GENERAL TERMS AND CONDITIONS AUDIO INNOVATIONS
Article 1. General
1.1 These conditions apply to every offer, quotation and agreement between Audio Innovations and the buyer, to which Audio Innovations has declared these conditions applicable, insofar as the parties have not deviated from these conditions explicitly and in writing.
1.2 The present conditions also apply to agreements with Audio Innovations, for the implementation of which Audio Innovations must involve third parties.
1.3 The applicability of any purchase or other conditions of the buyer is expressly rejected.
1.4 If one or more provisions in these general terms and conditions are at any time wholly or partially void or should be destroyed, then the other provisions in these general terms and conditions remain fully applicable. Audio Innovations and the buyer will then enter into consultations in order to agree new provisions to replace the invalid or voided provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible.
1.5 If there is uncertainty about the explanation of one or more provisions of these general terms and conditions, then the explanation must be given “in the spirit” of these provisions.
1.6 If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
1.7 If Audio Innovations does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Audio Innovations would lose the right to otherwise strictly comply with the provisions of these conditions. desire.
Article 2. Identity of the entrepreneur
Name entrepreneur: Audio Innovations
The company is a webshop. The Audio Innovations website is open 24 hours a day, seven days a week. The opening hours of the website do not affect the delivery time to the consumer.
Located at: Zuiderpoort 18 | 2152 RG Nieuw-Vennep | Netherlands (no visiting address)
Chamber of Commerce number: 28097549 in Amsterdam
bank account: 126.96.36.1992
VAT number: NL001309151 B13
SWIFT / BIC code: ABNANL 2A
IBAN number: NL22ABNA0513322612
Email address: email@example.com
Tel .: +31 6 523 600 18
Article 3. Agreement
3.1 An agreement is concluded after the buyer has accepted the offer on the website. Audio Innovations is entitled to refuse orders or to request additional information. If an order is not accepted, this will be communicated to the buyer stating the reason.
Article 4. Prices
4.1 The standard prices for the articles are in Euros (€), including VAT. Shipping costs are (unless stated otherwise) not included in the mentioned prices. The total price and shipping costs will be communicated via the website before the agreement is concluded.
4.2 The shipping costs of orders within the Netherlands are free. For shipments to countries other than the Netherlands, the contribution in the shipping costs depends on the country concerned.
4.3 Audio Innovations cannot be held to price statements that are clearly incorrect, for example as a result of obvious input, typesetting or printing errors. No rights can be derived from wrongful price information.
Article 5. Payments
5.1 Payment can be made in (one of) the way (s) as indicated during the ordering process. Further (payment / order) conditions can be imposed on a buyer’s order. After placing an order, the buyer will immediately receive a confirmation by e-mail with the total costs, including shipping costs, stated.
Audio Innovations is informed that the order has been paid.
5.2 The buyer gives Audio Innovations permission to perform all actions that are necessary for payment to take place in the payment method chosen by the buyer.
5.3 For payment by bank, the date of payment is the date of crediting the bank account of Audio Innovations.
Article 6. Delivery and Delivery
6.1 Audio Innovations strives to offer orders for shipping within 10 (ten) working days after receipt of payment. However, Audio Innovations is not obliged to do this.
6.2 The delivery deadline is 30 (thirty) days after placing the order, with the exception of orders where the buyer has indicated that he wishes to receive them later. If it turns out to be impossible to deliver an order within 30 (thirty) days, the buyer will be informed about this in time and the right to cancel the order is free of charge.
6.3 An order will not be shipped by Audio Innovations if it cannot be shipped completely, unless consultation with the buyer has taken place. If the delivery is either due to (temporarily) out of stock, or is delayed for other reasons, or if an order cannot or only partially be executed, the buyer will be notified of this no later than 7 (seven) days after he has placed the order. . In that case, the buyer has the right to cancel the order at no cost. In that case, Audio Innovations will take care of a refund.
6.4 Deviations in color, type, text and / or price changes reserved. Offered goods and / or services are depicted and / or described clearly and truthfully and as completely as reasonably required.
Article 7. Retention of title
7.1 The ownership of the delivered products will only transfer if the buyer has paid all that is owed to Audio Innovations on the basis of the agreement (s) concluded with regard to the delivered products.
Article 8. Returning articles
Audio Innovations strives for a complete information provision of products on its website. If a product nevertheless does not meet expectations, it can be returned. After good receipt of the returned goods in accordance with the established procedure, the money will be refunded to an account to be indicated by the buyer.
