Terms and Conditions
The Guitarshop, part of Muziekhuis Gert Nijkamp, located at Asselsestraat 275/2, 7312 CV in Apeldoorn is also made available via its website in a way in which they can be stored and made public for later access. The general terms and conditions of The Guitarshop are also sent to anyone on request (electronically).
Article 1. Definitions.
In these terms and conditions is understood by:
Client: Any (legal) person who wishes to conclude an agreement with The Guitarshop.
The Guitarshop: The Guitarshop, part of Muziekhuis Gert Nijkamp, located in Apeldoorn and registered with the Chamber of Commerce under number 63580748
Goods: all Guitarshop on its website by and in its shop(s) available and orderable sales items, repairs and services.
Agreement: The agreements that these general terms and conditions have and that are concluded because The Guitarshop accepts your order and/or your means of payment.
Conditions: The present general conditions.
Article 2. Validity of these terms and conditions
2-1 These terms and conditions apply to all agreements entered into by The Guitarshop, part of music house Gert Nijkamp established in Apeldoorn, hereinafter referred to as The Guitarshop.
2-2 Deviations from the conditions of The Guitarshop are only binding if agreed in writing.
2-3 Correspondence regarding these conditions can be addressed to The Guitarshop, Asselsestraat 275/2, 7312 CV Apeldoorn.
Article 3. Offers
3-1 All offers and/or quotations are without obligation, unless expressly stated otherwise.
3-2 Oral offers by The Guitarshop or its subordinates are not binding, unless they have been confirmed by it in writing.
3-3 Information in printed matter provided by The Guitarshop is subject to change without prior notice. They do not bind The Guitarshop.
Article 4. Agreements
Agreements or agreements with subordinate members of The Guitarshop’s staff are not binding on the latter, insofar as they have not been confirmed in writing by The Guitarshop. Subordinate personnel in this context are all employees and employees who do not have a written power of attorney.
Article 5. Agreement
5-1 The agreement of purchase and sale of goods and/or performance of work is only binding for The Guitarshop upon its confirmation.
5-2 Every agreement entered into with The Guitarshop contains the resolutive condition that there will be sufficient creditworthiness of the client, such at the sole discretion of The Guitarshop. The client will allow The Guitarshop to request such necessary information about him, for which information The Guitarshop will turn to an external collection agency.
5-3 Information regarding the offered product, such as properties, dimensions, weights, etc., as well as data in printed matter, drawings, images, etc., reinforced by The Guitarshop with the offer, are not binding for The Guitarshop and are given in good faith. The client is obliged to ensure that printed matter, drawings, images, etc. are neither copied nor made available to third parties or that the contents thereof are communicated to third parties.
Article 6. General terms and conditions of contract partners and/or third parties
6-1 The Guitarshop only accepts the applicability of the general terms and conditions of contract partners and/or third parties if these are expressly agreed in writing.
6-2 Any applicability of The Guitarshop’s general terms and conditions will lapse if they conflict with those general terms and conditions of contract partners and/or third parties.
6-3 General terms and conditions are only accepted by The Guitarshop under the above conditions and only apply to the intended transaction. Subsequent transactions will be automatically settled here again via those purchase conditions.
Article 7. Intellectual property rights
7-1 He reserves all intellectual property rights on all images, drawings and models, etc. provided by The Guitarshop. Reproduction, publication and copying are only permitted with The Guitarshop’s express written permission.
7-2 The images, drawings and models, etc. referred to in the first paragraph remain The Guitarshop’s inalienable property and must be returned and removed at its first request.
Article 8. Delivery times
8-1 The agreed delivery terms are not definitive terms, unless expressly agreed otherwise. The delivery times are set in the expectation that there are no (external) impediments for The Guitarshop to deliver the goods or to take up the work.
8-2 The Guitarshop has the right to deliver the goods before the agreed time
8-3 If ordered goods have not been purchased by the client after the expiry of the delivery period, those goods are stored at his disposal at his expense and risk.
8-4 If the goods have not been received by the client within four months after the offer for delivery, The Guitarshop is entitled to dissolve the agreement without judicial intervention and to sell or take back the goods to be delivered.
8-5 The Guitarshop is never liable for direct or indirect consequences of exceeding the delivery term.
Article 9. Partial delivery
9-1 Each partial delivery, which also includes the delivery of goods from a composite order, can be invoiced; in such case payment must be made in accordance with the provisions of article “Payment”.
