Gepubliceerd: 07-06-2016 15:06
General Terms and Conditions of Webshop
ARTICLE 1 DEFINITIONS In these General Terms and Conditions the following terms shall be capitalized. These terms shall mean:
‘Reflection period’: the period within which the Customer may use its right of withdrawal.
'Right of withdrawal': the option of the Customer to withdraw from the distance agreement within the reflection period.
Demis Roussos Museum, a museum, with its authorised registered office in Nijkerk and located at Oude Barneveldseweg 65/B, 3862PS in Nijkerk, registered in the Trade Register of the Chamber of Commerce under number 32084299
'Customer’: a natural person not acting in the exercise of a profession or business who concludes a distance Agreement with Demis Roussos Museum or a natural person acting in the exercise of a profession or business who concludes a distance Agreement with the Demis Roussos Museum.
‘Agreement’: any agreement concluded between the Demis Roussos Museum and the Customer in the context of an organized distance sales or service system without the simultaneous physical presence of the Demis Roussos Museum and Customer and which, up to and including the moment at which the agreement is concluded, makes exclusive use of one or more means of distance communication.
‘Acknowledgement of receipt': the acknowledgment of receipt, as defined in Article 3.2 of these Terms and Conditions.
‘Product(s)’: the Product or Products that at the conclusion of an Agreement between the Demis Roussos Museum and the Customer by or through the Demis Roussos Museum Webshop shall or should be delivered to the Customer within an agreed period, for which Customer shall pay a certain price;
‘Terms and Conditions’: these general terms and conditions of webshop.
'Website': www.demisroussosmuseum.nl, where the Demis Roussos Museum sells products to both national and international customers.
ARTICLE 2 SCOPE
2.1 These Terms and Conditions apply to all distance offers, orders and Agreements concluded with the Customer through the Website of the Demis Roussos Museum and where the Demis Roussos Museum is the supplier. The Customer expressly accepts these Terms and Conditions when concluding an Agreement between the Customer and the Demis Roussos Museum, through the procedure as described in Article 3 of these Terms and Conditions.
2.2 Before the distance Agreement is concluded, the text of these Terms and Conditions shall be made available to the Client in such a way that it can be easily stored on a durable data carrier by the Customer.
2.3 Deviations from the provisions of these Terms and Conditions may only take place with the written approval of the Demis Roussos Museum, in which case the other provisions of these Terms and Conditions shall remain in full force.
2.4 All rights and claims, as stipulated in these Terms and Conditions and in any further Agreements on behalf of the Demis Roussos Museum, are also stipulated on behalf of intermediaries and other third parties engaged by the Demis Roussos Museum.
2.5 The Demis Roussos Museum has the right to change these Terms and Conditions and the content of its Website.
ARTICLE 3 OFFERS/AGREEMENTS
3.1 If the Demis Roussos Museum should increase the purchase price of the product pursuant to a statutory regulation or a final and nonappealable court ruling, it will notify the Customer of this immediately in writing (by letter or e-mail). The Customer shall, in such case, be entitled to terminate this Agreement by giving written notice to the Demis Roussos Museum (by letter or e-mail) The Demis Roussos Museum is not bound by its offer in the event of printing, typographical or programming errors in its catalogues, mailings or on the Website. The Demis Roussos Museum is not liable for the consequences of inaccurate or incomplete information in its catalogues, mailings or on the Website.
3.2 The Agreement is concluded at the time of acceptance by the Customer of the offer and the fulfilment of the corresponding conditions. If the Customer has accepted the offer electronically, the Demis Roussos Museum shall immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed, the Customer may terminate the Agreement.
3.3 The Demis Roussos Museum may investigate, within the statutory parameters, whether the Customer can meet its payment obligations and investigate all those facts and factors that are important for the responsible conclusion of a distance Agreement. If the Demis Roussos Museum on the basis of this investigation has sound reasons for not entering into the Agreement, it is entitled to refuse an order or request giving reasons or to attach special conditions to the performance of the Agreement.
3.4 The Acknowledgement of receipt shall in each case contain the following information:
(a) a description of the Product that is purchased by the Customer and the number of Products purchased by the Customer;
(b) the price of the Product(s), including taxes;
(c) the name, residential address, delivery address of the Customer(s) where the Product(s) should be sent, billing address (if different from the residential address and/or delivery address), e-mail address and telephone number of the Customer;
(d) any costs of delivery;
(e) the order number of the Agreement.
3.5 The Agreement contains all arrangements made between the Customer and the Demis Roussos Museum and replaces all previous Agreements, schemes and/or arrangements between the Customer and the Demis Roussos Museum.
3.6 The administration of the Demis Roussos Museum applies as evidence, subject to evidence to the contrary, of the Orders placed by the Customer to the Demis Roussos Museum, of payments made and of deliveries carried out by the Demis Roussos Museum. The Demis Roussos Museum recognizes that electronic communication can serve as evidence. By accepting these Terms and Conditions, this is also recognized by the Customer.