8.1 Products, which the buyer has bought through Audio Innovations, can be returned without giving reasons. The return procedure of Audio Innovations is as follows:
• The return must be returned to Audio Innovations within 14 (fourteen) days after receipt by the buyer.
• The items must be returned in the original condition of dispatch, with attached labels and in the original packaging. The article is not damaged, modified or dirty.
• A return label is enclosed with the order. This return label can be used for the return shipment, as described on the Audio Innovations website, under Returns & Exchanges.
• After registering the return by e-mail, the articles must be returned with sufficient postage to: Zuiderpoort 18 | 2152 RG | Nieuw-Vennep, The Netherlands. The return costs are for the buyer.
• After receiving and checking the returned items, the return amount will be credited and refunded.
• A product which the buyer has bought at a discount (sale) cannot be returned.
8.2 Audio Innovations only accepts returns that have been registered in the manner described above and for which the instructions indicated at registration have been followed. Exchanges that have not been registered or have not been registered within the specified time will not be accepted.
8.3 The costs of sending a return are for the account of the buyer.
8.4 The return will be confirmed by email after registration and after receipt of the goods. The amount of the exchange is credited by Audio Innovations by means of a refund to an account to be indicated by the buyer.
8.5 The following applies to returning products registered for return within the Netherlands:
• Return via Post NL to the (postal) address of Audio Innovations. Address the shipment in accordance with instructions and offer the shipment to a Post NL service point as soon as possible. Upon delivery, the buyer may receive. a shipping receipt with a barcode on it, keep this shipping receipt until the return has been processed by Audio Innovations and the buyer has received an e-mail confirmation. Shipping will not be credited with the crediting of the goods.
• The return goods must be clearly visible on the outside of the packaging with a return label which is included in the packaging of the purchase. Without this return label, the shipment will not be accepted and the sender will be returned.
• Provide sufficient postage when sending by regular mail.
Returns must always be sufficiently stamped. If the buyer does not (sufficiently) frank the shipment, Audio Innovations will charge the buyer administration costs of € 4.95 as well as the costs that Audio Innovations will be charged by Post NL for the delivery of unstamped or insufficiently stamped shipments. These costs are deducted from the credit note of the products offered for exchange.
In all cases, the return instructions as received by the buyer when registering the exchange must be followed exactly.
Article 9. Suspension, dissolution and premature termination of the agreement
9.1 Audio Innovations is authorized to suspend the fulfillment of the obligations or to dissolve the agreement immediately and with immediate effect if:
– the buyer does not, not fully or timely fulfill the obligations under the agreement;
– after the conclusion of the agreement Audio Innovations has been informed of circumstances that give good reason to fear that the buyer will not fulfill the obligations;
– the buyer was requested when entering into the agreement to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient;
– if, due to the delay on the part of the buyer, Audio Innovations can no longer be required to fulfill the agreement under the originally agreed conditions, Audio Innovations is entitled to dissolve the agreement;
– if circumstances arise which are of such a nature that fulfillment of the agreement is impossible or that the maintenance of the agreement cannot reasonably be expected from Audio Innovations.
9.2 If the dissolution is attributable to the buyer, Audio Innovations is entitled to compensation for the damage, including the costs, thereby arising directly and indirectly.
9.3 If the agreement is dissolved, the claims of Audio Innovations on the buyer are immediately due and payable. If Audio Innovations suspends the fulfillment of the obligations, it will retain its rights under the law and the agreement.
9.4 If Audio Innovations proceeds to suspension or dissolution on the grounds as referred to in this article, it is in no way obliged to compensate damage and costs in any way or compensation, while the buyer does, by default, compensation or compensation is required.
9.5 If the agreement is terminated prematurely by Audio Innovations, Audio Innovations will arrange for the transfer of work still to be performed to third parties in consultation with the buyer. This unless the cancellation is attributable to the buyer. Unless the premature termination is attributable to Audio Innovations, the costs for transfer to the buyer will be charged. Audio Innovations will inform the buyer as much as possible in advance with regard to the scope of these costs. The buyer is obliged to pay these costs within the period specified by Audio Innovations, unless Audio Innovations indicates otherwise.
9.6 In case of liquidation, (application for) suspension of payments or bankruptcy, seizure – if and insofar as the attachment has not been lifted within three months – will be charged to the buyer, debt restructuring or any other circumstance whereby the buyer no longer freely At its disposal, Audio Innovations is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. In that case, the claims of Audio Innovations on the buyer are immediately due and payable.
