyl, because it is not due to her fault and is not for her account under the law, legal act or generally accepted in traffic.
16 Applicable law
16.1 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as to these Terms and Conditions.
17 Competent court
17.1 All disputes between the parties will only be submitted to the competent court in the Netherlands