Article 10. Prices
10-1 All agreements are always concluded on the basis of the prices applicable at the time of conclusion.
10-2 If, after the agreement, the prices of wages, social security charges, turnover tax or import tariffs, etc., increase, or exchange rate fluctuations of both domestic and foreign currencies occur, even if these occur as a result of circumstances to be foreseen at the time of the down payment, these are passed on. If this occurs within three months after the conclusion of the agreement, both parties have the right to dissolve the agreement.
Article 11. Down payment
The Guitarshop is free to request a deposit of at least 25% of the purchase amount when entering into the agreement. If the agreement is dissolved due to an attributable shortcoming in the performance on the part of The Guitarshop, the client has the right to a refund of this down payment.
Article 12. Cancellation
12-1 If the client cancels the order and/or refuses to purchase goods, he is obliged to supply the materials and raw materials already purchased by The Guitarshop, whether or not treated or processed, at the cost price, including wages and social security contributions. and he is otherwise obliged towards The Guitarshop to pay full compensation for the already presented. The client is also obliged to indemnify The Guitarshop against claims from third parties as a result of the cancellation of the order and/or refusal of the goods.
12-2 Without prejudice to the provisions of the previous paragraph of this article, The Guitarshop reserves all rights to claim full compliance with the agreement and/or full compensation.
Article 13. Shipment
The shipment takes place in the manner as indicated by The Guitarshop. If the client wishes to receive a shipment in a different way, such as by fast or express shipment, the additional costs associated with this will be borne by the client.
Article 14. Liability
14-1 The Guitarshop is not liable for costs, damages and interests that may arise as a direct or indirect result of:
a. Force majeure, as further described in these terms and conditions;
b. Acts or omissions of the client, his subordinates, or other persons who have been put to work by or on behalf of him;
c. Negligence on the part of the client in the maintenance of the delivered goods;
d. Damage to the delivered goods as a result of mechanical and chemical or biological influences from outside;
e. Normal wear and tear on the delivered goods as a result of daily
usage;
f. Discoloration of the delivered goods as a result of the effect of light;
g. Any other external cause.
14-2 In principle, The Guitarshop will not be obliged to compensate a client’s business and/or consequential loss, depending on the nature of the debt.
14-3 The client indemnifies The Guitarshop against claims by third parties for compensation for damage against the client on the basis of liability for whatever reason.
14-3 As soon as materials, parts or tools required for the execution of the assignment have been delivered to the work site, the client bears liability for all risks and damage, of whatever nature, that may arise to the materials, installations, parts or tools, such as theft, fire, water damage or damage, without prejudice to the authority of the client to demonstrate that these are the result of negligence on the part of The Guitarshop
Article 15. Warranty provisions
For goods sold and delivered with factory or. importer’s or wholesaler’s warranty, only the warranty provisions set by these suppliers apply. The Guitarshop uses various warranty conditions for various product groups. These are per product group:
– Acoustic and electric guitars new: 24 months warranty
– Occasion/second-hand products: 3 months warranty
– Accessories: 3 months warranty
– Electronic parts for repairs: 3 months
Article 16. Materials
16-1 Unless otherwise agreed, the materials will be delivered and processed in normal commercial quality.
16-2 Goods that The Guitarshop must remove during the work can fall to it if desired.
16-3 Minor changes (e.g. minor model changes) of or to the articles delivered by The Guitarshop do not give cause for rejection.
Article 17. Right of retention
When The Guitarshop has goods of the client in its possession, it is entitled to keep these goods in its possession until payment of all costs that it has spent on the execution of the assignment, unless the client has provided sufficient security for those costs. The Guitarshop also has this right of retention if payments are still due from previous agreements with the client.
Article 18. Advertising / Warranty
18-1 The client is obliged immediately after the delivery or completion of the work or the goods to thoroughly inspect them for defects and, if these are present, to inform The Guitarshop immediately in writing.
18-2 If the client does not point out defects to The Guitarshop within 14 days after the day of delivery or completion, which could be noticed during a thorough investigation, the client is deemed to have acted in accordance with the condition in which the item sold has been delivered or completed. votes and any right to warranty expires.
18-2 The Guitarshop must be given the opportunity to check the guarantees submitted. Upon agreement, a written statement will be drawn up to be signed by both parties.
Article 19. Additional work
19-1 The work only includes that which has been agreed in writing between the parties.