9.7 If the buyer cancels a placed order in whole or in part, the goods ordered or prepared for this, plus any delivery and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the buyer.
Article 10. Force majeure
10.1 Audio Innovations is not obliged to fulfill any obligation to the buyer if it is hindered to do so as a result of a circumstance that is not due to fault, and is not at its expense under the law, a legal act or prevailing opinions .
10.2 Force majeure in these general terms and conditions means, in addition to what is understood in this respect in law and case law, all external causes, foreseen or unforeseen, over which Audio Innovations has no influence, but as a result of which Audio Innovations is unable to fulfill its obligations. to fulfill. Audio Innovations is also entitled to invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs after Audio Innovations should have fulfilled its obligation.
10.3 Audio Innovations can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without obligation to pay compensation to the other party.
10.4 If Audio Innovations has partially fulfilled or will be able to fulfill its obligations under the agreement at the time of the occurrence of force majeure, and independent value is attributed to the part that has been fulfilled or to be fulfilled, Audio Innovations is entitled to fulfill or already comply with it. come to invoice part separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
Article 11. Collection costs
11.1 After the buyer is in default in the (timely) fulfillment of his obligations, all reasonable costs incurred in obtaining satisfaction out of court will be borne by the buyer. The extrajudicial costs are calculated on the basis of what is customary in Dutch debt collection practice at that time. However, if Audio Innovations has incurred higher collection costs that were reasonably necessary, the costs actually incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the buyer. The buyer also owes interest on the collection costs owed.
Article 12. Complaints
Complaint regarding delivery of the order.
12.1 Audio Innovations makes every effort to deliver the best possible product. After receipt of the order, the buyer must immediately inspect the delivered goods and immediately report any defects found in writing. If a product is not delivered in accordance with the order or does not meet the description on the website, the buyer must report this to Audio Innovations immediately. This can be done by sending an e-mail to firstname.lastname@example.org. If the offered solution does not meet expectations, the buyer can cancel the entire order within 5 (five) working days, without additional costs. The amount already paid will be credited.
Complaint regarding quality of the product (s).
12.2 It is possible that the quality of a product after a period of use by the buyer does not (no longer) meet the expectations, for example the product shows after short use, for example defects or extreme wear. The warranty period on the items is 2 (two) years after receipt of the product. Naturally, this warranty is only valid at a normal frequency of use. This warranty lapses if the buyer has attempted to repair the defect without consultation and / or has not followed the instructions for use and / or instructions for use. If the buyer has such a complaint about an article that the buyer has bought from Audio Innovations, Audio Innovations would like to hear this. The buyer can contact us by e-mail on working days between 9:00 and 17:00 via email@example.com
12.3 If it is established that a complaint is unfounded, the costs that arise as a result, including the investigation costs, on the part of Audio Innovations as a result, will be fully borne by the buyer.
Article 13. Cancellation of your order
13.1 Every order can be canceled. For the conditions, Audio Innovations refers to article 9.7 of the general conditions. Audio Innovations requests the buyer to send an e-mail to firstname.lastname@example.org. The order cancellation will be confirmed by email. As soon as the request for cancellation has been confirmed by Audio Innovations, the buyer may regard it as received.
Article 14. Liability
14.1 If Audio Innovations is liable, this liability is limited to what is arranged in this provision.
14.2 Audio Innovations is not liable for damage, of whatever nature, caused by Audio Innovations assuming incorrect and / or incomplete information provided by or on behalf of the buyer.
14.3 Audio Innovations is only liable for direct damage caused before the ordered products are shipped by Audio Innovations to the buyer.
14.4 Direct damage exclusively means:
– the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
– any reasonable costs incurred to have the defective performance of Audio Innovations comply with the agreement, insofar as these can be attributed to Audio Innovations;
– reasonable costs incurred to prevent or limit damage, insofar as the buyer can demonstrate that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
14.5 The liability of Audio Innovations is in any case always limited to the amount of the payment from its insurer, if applicable.
14.6 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Audio Innovations or its senior subordinates.
Article 15. Indemnity
15.1 The Buyer indemnifies Audio Innovations against any claims from third parties that suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than Audio Innovations.
15.2 If Audio Innovations is held liable by third parties for this reason, then the buyer is obliged to assist Audio Innovations both in and out of court and to immediately do everything that may be expected of it in that case. Should the buyer fail to take adequate measures, Audio Innovations is entitled, without notice of default, to do so itself. All costs and damage on the part of Audio Innovations and third parties resulting from this, will be fully for the account and risk of the buyer.
