General Terms and Conditions
General Terms and Conditions of Neophyte shop
Our Terms and Conditions stated below are at all times applicable if you use any services offered by us or in case you place an order. The general Terms and Conditions include important information for you as a buyer. We therefore ask you to please read them carefully. We recommend that you save or print these conditions so you can consult them again at a later time.
Article 1. Definitions
- A&A Music: A&A music B.V., established at Transistorstraat 101, 1322 CL in Almere and registered with the Chamber of Commerce under number 39077920.
- Account: the online environment to be used by Customers on A&A Music’s website.
- General Terms and Conditions: these General Terms and Conditions.
- Consumer: the natural person who does not act in the exercise of a profession or company and has an agreement with A&A Music and/or has registered on the Website.
- Customer: Consumer and Business Customer jointly.
- Agreement: Any arrangement or agreement between A&A Music and the Customer, which these Terms and Conditions form part of.
- Website: A&A Music’s Website, to be consulted on neophyteshop.com including all associated (sub)domains.
- Business Customer: the natural or legal person who, while acting in the pursuit of a profession or company, concludes an Agreement with A&A Music and/or has registered on the Website.
Article 2. Applicability of Terms and Conditions
- All offers, agreements and deliveries of A&A Music are subject to the general Terms and Conditions, unless expressly agreed otherwise in writing.
- If the Customer adopts provisions and conditions in his order, confirmation or communication for acceptance that deviate from, or are not included in the General Terms and Conditions, these shall only be binding for A&A Music if and to the extent they have been expressly accepted by A&A Music in writing.
- In the event that specific terms and conditions for products or services apply in addition to these General Terms and Conditions, those terms shall also apply, however, in the event of conflicting terms and conditions, the Customer may at all times invoke the applicable provision which is most to his benefit.
Article 3. Registration
- In order to make the best use of the Website, the Customer can register via the registration form/the account login option on the Website.
- During the registration process, the Customer chooses a username and password that allows him to log on to the Website after registering. The Customer is responsible for choosing a sufficiently reliable password.
- The Customer must keep his login details, username and password strictly confidential. A&A Music is not liable for misuse of the login data and can at all times assume that a Customer who logs in on the Website is actually that Customer. Any actions through the Customer's Account are the responsibility and risk of the Customer.
- If the Customer knows or suspects that his login data have been held by unauthorized persons, he must change his password as soon as possible and/or notify A&A Music, so that A&A music can take appropriate measures.
Article 4. Prices and information
- All prices quoted on the Website are inclusive of VAT and, unless otherwise stated on the Website, other levies imposed by the public authorities.
- If shipping costs are charged, this will be clearly stated in good time before the conclusion of the agreement. In addition, these costs will be displayed separately in the ordering process.
- The content of the Website has been compiled with the utmost care. A&A Music, however, cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and other materials derived from A&A Music are therefore subject to manifest programming and typing errors.
- A&A Music cannot be held responsible for (color) deviations due to display quality.
Article 5. Conclusion of the agreement
- The agreement is concluded at the time of acceptance by the Customer of the offer of A&A Music and compliance with the relevant conditions laid down by A&A music.
- If the Customer has accepted the offer electronically, A&A Music shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to terminate the agreement.
- If it turns out that the Customer has provided incorrect information when accepting or otherwise entering into the agreement, A&A Music shall have the right to fulfil its obligation only after the correct information has been received.
- A&A Music may verify within the legal frameworks that the Customer is sufficiently solvent regarding its payment obligations, yet also of all facts and factors relevant to a responsible conclusion of the agreement. If A&A Music has good reasons on the basis of this investigation not to enter into the agreement, it is entitled to refuse a reasoned order or request or to set special conditions upon the implementation, such as prepayment Connect.
Article 6. Implementation of the Agreement
- Once the order has been received by A&A Music, A&A music will send the products as soon as possible in accordance with the provisions of paragraph 3 of this article.
- A&A Music is entitled to engage third parties in carrying out the obligations arising from the agreement.
- The website clearly describes, in good time before the conclusion of the agreement, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, the products will in any case be delivered within 30 days.
- If A&A Music cannot deliver the products within the agreed period, it shall inform the Customer accordingly. Consumers can in that case agree to a new delivery date or be given the opportunity to dissolve the agreement free of charge. Business Customers can, in consultation with A&A Music, agree on a new delivery date or the possibility is offered to dissolve the agreement free of charge.
- A&A Music advises the Customer to inspect the delivered products and to report the defects that have been demonstrated within a reasonable time, preferably in writing. Please refer to article 9 , which applies to Consumers, and article 10 which applies only to Business Customers.
- As soon as the products have been delivered at the specified delivery address, the risk transfers to the Customer. If explicitly agreed otherwise, the risk transfers to the Customer sooner. If the Customer decides to collect the products, the risk transfers to the Customer upon transfer of the products.
- A&A Music is entitled to supply a product and quality similar to that of the ordered product, if the ordered product can no longer be supplied. The Customer is in that case entitled to terminate the agreement free of charge and return the product free of charge.