19-2 Additional work ordered orally or in writing before or during the performance of the work is eligible for settlement.
19-3 If The Guitarshop has to incur additional costs that are the fault of The Guitarshop, these costs can be charged to the clients.
19-4 The applicability of the provisions of Article 7A:1646 of the Dutch Civil Code is expressly excluded.
Article 20. Outsourcing
The client authorizes The Guitarshop to have the assignment performed by a third party to be designated by it, at a time desired by The Guitarshop.
Article 21. Loan equipment
21-1 The goods provided on loan are made available in good condition and must be returned by the client in the same condition, except for normal wear and tear. The client is obliged to immediately check the goods for defects upon receipt and to immediately report this in writing within 24 hours if defects are found.
21-2 The goods on loan must be collected by the client from The Guitarshop and he will also return the goods to The Guitarshop, unless otherwise agreed. If spare parts are also provided with the goods on loan, these or the replaced parts must be returned to The Guitarshop.
21-3 The client is obliged to use the loan in accordance with the provisions of the loan agreement and in particular to:
a. To treat the borrowed goods with due care and to use them in accordance with the assumed requirements and regulations;
b. Not to make any changes to the borrowed goods;
c. to provide The Guitarshop with access to the borrowed goods at all times;
d. To reject claims from third parties on the borrowed goods and to indemnify The Guitarshop in this regard.
21-4 The client is not permitted to lend the borrowed items to third parties without written permission from The Guitarshop.
21-5 After the loan period, the client must return the goods on loan in good condition. Any damage is at the expense of the client. All changes, additions or repairs to the borrowed goods may be performed by The Guitarshop.
21-6 The Guitarshop is neither liable to the client nor to third parties for damage caused by the borrowed goods or by the personnel of The Guitarshop, which has been ceded to the client by The Guitarshop for the use of the borrowed goods, unless the damage is the result of fault and/or negligence on the part of The Guitarshop.
Article 22. Rental
22-1 Deposit and rental price depend on the sale price of the item and will be determined in more detail.
23-2 Fixed costs of preparing for sale (control, photography and marketing) for consignment are 99 euros. These costs are fixed regardless of whether the item is sold.
22-3 Deposit can be settled when purchasing a new product (within 6 months)
22-3 Deposit will be refunded by The Guitarshop within 30 days.
22-3 Leased item must be properly insured for the use of the goods
22-4 The client is responsible for any damage to the product to be rented, any damage must be reported to The Guitarshop within 24 hours.
Article 23. Consignment
23-1 In case of consignment sales, your instrument will be placed in the showroom at The Guitarshop and prepared for sale.
23-2 The consignment agreement lasts 12 months.
23-3 Fixed costs of preparing for sale (control, photography and marketing) for consignment are 59 euros. These costs are fixed regardless of whether the item is sold.
23-4 The trade-in price for the client is based on the sales price expected by The Guitarshop, less any costs to prepare the product for sale.
23-5 Commission for consignment is 20% of the sale price.
23-6 Payments of consignments take place after the expiry of the period of right to return (30 days).
23-7 Possible selling costs via Paypal and eBay are exclusive. Should the instrument be sold through one of these channels, these costs will be deducted from the sale amount.
23-8 Both the client and The Guitarshop may terminate the consignment agreement at any time.
Article 24. Changing the assignment
24-2 Changes to the original order, of whatever nature, made in writing or verbally by or on behalf of the client, which cause higher costs than could be counted on in the quotation, will be charged extra to the client.
24-2 If changes still need to be made after the assignment has been issued, the client must be notified of these changes in writing in a timely manner. If the changes are stated verbally or by telephone, the risk for the implementation of the changes is for the account of the client.
24-3 Changes made can result in the delivery time agreed for the changes being exceeded, beyond the responsibility of The Guitarshop.
Article 25. Force majeure
25-1 Extraordinary circumstances, such as, among other things, storm damage and other natural disasters, hindrance by third parties, hindrance in transport in general, total or partial strikes, riot, war or danger of war both here in the country and in the country of origin of the materials, exclusions, loss or damage of goods during transport to implementation or the client, non-delivery or late delivery of goods by suppliers of implementation, export and import bans, full or partial mobilization, obstructive measures by any government, fire, malfunctions and accidents in the operation or in the means of transport of execution, or in the means of transport of third parties, the imposition of levies or other government measures, which entail a change in the factual circumstances, constitute force majeure for the execution, which release him from his obligation to delivery or execution of work, without da t the client can assert any right to compensation of whatever nature or by whatever name.
