Article 1. Applicability
1.1 All offers, orders and agreements of Muziekcentrale Adams b.v. are subject to these General Terms and Conditions of Sale ("Terms and Conditions"), excluding any other general terms and conditions. These Terms and Conditions can be consulted free of charge on the Internet, see http://www.adams.nl/AV/
1.2 All rights and entitlements stipulated for Muziekcentrale Adams b.v. in these Terms and Conditions and any subsequent agreements are also stipulated on behalf of any intermediaries and other third parties engaged by Muziekcentrale Adams b.v.
Article 2. Offers/agreements
2.1 All offers made by Muziekcentrale Adams b.v are without obligation. Muziekcentrale Adams b.v. is entitled to change prices, especially when this is necessary by virtue of (legal) stipulations. If the prices of the offered products and services rise between the moment you place your order and the execution of the order by Muziekcentrale Adams b.v., you are entitled to cancel the order or to dissolve the agreement within twenty-one (21) days of Muziekcentrale Adams b.v. having notified you of the price increase.
2.2 An agreement is formed only if Muziekcentrale Adams b.v. has accepted your order. Muziekcentrale Adams b.v. is entitled to refuse orders, stating the reasons, or to attach special conditions to the delivery. If your order is not accepted, you will be notified within ten (10) working days.
Article 3. Prices and payment
3.1 The stated prices for the offered products and services are in Euros, inclusive of VAT and exclusive of handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2 For orders with a delivery address in the Netherlands, you must pay the amount owed (without discount or compensation) within fourteen (14) days of the invoice date. For orders with a delivery address outside the Netherlands, you must pay the amount owed within twenty-one (21) days of the invoice date, unless agreed otherwise in writing. In all cases, the invoice date coincides with the delivery date.
3.3 You can pay via one of the payment methods offered during the ordering process. Further (payment/ordering) conditions may be attached to your order. In the event of payment by bank or giro, the date on which the bank or giro account of Muziekcentrale Adams b.v. is credited will be regarded as the date of payment.
3.4 If you exceed the payment terms, you are in default from the date on which payment should have been made, and from that day onwards you will owe default interest at 1% per month or part of a month on the outstanding amount. If your payment is made following a demand from Muziekcentrale Adams b.v., you owe a sum of twenty-one Euros sixty-nine (€ 22.69) in administration costs, and if Muziekcentrale Adams b.v. outsources its claim for collection, you will also owe the collection costs. These collection costs will be at least fifteen percent (15%) of the outstanding amount, but Muziekcentrale Adams b.v. reserves the right to claim the extrajudicial collection costs actually incurred.
3.5 If you fail to pay in time or in full, Muziekcentrale Adams b.v. is entitled to suspend or dissolve the agreement in question and any agreements related to it.
Article 4. Delivery
4.1 The delivery times given on the website are indicative. Your order is sent to you as soon as possible yet within thirty (30) working days, unless indicated otherwise by Muziekcentrale Adams b.v. You will be notified of the latter in a timely fashion. You are in that case entitled to dissolve the agreement free of charge until the moment of delivery. The delivery term being exceeded does not entitle you to compensation.
4.2 Delivery is made the moment the products are presented at the delivery address given.
Article 5. Retention of title
5.1 Ownership of the delivered products transfers to you only when you have paid the money owed. The risk in respect of the products will pass to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights to the products supplied by Muziekcentrale Adams b.v.
6.2 Muziekcentrale Adams b.v. cannot guarantee that the products delivered to you will not infringe any (unwritten) third-party intellectual and/or industrial property right.
Article 7. Complaints and liability
7.1 You must check the products supplied immediately upon receipt. You must notify Muziekcentrale Adams b.v. in writing, supported by reasons, of any defects within a reasonable time after having discovered them. A reasonable time is taken to mean a period of two (2) weeks after you discovered the defect or should have reasonably discovered it. Failure to complain in time will lead to a loss of your right to recovery, dissolution and/or compensation.
7.2 If it has been demonstrated that a products fails to comply with the agreement, Muziekcentrale Adams b.v. will repair the product free of charge or replace the product, after it has been returned, with a new version, or repay the invoice price plus relevant shipping costs.
7.3 If, for whatever reason, you do not wish to purchase the product, you have the right to return the product to Muziekcentrale Adams b.v. within seven (7) days of delivery and to dissolve the agreement. In this case, return shipments are accepted only if the packaging of the product is not damaged and the plastic seal has not been broken. If you have already paid for the product in question, Muziekcentrale Adams b.v. will refund you the money within thirty (30) days. The immediate costs for returning the products will be at your expense.
Article 8. Orders/communication
8.1 Muziekcentrale Adams b.v. cannot be held liable for misunderstandings, damage, delays or incomplete conveyance of orders and messages as a result of using the Internet or other means of communication between yourself and Muziekcentrale Adams b.v., or between Muziekcentrale Adams b.v. and third parties, unless it concerns intent or gross negligence on the part of Muziekcentrale Adams b.v.
Article 9. Various
9.1 You cannot derive any rights from the fact that Muziekcentrale Adams b.v. may apply these Terms and Conditions flexibly.
9.2 If one or more of the provisions of these Terms and Conditions or any other agreement with Muziekcentrale Adams b.v. should conflict with any applicable statutory provisions, the relevant provision will become void, and the parties are obliged to replaced void or voided provisions with valid provisions whose purport reflects that of the void or voided provision as closely as possible.
9.3 Muziekcentrale Adams b.v. is entitled to engage third parties for the execution of your order(s).
9.4 In the event of force majeure, without prejudice to any of its other rights, Muziekcentrale Adams b.v. has the right to suspend execution of your order or, if the situation of force majeure is not temporary, to dissolve the agreement without judicial intervention by notifying you of this in writing.
Article 10. Applicable law and competent court
10.1 All rights, obligations, offers, orders and agreements which these General Terms and Conditions apply to are governed solely by Dutch law.
10.2 Any disputes between the parties will be submitted exclusively to the competent court in the Netherlands.
Muziekcentrale Adams b.v.
6014 DA Ittervoort (the Netherlands)
Tel.: +31 (0)475 56 07 00
Chamber of Commerce no. 13023695
VAT no. NL006912175B01