General Terms & Conditions Guitar Goods

Index:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Statutory law
Article 15 - Additional or deviating provisions

Article 1 - Definitions
In these conditions the following terms are meant as follows:
1. Consideration period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Transaction Duration: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the Consideration period;
7. Return form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement one or more techniques are used for distance communication;
10. Technique for distance communication: the means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
vof TLC Guitar Goods
Rijksstraatweg 195
3956CM Leersum
The Netherlands

Email: alex@tlcguitargoods.com
Phone: 06-40806227 (Mon-Fri between 9.00 and 18.00 CET time)
Chamber of Commerce number: 89122445
VAT identification number: NL864885271B01

Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that most favorable.
5. If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid for the remaining part and the stipulation concerned will be replaced by a stipulation that approach the scope of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Lack of clarity about the explanation or content of one or more provisions of our terms and conditions, should be explained 'in the spirit' of these general conditions.

Article 4 - The offer
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images for products are a true reflection of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
     1. the possible costs of shipping;
     2. the price including taxes;
     3. the way in which the contract will be concluded and which actions are necessary for this;
     4. whether or not the right of withdrawal applies;
     5. the method of payment, delivery and execution of the agreement;
     6. the period for accepting the offer or the period within which the entrepreneur guarantees the price;
     7. the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
     8. whether the agreement is archived after the conclusion and, if so, how it can be consulted by the consumer;
     9. the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and correct it if necessary;
     10. any other languages in which, in addition to Dutch, the contract can be concluded;
     11. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
     12. the minimum duration of the distance contract in case of an extended transaction.

Article 5 - The contract
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve 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 he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
5. With the product or service the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
     1. the visiting address of the business location of the trader 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 service after purchase;
     4. 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;
     5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
     6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
     7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This consideration period starts on the day after the consumer receives the product.
2.During the consideration period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the return form. If the consumer makes use of his right of withdrawal, the consumer will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
4. If the consumer has not made it known in this article after the expiry of the periods mentioned in paragraphs 2 and 3, he wishes to make use of his right of withdrawal or the right of withdrawal and the product has not been returned to the entrepreneur, the sale is a fact.
5. Tailor-made products or services for custom-made consumer properties on request and supplied consumer specifications are exempted from the right of withdrawal.
6. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.

Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the entrepreneur within the period specified in article 6 paragraph 3.

Article 8 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
     1. that have been created by the entrepreneur in accordance with the specifications of the consumer;
     2. which are clearly personal in nature and which cannot be returned due to their nature;
     3. which can quickly deteriorate or age, the price of which is linked to fluctuations in the financial market on which the entrepreneur has no influence;
     4. for loose newspapers and magazines;
     5. for audio and video recordings and computer software of which the consumer has broken the seal.
     6. for hygienic products of which the consumer has broken the seal.

Article 9 - The price
1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
     1. they are the result of statutory regulations or stipulations; or
     2. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to pressure and / or typesetting errors. No liability is accepted for the consequences of printing and / or typesetting errors. In case of pressure and / or typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and Guarantee
1. The entrepreneur warrants 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 rights existing on the date of the conclusion of the agreement, provisions and / or government regulations. 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 legal rights and claims that the consumer can assert against the entrepreneur under the contract.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds with the manufacturer's guarantee period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:
     1. The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
     2. The delivered products are exposed to abnormal circumstances or otherwise have been handled carelessly or contrary to the instructions of the entrepreneur and / or the instructions stated on the packaging;
     3. The inadequacy wholly or partially is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of the provisions in paragraph 4 of this article, the entrepreneur will execute accepted orders expeditiously but within 7 days at the latest, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer receives notification of this no later than 7 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
4. All delivery dates are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
5. 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.
6. 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 any return shipment are at the expense of the entrepreneur.
7. 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 and the entrepreneur made known representative, unless explicitly agreed otherwise.

Article 12 - Payment
1. Unless agreed otherwise, the amounts owed by the consumer must be paid in advance.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.

Article 13 - Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days after receipt of the complaint. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
5. In the event of complaints, a consumer must first turn to the entrepreneur. For complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is not yet found, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The ruling is binding and both entrepreneur and consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 14 - Statutory law
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 15 - Additional or deviating provisions
1. Additional provisions or deviating from these 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.
2. This text is a translation from the Dutch General Terms and Conditions. In case of discrepancies, the Dutch text is leading.