General terms and conditions

Translation notice: this is a translation of the Dutch general terms and conditions of Audiofrenzy B.V., provided for convenience only. The Dutch text is the authentic text and prevails in the event of any difference or doubt about interpretation. Dutch law applies to these terms and conditions and to every contract to which they apply. No rights can be derived from this translation. Mandatory consumer protection rules of the country where you live remain unaffected.

These general terms and conditions apply to every offer made by Audiofrenzy B.V. and to every distance contract concluded between Audiofrenzy B.V. and you as a consumer.

Article 1 — Definitions

In these terms and conditions, the following definitions apply:

1.Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

2.Cooling-off period: the period within which the consumer may exercise the right of withdrawal;

3.Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;

4.Day: calendar day;

5.Digital content: data which are produced and supplied in digital form;

6.Continuing contract: a contract for the regular supply of goods, services and/or digital content over a certain period;

7.Durable medium: any means – including e-mail – that enables the consumer or the trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information, and that allows the unchanged reproduction of the stored information;

8.Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

9.Trader: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;

10.Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, where, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;

11.Model withdrawal form: the European model withdrawal form set out in Appendix I to these terms. Appendix I does not need to be made available if the consumer has no right of withdrawal in respect of their order;

12.Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader having to be in the same room at the same time.

Article 2 — Identity of the trader

Audiofrenzy B.V.

Hoenderstraat 3, 6211 EL Maastricht

Telephone number: 043-7370028 [Tuesday to Friday from 10:30 to 17:30 and on Saturday from 10:00 to 17:00]

Email address: info@audiofrenzy.nl

Chamber of Commerce (KvK) number: 80723136

VAT identification number: NL861774917B01

Article 3 — Applicability

1.These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the 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, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

3.If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it 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 viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, at the consumer's request.

4.If, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 — The offer

1.If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

2.The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

3.Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 4a — Mistakes and changes

1.Obvious mistakes or errors in the offer, including in prices, texts and images, do not bind the trader, even if the order has already been confirmed. The trader may then cancel the order or perform it at the correct price. In the latter case the consumer may dissolve the contract. Amounts already paid will be refunded without delay.

2.Changes to prices, range, specifications and delivery times on the website apply to orders placed after the change. For a confirmed order the agreed price remains in force, subject to Article 11.

3.The trader may refuse or cancel an order if there is obvious abuse, for example deliberately exploiting an obvious error. Amounts already paid will then be refunded.

4.Product information comes from manufacturers and may change without prior notice. Colours may differ due to screen display.

Article 5 — The contract

1.Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

2.If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance electronically without delay. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the contract.

3.If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.

4.Within the limits of the law, the trader may inform itself whether the consumer is able to meet their payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

5.At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

a.the visiting address of the trader's establishment where the consumer can go with complaints;

b.the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice that the right of withdrawal is excluded;

c.information about guarantees and existing after-sales service;

d.the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;

e.the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;

f.if the consumer has a right of withdrawal, the model withdrawal form.

6.In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 — Right of withdrawal

For products:

1.The consumer may dissolve a contract relating to the purchase of an online product during a cooling-off period of 30 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).

2.The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

a.if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may, provided it has clearly informed the consumer of this before the ordering process, refuse an order for several products with different delivery times.

b.if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;

c.for contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:

3.The consumer may dissolve a services contract and a contract for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).

4.The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer is not informed about the right of withdrawal:

5.If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

6.If the trader has provided the information referred to in the previous paragraph to the consumer within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information

Article 7 — Consumer's obligations during the cooling-off period

1.During the cooling-off period the consumer will handle the product and its packaging with care. The consumer will unpack or use the product only to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

2.The consumer is liable only for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

3.The consumer is not liable for any diminished value of the product if the trader has not provided them, before or at the conclusion of the contract, with all legally required information about the right of withdrawal.

Article 8 — Exercising the right of withdrawal and the costs involved

1.If the consumer exercises the right of withdrawal, they will notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

2.As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product itself. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.

3.The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

4.The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5.The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer has to bear these costs, or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.

6.If the consumer withdraws after having expressly requested that the performance of the service, or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity, begin during the cooling-off period, the consumer owes the trader an amount proportionate to that part of the obligation that the trader has performed at the time of withdrawal, compared with full performance of the obligation.

7.The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

a.the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation on withdrawal or the model withdrawal form; or

b.the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

8.The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:

a.prior to its supply they have not expressly agreed to the performance of the contract beginning before the end of the cooling-off period;

b.they have not acknowledged losing their right of withdrawal when giving their consent; or

c.the trader has failed to confirm this statement by the consumer.

9.If the consumer exercises the right of withdrawal, all ancillary contracts are dissolved by operation of law

Article 9 — Trader's obligations on withdrawal

1.If the trader makes it possible for the consumer to give notice of withdrawal electronically, the trader will send an acknowledgement of receipt without delay after receiving such notice.