ARTICLE 4 RIGHT OF WITHDRAWAL
4.1 After the Customer has received the Products ordered by it, the Customer is entitled to terminate the underlying Agreement with the Demis Roussos Museum within 14 calendar days after receipt of this Product. The Customer is not required to give a reason for this. This provision does not apply to Products:
a. that are altered by the Demis Roussos Museum in accordance with the Customer's specifications;
b. that are clearly of a personal nature;
c. that by their nature cannot be returned;
d. that quickly become obsolete or spoil;
e. for which the price depends on fluctuations in the financial market, over which the Demis Roussos Museum has no influence;
f. such as individual newspapers and magazines;
g. such as audio and video recordings and computer software of which the Customer has broken the seal;
4.2 If the Customer wishes to terminate the Agreement pursuant to Article 6.1 of these Terms and Conditions, the Customer should inform the Demis Roussos Museum of this in writing (by e-mail or letter). The Customer is required to return the Product to the Demis Roussos Museum as soon as possible or within 14 calendar days. The Customer must bear the cost and risk of returning the Product.
4.3 The payments made by the Customer at the time that the Customer cancels the Agreement with the Demis Roussos Museum, pursuant to Articles 6.1 and 6.2 of these Terms and Conditions, shall be repaid by the Demis Roussos Museum to the Customer within 14 calendar days after the Demis Roussos Museum has been informed of the decision by the Customer to cancel the Agreement, including delivery charges (but excluding any additional costs resulting from the choice of the Customer for a different delivery than the cheapest standard delivery provided by the Demis Roussos Museum). Repayment shall be made by the same method of payment used by the Customer in the original transaction, unless the Customer has explicitly agreed otherwise; in both cases no fee will be charged to the Customer for such repayment.
4.4 If a Product is returned that, in the opinion of the Demis Roussos Museum, has suffered damage or has been reduced in value as a result of the treatment of the Product(s) which exceeded that which was necessary to determine the nature, characteristics and functioning of the Product(s), then the Demis Roussos Museum shall notify the Customer of this in writing (by letter or e-mail). The Demis Roussos Museum is entitled to deduct the reduction in value of the Product as a result of this damage from the amount payable to the Customer
ARTICLE 5 GENERAL
5.1 The Customer must respect all intellectual property rights of the Product delivered by the Demis Roussos Museum.
ARTICLE 6 COMPLAINTS
6.1 All complaints related to the delivery, quality and condition of the Product or any other complaint shall be dealt with by the Demis Roussos Museum.
6.2 The Customer must make a complaint known to the Customer Service department of the Demis Roussos Museum (details are listed in Article 6 of these Terms and Conditions).
6.3 The Demis Roussos Museum shall attempt to resolve the complaint within 14 calendar days. If a complaint requires a foreseeably longer time for processing, the Demis Roussos Museum shall inform the Customer of this within the period of 14 calendar days after receipt of the complaint and indicate when the Customer can expect to receive a more detailed response. The Demis Roussos Museum shall inform the Customer of this in writing (by letter or e-mail).
ARTICLE 7 PRIVACY
7.1 The Demis Roussos Museum respects the privacy of the Customers of its site and ensures that the personal data provided to the Demis Roussos Museum is kept confidential. The Demis Roussos Museum acts hereby in accordance with the relevant provisions of the Data Protection Act (Wet Bescherming Persoonsgegevens). The Demis Roussos Museum uses the personal data to process orders as quickly and easily as possible and provide Customers with the most complete service possible through the Customer Service department. Furthermore, the Demis Roussos Museum shall not sell or trade any data provided to it to third parties. The data of the Customer shall only be made available to third parties that are directly involved in carrying out the order.
7.2 The Demis Roussos Museum has registered the processing of personal data with the Data Protection Authority (College Bescherming Persoonsgegevens), under number .... More information about the Data Protection Authority and privacy can be found at http://www.cbpweb.nl.
7.3 The Customer may inspect his or her personal data at any time by submitting a written request (by letter or e-mail) to this effect to the Demis Roussos Museum, webshop department. In such case, the Demis Roussos Museum shall provide the Customer with an overview of his/her personal data held by the Demis Roussos Museum webshop within 4 weeks. If the Customer believes that his or her personal data should be corrected, supplemented, deleted or protected because it is factually incorrect, is irrelevant for the above purpose or is processed in violation of a statutory regulation, the Customer should notify the Demis Roussos Museum of this in writing (by letter or e-mail), in which the Customer indicates that his or her personal data should be corrected, supplemented, deleted or protected. If the Customer wishes his or her personal data to be improved and/or supplemented, the Customer shall include these improvements/additions to his or her personal data in its notification. In all cases, the Demis Roussos Museum shall immediately comply with the instructions of the Customer, unless the Demis Roussos Museum is unable to do so. In such case, the Demis Roussos Museum shall remove the personal data of the Customer from its file(s). The Demis Roussos Museum shall instruct any third parties, to whom the personal data of the Customer has been provided, to process any changes, protection or deletion of the personal data of the Customer.
ARTICLE 8 THE EUR CUSTOMER SERVICE DEPARTMENT
All correspondence based on these Terms and Conditions should take place with:
BR Music B.V. inzake Demis Roussos Museum
Oude Barneveldseweg 65/B
3862PS Nijkerk, The Netherlands
ARTICLE 9 APPLICABLE LAW, MEDIATION AND DISPUTES
9.1 All Agreements concluded with the Demis Roussos Museum are governed by Dutch law.
9.2 In principle, the courts have jurisdiction to hear disputes between the parties unless the parties agree otherwise.
9.3 In the event of a conflict between the Demis Roussos Museum and a Customer, a natural person acting in the exercise of a profession or business, then the Dutch Court is authorised to take cognizance of the dispute.
9.4 In the event of a conflict between the Demis Roussos Museum and a natural person not acting in the exercise of a profession or business, then a court located in the capital of the country where the individual has his actual residence has jurisdiction.