Article 7. Right of withdrawal
- This article only applies if the Customer is a Consumer. Business Customers are therefore not entitled to a right of withdrawal.
- The Consumer has the right to terminate the distance agreement with A&A Music within fourteen (14) days, without stating reasons, free of charge. This right of withdrawal does not apply in the following situations:
- Delivery of audio and video recordings, such as CDs and DVDs, of which the sealing has been broken after delivery;
- Delivery of products which are not suitable for return for reasons of health protection or hygiene, for example underwear, of which the sealing has been broken after delivery;
- Delivery of custom products, for example T-shirts printed according to the specifications of the Consumer;
- Delivery of tickets for shows and festivals, because the cards relate to leisure activities in which the agreement includes a specific time or period of fulfilment.
- The withdrawal period commences the day after the Consumer, or a third party designated by him, who is not the carrier, has received the product, or:
- If the Consumer has ordered several products in one and the same order: the day after the Consumer, or a third party designated by him, has received the last product;
- If the delivery of a product consists of several shipments or parts:
The day after the Consumer, or a third party designated by him, has received the last consignment or the last part.
- The Consumer must bear the return costs. If these costs exceed the regular post rate, A&A Music will give an estimate of these costs. The shipping costs incurred by the Consumer when purchasing the product are not included in the cost of the return.
- Within the withdrawal period referred to in paragraph 2 of this article, the Consumer will handle the product and the packaging with all due care. The Consumer is not allowed to continue with the treatment of the product more than necessary to determine the nature, characteristics or performance of the product. In case of non-compliance with this provision, the Consumer is liable for the depreciation of the product.
- The Consumer may dissolve the contract in accordance with the deadline set out in paragraph 2 of this article by sending the model withdrawal form, which is included in Appendix 1 of the general Terms and Conditions (digital) to A&A Music, or notify A&A Music in another manner unequivocally that he decides not to purchase the product. In the event of a digital notification, A&A Music confirm receipt of that notification. After dissolution, the Consumer has another 14 days to return the product. It is also possible to send the product back directly within the cooling-off period set out in paragraph 2 of this article, provided that the model withdrawal form or other unequivocal declaration for withdrawal is enclosed.
Products can be returned to:
1322 CL Almere
7.7. Amounts (pre)paid by the Consumer will be as soon as possible, yet not later than within fourteen (14) days after dissolution of the agreement be refunded to the Consumer in the same way that the Consumer has paid the order. If the entire order is returned, the Consumer will be refunded both the product price and the (default) shipping costs for the shipment to the Consumer. If only part of the order is returned, the Consumer will not be refunded the shipping costs to the Consumer. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, A&A Music does not to reimburse the additional costs for the more expensive method. Unless A&A music offers to collect the product itself, A&A music may hold off the refund until A&A music has received the product or the Consumer demonstrates that the product has been returned, whichever is earlier.
7.8. The Website clearly displays, in good time before the conclusion of the Agreement, information on the application of the right of withdrawal and any desired procedure.
Article 8. Payment
- The Customer shall make payments to A&A Music in accordance with the payment methods indicated in the ordering process and possibly on the Website. A&A Music is free in the choice of offering payment methods and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of fourteen (14) days. This period commences on the day after delivery.
- If the Customer does not meet his payment obligation in due time under a contract, A&A Music is entitled to suspend the execution of the agreement until the Customer has fulfilled his payment obligation.
- If Customer does not meet his payment obligation in due time, after the Customer has been informed by A&A Music that the payment term has been exceeded and A&A music has subsequently awarded the Customer a period of fourteen (14) days to still meet his payment obligation after the absence of payment within this 14-day term, the Customer shall be due the statutory interest on the amount due and A&A Music is entitled to charge the extrajudicial collection fees in accordance with the Decree on the Fees for extrajudicial collection costs (BIK).
Article 9. Warranty and Compliance
- This article only applies if the Customer is a Consumer.
- A&A Music ensures that the products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of a solid product and/or usability and the legal provisions and/or public regulations effective on the date of the conclusion of the agreement. If specifically agreed, A&A Music furthermore guarantees that the product is suitable for other purposes than normal use.
- If the delivered product does not correspond to the Agreement, the Consumer must, within a reasonable period of time after discovering the defect, notify A&A Music, preferably in writing.
- If the delivered product does not correspond to the Agreement, the product will be repaired, replaced or reimbursed after consultation with the Consumer. The maximum fee is equal to the price paid by the Consumer on the product.
Article 10. Business Purchase Guarantee
- This article only applies if the Customer is a Business Customer.
- A&A Music ensures that the products comply with the agreement, the specifications mentioned in the offer, and the reasonable requirements of a solid product and/or usability. If specifically agreed, A&A Music furthermore guarantees that the product is suitable for other purposes than normal use. Otherwise, the product will be suitable for normal use.
- If, on delivery, the delivered product does not correspond to the agreement, the Business Customer must notify A&A Music within fourteen (14) days of delivery. If the Business Customer fails to do so, he can no longer claim recovery, replacement, etc., if the product is defective.
