Terms and conditions webshop
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Article 1. Definitions
1.1. Dimitri Toonen Music: based in Hendrik-Ido-Ambacht and registered with the Chamber of Commerce under file number 24416611, trading as Dimitri Toonen Music.
1.2. Website: the Website of Dimitri Toonen Music, to be found on https://www.dimitritoonen.com and all of its subdomains.
1.3. Customer: the natural person or corporation who enters into an agreement with Dimitri Toonen Music and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between Dimitri Toonen Music and Customer of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of Dimitri Toonen Music, unless explicitly agreed otherwise in writing.
2.2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon Dimitri Toonen Music if and in so far as Dimitri Toonen Music has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 3. Prices and information
3.1. All prices posted on the Website and in other materials originating from Dimitri Toonen Music include taxes and other levies imposed by the government, unless stated otherwise on the website.
3.2. If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
3.3. The content of the Website is composed with the greatest care. Dimitri Toonen Music cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Dimitri Toonen Music are subject to obvious programming and typing errors.
3.4. Dimitri Toonen Music cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment Customer accepts the offer of Dimitri Toonen Music subject to the conditions laid down by Dimitri Toonen Music.
4.2. If Customer has accepted the offer by electronic means, Dimitri Toonen Music will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement, Customerhas provided incorrect data, Dimitri Toonen Music will have the right to postpone the Agreement until the correct data is received.
Article 5. Execution of the Agreement
5.1. As soon as Dimitri Toonen Music has received the order, it will send the products to Consumer without delay and with due regard for the provisions of paragraph 3 of this article.
5.2. Dimitri Toonen Music is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
5.3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
5.4. If Dimitri Toonen Music is unable to deliver the products within the agreed term, it will notify Consumer accordingly. In that case Consumer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
5.5. Dimitri Toonen Music advises Consumer to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
5.6. The risks associated with the products will transfer to Consumer as soon as the products are delivered at the agreed delivery address.
5.7. If the ordered product can no longer be supplied, Dimitri Toonen Music is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, Consumer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.
Article 6. Right of withdrawal/return
6.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. Business Consumers therefore have no right of withdrawal.
6.2. Consumer will have the right to dissolve the distance Agreement with Dimitri Toonen Music within 14 days after receiving the product, free of charge and without stating reasons.
6.3. The term commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
· if the delivery of a product involves different deliveries or parts: the day on which Consumer, or a third party designated by Consumer, received the last delivery or the last part;
· with contracts for the regular delivery of products during a given period: the day on which Consumer, or a third party designated by Consumer, received the last product;
· if Consumer has ordered several products: the day on which Consumer, or a third party designated by Consumer, received the last product.
6.4. Only the direct costs incurred for the return shipment are for Consumer’s account. This means that Consumer will have to pay the costs of returning the product. Any shipping costs paid by Consumer and the purchase price paid for the product will be refunded to Consumer if the entire order is returned.
6.5. During the withdrawal period referred to in paragraph 1, Consumer will treat the product and its packaging with the utmost care. Consumer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.
6.6. Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted.
6.7. Consumer can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to Dimitri Toonen Music, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If Dimitri Toonen Music makes it possible for Consumer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, Dimitri Toonen Music sends immediate confirmation of receipt.
6.8. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, Consumer shall return the product, or hand it over to (a representative of) Dimitri Toonen Music. Consumer can send the product directly to Dimitri Toonen Music without a notice of withdrawal in advance within the period as mentioned in paragraph 1. Consumer must, in this case, include a written notice of withdrawal, such as the model form.
Products can be returned to the following address:
Dimitri Toonen Music
De Liesewey 49
6.9. Any amounts already paid by Consumer (in advance) will be refunded to Consumer as soon as possible, and in any case within 14 days after dissolution of the Agreement. If Consumer chose an expensive method of delivery in preference to the cheapest standard delivery, Dimitri Toonen Music does not have to refund the additional costs of the more expensive method. Except in cases in which Dimitri Toonen Music has offered to retrieve the product himself, he can postpone refunding until he has received the product or until Consumer proves he has returned the product, depending on which occurs earlier.
6.10. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
6.11. The right of withdrawal does not apply to:
· The delivery of digital content other than on a material medium, but only if the delivery commenced with Consumer explicit prior agreement, and Consumer declared that this implied his having lost his right of withdrawal;
· Audio and video recordings and computer software whose seal the consumer has broken.
Article 7. Payment
7.1. Customer shall pay the amounts due to Dimitri Toonen Music in accordance with the ordering procedure and any payment methods indicated on the Website. Dimitri Toonen Music is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery.
Article 8. Warranty and conformity
8.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. If Dimitri Toonen Music gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Consumers.
8.2. Dimitri Toonen Music guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Dimitri Toonen Music also guarantees that the product is suitable for other than normal use.
8.3. If the delivered product is not in conformity with the Agreement, Consumer must inform Dimitri Toonen Music within a reasonable period of time after he has discovered the defect.
8.4. If Dimitri Toonen Music deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with Consumer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Consumer for the product.
Article 9. Complaints handling procedure
9.1. If Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Dimitri Toonen Music’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
9.2. Dimitri Toonen Music will respond to the complaint as soon as possible, and in any case within 30 days after having received it. If it is not yet possible for Dimitri Toonen Music to formulate a substantive reaction to the complaint by that time, Dimitri Toonen Music will confirm receipt of the complaint within 30 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer’s complaint.
9.3. If Customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 10. Personal details
10.1. Dimitri Toonen Music will process the Consumer’s personal details in accordance with the privacy statement, which can be found at https://www.dimitritoonen.com/privacy-statement.
Article 11. Final provisions
11.1. This agreement is governed by the laws of the country of establisment of the webshop.
11.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Dimitri Toonen Music has its registered office.
11.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
11.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
Dimitri Toonen Music
De Liesewey 49
Email: [email protected]
Chamber of Commerce: 24416611