GENERAL TERMS AND CONDITIONS

 

 

Table of Contents

 

Article 1 – Definitions

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

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 – Long-Term Transactions: Duration, Termination, and Renewal

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

 

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Reflection period: the period within which the consumer may exercise his right of withdrawal;
2. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term contract: a distance contract concerning a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to terminate the distance contract within the reflection period;
7. Model withdrawal form: the model withdrawal form that the entrepreneur makes available and that a consumer can fill in when he wishes to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusively or partly using one or more means of distance communication;
10. Means of distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 – Identity of the Entrepreneur

JBIT-projects

Chamber of Commerce number: 82235058

VAT number: NL002588240B75

admin@myinstoremusic.com

 

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and they will be sent to the consumer free of charge upon request as soon as possible.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 inspected electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced in mutual consultation as soon as possible by a provision that approaches the purport of the original as much as possible.
6. Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.

 

Article 4 – The Offer

1. If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a truthful representation of the offered products. The 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:

o the price including taxes;

o any costs of delivery;

o the way in which the agreement will be concluded and which actions are necessary for this;

o whether or not the right of withdrawal applies;

o the method of payment, delivery, and execution of the agreement;

o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

o the level of the tariff for communication at a distance if the costs of using the technique for communication at a distance are calculated on a basis other than the regular basic rate for the used communication medium;

o whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;

o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;

o the languages in which, in addition to Dutch, the agreement can be concluded;

o the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance agreement in the case of a continuous performance contract.

 

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
4. The entrepreneur can inform himself within statutory frameworks 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 agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing, or in such a way that the consumer can store it in an accessible manner on a durable medium:

o the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

o the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

o the information about guarantees and existing after-sales service;

o the data 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;

o the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

Article 6 – Right of Withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during 14 days. This reflection period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent 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 supplied 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.

When providing services:

1. When providing services, the consumer has the option to dissolve the agreement without giving any reason during at least 14 days, starting on the day of entering into the agreement.
2. 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 upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer makes use of his right of withdrawal, he will be responsible for, at most, the cost of returning the goods.
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 withdrawal. This is conditional on the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
3. The entrepreneur will refund the same payment method that the consumer has used unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

 

Article 8 – Exclusion of Right of Withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for as far as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this 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:

o that have been created by the entrepreneur in accordance with the consumer’s specifications;

o that are clearly of a personal nature;

o that cannot be returned due to their nature;

o that can spoil or age quickly;

o the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

o for individual newspapers and magazines;

o for audio and video recordings and computer software of which the consumer has broken the seal.

1. Exclusion of the right of withdrawal is only possible for services:

o relating to accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;

o the delivery of which has started with the express consent of the consumer before the consideration period has expired;

o regarding betting and lotteries.

1. Exclusion of the right of withdrawal is only possible for digital products:

o that are supplied with the express consent of the consumer before the consideration period has expired;

o where the consumer has stated that he loses his right of withdrawal when giving his consent; and

o for which the entrepreneur has confirmed the consumer’s statement.

 

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 that are beyond the entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

o they are the result of statutory regulations or provisions; or

o the consumer has the authority to cancel the agreement from the day the price increase takes effect.

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

6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement. 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 on the basis of the agreement.
3. The warranty does not apply if:

   – the consumer has repaired and/or processed the delivered products themselves, or has had them repaired and/or processed by third parties;

   – the delivered products have been exposed to abnormal conditions or otherwise treated carelessly, or are in violation of the instructions provided by the entrepreneur and/or indicated on the packaging;

   – the defect is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed, or only partially, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
3. All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a period does not entitle the consumer to compensation.
4. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination

1. The consumer can terminate an agreement entered into for an indefinite period and which relates to the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of up to one month.
2. The consumer can terminate an agreement entered into for a definite period and which relates to the regular delivery of products (including electricity) or services at any time at the end of the specified term, observing the agreed termination rules and a notice period of up to one month.
3. The consumer can terminate the agreements mentioned in the preceding paragraphs:

– at any time without being limited to termination at a specific time or during a specific period;

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

– always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. An agreement entered into for a definite period and which relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
2. In deviation from the previous paragraph, an agreement entered into for a definite period and which relates to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.
3. An agreement entered into for a definite period and which relates to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate at any time with a notice period of up to one month and a notice period of up to three months in case the agreement relates to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall end automatically upon expiry of the trial or introductory period.

Duration

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

 

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

 

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, 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 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
5. In case of complaints, a consumer should first contact the entrepreneur. I It is also possible to submit 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 justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products at no cost.

 

Article 15 – Disputes

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 resides abroad.
2. The Vienna Sales Convention does not apply.

 

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable data carrier.

 

General

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MyinstoreMusic December 14, 2023