Article 16. Withdrawal
16.1 In accordance with the law on distance selling, the buyer has the right to withdraw the order within 14 (fourteen) days after receipt (only the entire order), without paying a penalty and without stating reasons. The buyer therefore has the option of getting the order amount refunded, if it has already been paid. In this case, Audio Innovations also credits the costs already charged for delivery to the delivery address.
16.2 To this end, the buyer must contact email@example.com within 14 (fourteen) days of receipt at the delivery address. This e-mail must include name, order number and (if applicable) bank details. The buyer also indicates that they wish to cancel the order in accordance with the law on distance selling. Provided the request complies with the above, the buyer will receive a confirmation within 3 (three) working days with the address to which the buyer can return the order.
16.3 At the latest within 14 (fourteen) days after receipt at the delivery address, the product must be returned for the account of the buyer. Buyer will receive a confirmation by e-mail as soon as Audio Innovations has received and completed the shipment. Provided payment has been made, the full order amount will be refunded within 14 (fourteen) days after the confirmation of receipt of the order by Audio Innovations.
16.4 The right of withdrawal lapses when all conditions of Article 16 are not fully met. In the latter case, the return will then be considered a return in accordance with article 8 of these conditions. For a more detailed explanation, as well as the related requirements related to the right of withdrawal, please refer to the topic Return Policy / Right of withdrawal which you can find under the General Terms and Conditions.
Article 17. Orders / communication
17.1 For misunderstandings, mutilations, delays or improper delivery of orders and communications as a result of the use of the internet or any other means of communication in the traffic between the buyer and Audio Innovations, or between Audio Innovations and third parties, insofar as related to the relationship between the buyer and Audio Innovations, Audio Innovations is not liable, unless and insofar as there is intent or deliberate recklessness of Audio Innovations.
Article 18. Force majeure
18.1 In the event of force majeure, Audio Innovations has the right, at its option, to suspend the execution of the buyer’s order, or to dissolve the agreement without judicial intervention, by notifying the buyer in writing and without this Audio Innovations is obliged to pay some compensation, unless this would be unacceptable in the circumstances given the standards of reasonableness and fairness.
Article 19. Applicable law and competent court
19.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law, even if an obligation is fully or partially executed abroad or if the legal relationship the party concerned is domiciled there. The applicability of the Vienna Sales Convention is excluded.
19.2 The parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement. Disputes between parties can be brought before the competent court in the Netherlands.
19.3 If one or more articles of these conditions are declared invalid by court decision:
• other provisions of these general terms and conditions will remain in full force,
• Audio Innovations and the Buyer will enter into consultations in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and intent of the void or voided provisions will be taken into account as much as possible.
Article 20. Location and change of conditions
20.1 The version applicable at the time of the establishment of the legal relationship with Audio Innovations applies.
20.2 The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.
All rights reserved. No part of these conditions may be copied, stored and / or distributed without the written permission of Audio Innovations.
Return Policy / Right of Withdrawal
If you are a consumer buyer and are not satisfied with the item received, you can use the right of withdrawal and return the items without giving any reason.
The product will only be unpacked or used to the extent necessary, as you would in a physical store to assess whether you wish to keep the product. To claim the right of withdrawal, you must return the product in the original packaging and all supplied accessories within 14 days of receipt of the goods. You must inform us in writing that you want to make use of the right of withdrawal. You must also submit a proof of shipment showing that you have returned the product within 14 days after receipt.
You are liable for the depreciation of the goods resulting from the use of the goods that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
To make use of this right of withdrawal, please follow the steps below:
1. You must notify us of your decision to withdraw from the contract within 14 (fourteen) days of receipt of the products by an unambiguous statement (by email).
2. In order to process your return faster, we request that you send the return form clearly visible and fully completed in the packaging.
3. Use appropriate packaging, ensure that there are no signs of wear or damage on the product and include all delivered parts and articles of the product. Attach the return form to the shipment. Close the package tightly. Keep your shipping receipt well.
4. We will contact you as soon as the returned goods have been received by us. We check the goods for completeness and damage. If there is a reason why we do not accept the return, we will contact you.
If everything is in order, we will provide a refund within 14 (fourteen) days.
In case of any damage, contamination or wear, we have the right not to accept the return or repair costs will be deducted from the amount to be refunded.