Article 1 Definitions
In these conditions:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
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. Distance contract: an agreement in the context of a by the entrepreneur organized system for distance selling of products and / or services, up to and including it conclusion of the agreement exclusively using one or more techniques for distance communication;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time met;
5. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. 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;
9. Durable data carrier: any means that enables the consumer or entrepreneur to information that is addressed to him personally, to be stored in a way that enables future consultation and unaltered reproduction of the stored information.
Article 2 Identity of the entrepreneur
- Janssen Music
- Dr. Ir. Bungestraat 35
- 6419 BV Heerlen
- +31 06 42511308
- Chamber of Commerce: 18.104.22.168
- VAT-identification number: NL 1596.88.401.B01
Article 3 Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to each established distance contract 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 by the entrepreneur and 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 conditions can be electronic way be made available to the consumer in such a way that it can be easily stored in a sustainable way by the consumer data carrier. If this is not reasonably possible, before the distance contract is concluded, the true conditions of the general conditions are indicated electronically can be consulted and sent to the consumer electronically or on request otherwise will be sent free of charge.
4. In the event that in addition to these general terms and conditions, specific product or conditions apply, the second and third paragraphs are similar application and the consumer can always act in the event of conflicting general terms and conditions rely on the applicable provision that is most favorable to him.
Article 4 The agreement
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 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 has not been confirmed, 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 for a secure web environment. If the consumer can pay electronically, the entrepreneur appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform 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. The entrepreneur will send the following information in writing to the product or service:
Details of the company where the consumer can go with complaints.
6. If the entrepreneur has committed himself to supplying a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 5 Right of withdrawal
1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this 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.
Article 6 Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible, but no later than 30 days after the return or cancellation, refund.
Article 7 Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly in the offer, at least in time for the close of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: which have been established by the entrepreneur in accordance with the specifications of the consumer;
that are clearly personal in nature; (such as personalized items)
which can not be returned due to their nature; (such as digital items)
Article 8 The price
1. During the period mentioned in the offer, the prices of the offered products and / or services are not increased, except for price changes as a result of 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 permitted if the entrepreneur has stipulated this and: these are the result of statutory regulations or provisions; or the consumer has the authority to terminate the contract by the day on which the price increase takes effect.
5. The prices mentioned in the product offer are inclusive of VAT.
Article 9 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.
2. An arrangement offered by the entrepreneur, manufacturer or importer as guarantee does not affect the rights and claims that the consumer can assert to the entrepreneur in respect of a shortcoming in the performance of the obligations of the entrepreneur by virtue of the law and / or the distance contract.
Article 10 Delivery and execution
1. The trader 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 company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur the amount that the consumer paid as soon as possible but no later than 30 days after termination.
5. 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 can not be excluded. The costs of return shipment are for the account of the entrepreneur.
6. The risk of damage and / or loss of products is up to the moment of delivery to the consumer at the entrepreneur, unless expressly agreed otherwise.
Article 11 Payment
1. Insofar as not later agreed, the amounts owed by the consumer must first be paid before the order is processed.
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 Intellectual property
1. Copyright and any other intellectual property rights on sheet music, equipment, software or documentation remain the property of Janssen Music. The other party obtains at most a right of use.
2. It is expressly prohibited under the Dutch Copyright Act to copy sheet music without permission from the copyright holders.
3. Consumers keep to the best of their ability each year when, where, by whom and how often the works on which this agreement is seen, are executed in so-called play lists (cue sheets).
4. At the request of Janssen Music, playlists (cue sheets) in which works to which this agreement relates are sent by consumers to Janssen Music.
Article 14 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 within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered 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 period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 15 Additional or different provisions
Additional or different conditions from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing.
Article 16 Changes to the general terms and conditions
1. Janssen Music reserves the right to change these general terms and conditions or to bring them into line with laws and regulations applicable at that time.
2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an offer the most favorable provision for the consumer will prevail.
Article 17 Expiry period
Unless otherwise provided in these general terms and conditions, rights of claim and other powers of interested parties for whatever reason vis-à-vis Janssen Music in connection with the performance of activities by Janssen Music will in any case lapse after one year (twelve months) after the moment that the interested parties became known or reasonably aware of the existence of these rights and powers.
Article 18 Language
The Dutch text of these general conditions is decisive for its explanation.
Article 19 Applicable law and choice of forum
1. Only Dutch law applies. The Vienna Sales Convention is explicitly excluded.
2. Disputes will only be settled by the competent judge in the District where Janssen Music is located. Janssen Music has the right to also address the competent judge of the consumer’s home / place of business.
Heerlen, 15 September 2018