2.The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product itself, it may wait with the reimbursement until it has received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.

3.For the reimbursement the trader uses the same means of payment that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

4.If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.

Article 10 — Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded:

1.Products or services whose price is subject to fluctuations on the financial market over which the trader has no influence and which may occur within the withdrawal period;

2.Contracts concluded during a public auction. A public auction is understood to mean a method of sale in which products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

3.Service contracts, after the service has been fully performed, but only if:

a.performance has begun with the consumer's express prior consent; and

b.the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the contract;

4.Package travel as referred to in Article 7:500 of the Dutch Civil Code (BW) and contracts for passenger transport;

5.Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the carriage of goods, car rental services and catering;

6.Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;

7.Products made to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

8.Products that spoil quickly or have a limited shelf life;

9.Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;

10.Products which, after delivery, by their nature are inseparably mixed with other products;

11.Alcoholic beverages whose price was agreed when the contract was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;

12.Sealed audio and video recordings and computer software whose seal has been broken after delivery;

13.Newspapers, periodicals or magazines, with the exception of subscriptions to them;

14.The supply of digital content other than on a tangible medium, but only if:

a.performance has begun with the consumer's express prior consent; and

b.the consumer has declared that they thereby lose their right of withdrawal.

Article 11 — Price

1.During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

2.Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are indicative prices will be stated in the offer.

3.Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

4.Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

a.they result from statutory regulations or provisions; or

b.the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

5.The prices stated in the offer of products or services include VAT.

Article 12 — Conformity and additional guarantee

1.The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.

2.An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has failed to perform its part of the contract.

3.An additional guarantee is understood to mean any obligation of the trader, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do if it has failed to perform its part of the contract.

Article 13 — Delivery and performance

1.The trader will observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

2.The place of delivery is the address that the consumer has made known to the trader.

3.Subject to what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the contract without costs and a right to any compensation for damages.

4.After dissolution in accordance with the previous paragraph, the trader will refund the amount the consumer has paid without delay.

5.The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 — Continuing transactions: duration, termination and renewal

Termination:

1.The consumer may terminate at any time a contract entered into for an indefinite period and aimed at the regular supply of products (including electricity) or services, observing the termination rules agreed for that purpose and a notice period of at most one month.

2.The consumer may terminate at any time before the end of the fixed term a contract entered into for a fixed period and aimed at the regular supply of products (including electricity) or services, observing the termination rules agreed for that purpose and a notice period of at most one month.

3.The consumer may, in respect of the contracts referred to in the previous paragraphs:

- terminate at any time and not be limited to termination at a particular time or in a particular period;

- terminate at least in the same manner as they were entered into;

- always terminate with the same notice period as the trader has stipulated for itself.

Renewal:

4.A contract entered into for a fixed period and aimed at the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

5.Notwithstanding the previous paragraph, a contract entered into for a fixed period and aimed at the regular supply of daily newspapers, weeklies and magazines may be tacitly extended for a fixed period of at most three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of at most one month.

6.A contract entered into for a fixed period and aimed at the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month. The notice period is at most three months if the contract is aimed at the regular, but less than once a month, supply of daily newspapers, weeklies and magazines.

7.A contract of limited duration aimed at the regular supply of daily newspapers, weeklies and magazines on a trial or introductory basis (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

8.If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 — Payment

1.Unless otherwise provided in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received confirmation of the contract.

2.In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. Where an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.

3.The consumer has a duty to report inaccuracies in the payment details provided or stated to the trader without delay.

4.If the consumer fails to meet their payment obligation(s) on time, then, after the trader has pointed out the late payment and has granted the consumer a period of 14 days to still meet their payment obligations, and payment has not been made within this 14-day period, the consumer owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from the stated amounts and percentages in favour of the consumer.

Article 16 — Complaints procedure

1.The trader has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

2.Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

3.Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

4.The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement.

Article 17 — Disputes

1.Only Dutch law applies to contracts between the trader and the consumer to which these general terms and conditions relate.

2.This choice of law does not deprive the consumer of the protection afforded to him by the mandatory provisions of the law of his country of residence.

Article 18 — Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Appendix I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

- To:
Audiofrenzy B.V.

Hoenderstraat 3

6211EL Maastricht

info@audiofrenzy.nl

- I/We* hereby give notice that, in respect of our contract concerning

the sale of the following products: [description of product]*

the supply of the following digital content: [description of digital content]*

the provision of the following service: [description of service]*,

I/we* withdraw from it*

- Ordered on*/received on* [date of order for services or of receipt for products]

- [Name of consumer(s)]

- [Address of consumer(s)]

- [Signature of consumer(s)] (only if this form is submitted on paper)

- [Date]

* Strike out what does not apply or fill in what does apply.

Download the Dutch original of these terms as a document