25-2 enforcement is entitled in these or such cases, at its sole discretion, to either cancel or suspend or amend the purchase agreement or work performance agreement, until the extraordinary circumstances have ceased to exist, whereby the the client is obliged to pay for any performance delivered.
Article 26. Retention of title
26-1 As long as The Guitarshop has not received full payment regarding an agreement of the parties with regard to the performance of work or the purchase/sale (including any damage, costs and interest included), the delivered goods remain the property of The Guitarshop .
26-2 The Guitarshop has the right to reclaim these goods and take them back if the negligent client fails to fulfill his obligations, if he liquidates, applies for or has been granted a moratorium, is declared bankrupt or has the goods are placed.
26-3 All acts of disposal with regard to the sold and delivered goods are prohibited to the client as long as he has not fulfilled his payment obligations.
Article 27. Completion
27-1 The work is deemed to have been completed at the time when The Guitarshop has notified the client of this in writing/orally, or the client has taken the installation into use.
27-2 If a specific delivery date has been agreed, it will be automatically extended if stagnation occurs which The Guitarshop cannot be blamed for, such as unworkable weather, strike, lockout, war, danger of war or other special circumstances as regulated in article “Force Majeure”. .
Article 28. Default and dissolution
28-1 If the client commits default in any way, he will only be in default for this without any notice of default being required.
28-2 Without prejudice to the provisions of the Dutch Civil Code, The Guitarshop will have the right to suspend or nullify its obligation under the concluded agreement in the event of default.
28-3 The Guitarshop also has the rights referred to in paragraph 2 of this article, if the client is declared bankrupt or if his bankruptcy is requested, if he has applied for or has been granted a moratorium, if his immovable property has been seized. his company has gone into liquidation or has been or will be taken over by a third party or third parties, or if he intends to leave the Netherlands for the rest of his life. In all these cases, all outstanding costs that The Guitarshop has on the client will be immediately due and payable.
Article 29. Payment
29-1 Payments, including those in installments and partial deliveries, must be paid within 30 days of the invoice date, unless expressly agreed otherwise in writing.
29-2 The Guitarshop is entitled if it has not received payment of the amount owed within the set term, two reminders will follow.
29-3 In the event of non-compliance, late or incomplete compliance, the client shall also owe the extrajudicial and judicial collection costs. This includes all costs for collecting claims from The Guitarshop, such as costs of a reminder, costs of collection agencies, bailiffs and costs for legal assistance, costs of bankruptcy applications and legal costs. If these total judicial costs are higher than a possible court order for costs, the client also owes The Guitarshop in multiples.
Article 30. Applicability
All agreements and/or actions performed by The Guitarshop are exclusively governed by Dutch law; these agreements and/or acts are deemed to have been concluded or performed in the Netherlands.
Article 31. Disputes
31-1. Only Dutch law applies to agreements between The Guitarshop and the client to which these general terms and conditions apply.
31-2. Disputes between The Guitarshop and the client about the conclusion or execution of agreements with regard to the products and services to be delivered or delivered by The Guitarshop, can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee, PO Box 90600, 2509 LP, The Hague (www.sgc.nl).
31-3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur and the latter has been given six weeks to respond to the complaint.
31-4. The dispute must be submitted in writing to the Disputes Committee no later than 6 months after the dispute has arisen.
31-5. If the client wishes to submit a dispute to the Disputes Committee, The Guitarshop is bound by this choice. If The Guitarshop wishes to do so, the client will have to state in writing within six weeks after a written request to that effect by The Guitarshop whether he also wishes to do so or whether he wishes to have the dispute handled by the competent court. If The Guitarshop is not informed of the choice of the client within the period of six weeks, then The Guitarshop is entitled to submit the dispute to the competent court.
31-6. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl). The decisions of the Disputes Committee are made by way of binding advice.
31-7. The Disputes Committee will not handle a dispute or will discontinue the handling if The Guitarshop has been granted a postponement of payment, has gone bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been made. has been pointed out.
Date: 08-08-2019
The Guitar Shop
Asselsestraat 275/2
7312 CV Apeldoorn
Phone: +31 55 303 41 32
Email: info@theguitarshop.nl
Web: www.theguitarshop.nl