- By way of derogation from the provisions of paragraph 3 of this article and depending on which period arrives earlier, the guarantee applies to delivered products up to the day of the event where the Business Customer will offer these products.
- If A&A Music considers the complaint to be valid, the relevant products are repaired, replaced or (partly) reimbursed after consultation with the Business Customer.
Article 11. Complaints procedure
- If the Customer has a complaint about a product (in accordance with article 9 or article 10) and/or other aspects of the service provided by A&A music, he must submit a complaint to A&A Music via the contact form on the Website, by telephone, by e-mail or by post. See the contact details at the bottom of the Terms and Conditions.
- A&A Music will respond to the Customer’s complaint as soon as possible, and in any case within fourteen (14) days after receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, A&A Music will confirm the complaint within fourteen (14) cays of receipt of the complaint and give an indication of the period within which it expects to provide a substantive or definitive response to the Customer's complaint.
- The Consumer may also file a complaint via the European Dispute Resolution platform, accessible via http://ec.europa.eu/odr/.
Article 12. Liability
- This article only applies if the Customer is a Business Customer.
- The total liability of A&A Music towards Business Customer due to an attributable shortcoming in the fulfilment of the Agreement is limited to compensation of up to the amount of the price paid by the Business Customer (including VAT) for the Agreement, with a maximum of € 500 (including VAT).
- Liability of A&A Music towards the Business Customer for indirect damages, including, but not limited to, consequential damages, lost profits, lost savings, loss of data and damage caused by interruption of business operations, is excluded.
- Besides the cases mentioned in the previous two paragraphs of this article, A&A Music bears no liability towards Business Customer for any compensation whatsoever, irrespective of the grounds used for an action for damages. Any limitation or exclusion of liability contained in the Agreement or the general Terms and Conditions does not apply if and insofar as the damage is the result of intentional or deliberate recklessness of A&A Music.
- The liability of A&A Music towards Business Customer due to an attributable shortcoming in the fulfilment of an agreement arises only if the Business Customer promptly holds A&A Music officially and properly in default in writing, stating a reasonable time to rectify the shortcoming, and A&A Music will continue to fail after such given time in fulfilling its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that A&A Music is able to react adequately.
- The condition for the creation of any right to compensation is at all times that the Business Customer must report the damage as soon as possible, and at the latest within thirty (30) days after the occurrence thereof in writing to A&A Music.
- In case of force majeure, A&A Music is not obliged to compensate any damage caused to the Business Customer.
Article 13. Retention of title regarding business purchases
- The title to all delivered goods will remain vested with A&A Music until all claims held by A&A music against the Business Customer (including any related (collection) costs and interest) have been paid in full.
- The Business Customer is not authorized to sell, deliver or otherwise dispose of these matters, other than in accordance with his normal business operations and the normal destination of the goods, prior to the intended transfer of ownership. In addition, the Business Customer is not allowed to pledge these goods or to grant third parties any other right to do so as long as the ownership of these matters has not been transferred to Business Customer.
- The Business Customer is obliged to keep the items delivered under retention of title with all due care and recognizable as A&A Music’s property.
- A&A Music is entitled to take back the items delivered under retention of title and which are still located at the Business Customer if the Business Customer should fail to timely pay the invoices or encounters payment issues, or such payment issues are imminent.
- The Business Customer will grant A&A Music free access to its business for inspection and/or to assert A&A Music’s rights at any time.
Article 14. Personal data
- A&A Music processes the personal data of the Customer in accordance with the privacy Statement published on the Website.
Article 15. Final provisions
- The Agreement is governed by Dutch law. If the Customer is a Consumer, the choice of law shall not affect the protection which the Customer enjoys under the mandatory right of his domicile.
- To the extent that the rules of mandatory law do not provide otherwise, all disputes ensuing from the agreement shall be submitted to the competent Dutch court in the district where M&M Music is established.
- If any provision of the Agreement proves to be null and void, this does not affect the validity of the entire agreement. In that case, the parties will adopt (a) new provision(s), which is/are as much as legally possible in keeping with the intent of the original provision.
- "In writing" in these Terms and Conditions includes any communication by e-mail or any other electronic means of communication, provided that the identity of the sender and the integrity of the message are sufficiently established.
If you have any questions, complaints or remarks after reading these Terms and Conditions, please feel free to contact us.
A&A Music B.V.
1322 CL Almere
Chamber of Commerce No.: 14118199
VAT Number: 810354421 B01
Annex I: Withdrawal Form Model
Withdrawal Form Model
(Please complete and return this form only if you wish to withdraw the agreement)
- To: Neophyte Shop
1322 CL Almere
- I/We * hereby inform you, that I/we *
withdraw our agreement regarding
the sale of the following products: [state the product] *
the delivery of the following digital content: [state the digital content] *
the provision of the following service: [state the service] *,
- Ordered on */received on * [date of order for services or receipt for products]
- [Name of Consumer(s)]
- [Consumer(s)’ address]
- [Consumer(s)’ signature] (only if this form is submitted on paper)
* Please delete whichever is not applicable or enter whichever is applicable.