Terms and conditions of Good hifi VOF
Definitions:
The "Buyer"
means the Account Applicant or person who buys or agrees to buy Goods from the
Seller.
The "Seller" means Good Hifi VOF registered in the Dutch trade register under
number
37138232 0000.
“Conditions" means these Terms and conditions of Sale set out in this document
and any special conditions agreed in writing by the Seller.
1.
Conditions
1.1
These "Terms
and Conditions" do not affect your statutory rights as a consumer.
1.2 Accepting an offer or placing an order means buyer accepts these terms and
conditions.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate
these terms and conditions which shall prevail over any other document or
communication from the Buyer.
2.3 If any amendments to this terms and conditions are required it is preferable
that they be confirmed in writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the
Buyers acceptance of these Conditions.
2.5 Buyer’s purchase order (“Purchase Order”) shall be binding upon
Seller upon receipt thereof by the Seller, unless Seller informs Buyer by mail,
fax, e-mail or any other (electronic) communication tool of the contrary. A
binding Purchase Order as used hereabove shall mean that Seller accepts
delivering the Products to Buyer under the present Terms and Conditions of Sale.
If Seller does not receive written notice to the contrary, Buyer accepts without
any reservations that Seller delivers the Products to Buyer under the present
Terms and Conditions of Sale. Once accepted by Seller, the Purchase Order cannot
be cancelled or modified by Buyer unless Buyer fully compensates Seller for any
damage, expense or loss incurred by Seller resulting directly from such
cancellation or modification.
2. Prices / offers
2.1 The Price shall be that on the Seller’s current list price, web site, or
if applicable the price contained in the Seller’s Quotation of e-mail offer
2.2 Should a product's price change between receipt of order and dispatch the
buyer will be notified and given the opportunity to cancel the order and receive
a full refund.
2.3 All Prices are inclusive of VAT and charges for packing, postage and
Carriage (plus VAT) which shall be paid in addition unless agreed otherwise.
2.4 The total purchase price, including VAT and Delivery charges will be
displayed in the offer made to the Buyer.
2.5
3. Payment
3.1 In the case of consumer sales, payment must be made in full
before dispatch of any Goods.
3.2 In the case of other sales, payment is due in full on the terms of credit
agreed which shall not be more than 30 days from the date of invoice. Time for
payment shall be of the essence and any failure to pay shall entitle the Seller
at its option to treat the Contract as repudiated by the Buyer or to delay
delivery until paid.
3.3 If any act or proceedings shall be commenced in which the Buyer’s solvency
is concerned, all monies under any transaction covered by these Conditions shall
become immediately due and payable
3.4 Interest on overdue invoices shall accrue from the date when payment becomes
due from day to day until the date of payment at 2% above ABN AMRO base lending
rate for the time being in force per calendar month.
4. Delivery
4.1 Products supplied within the European Union will normally be delivered
within 7 working days of payment.
4.2 Whilst every reasonable effort shall be made to keep any delivery date, time
of delivery shall not be of the essence and the Seller shall not be liable for
any losses, costs, damages or expenses incurred by the Buyer or any other person
or Company arising directly or indirectly out of any failure to meet any
estimated delivery date.
4.3 Good will be delivered using TNT priority mail service unless agreed
otherwise.
4.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer
shall make all arrangements necessary to take delivery of the Goods whenever
they are tendered for delivery.
5.
Cancellation and Returns
5.1 If it is agreed that the goods are to be returned :-
a) a Goods Return number obtained from the Seller must be clearly shown on the
returned parcels.
b) the Buyer will be liable cost of remedying any damage to the Goods returned
where such damage has, in the opinion of the Seller, been caused by the Goods
being inadequately packaged by the Buyer or through the Buyer’s fault.
c) the Seller reserves the right to make a handling and restocking charge of 25%
on Goods which are returned if they were ordered in error or are no longer
required. If the goods are faulty or being returned under clause 8.2 then the
restocking charge will not apply.
5.2 If you are a consumer you have the right, in addition to your other rights,
to cancel your contract with ExtraLAN and receive a refund. You must contact us
and inform us in writing of your desire to cancel your contract within 7 working
days of receipt of the relevant product(s). You must return the goods to us at
your cost and we advise you to ensure the goods are adequately insured during
any return journey.
5.3 Cost of sales and shipping cost payed by Seller will not be refunded in case
of a cancellation.
6. Ownership and
Risk
6.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon
the Goods being appropriated to the Buyer but kept at the Seller’s premises at
the Buyer’s request.
6.2 The Seller remains the owner of the Goods affected by the Contract until the
Seller has been paid in full for such Goods.
6.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify
the Seller within a reasonable time of delivery if the Goods are damaged or do
not comply with any of the Contract. If the Buyer fails to do this he is deemed
to have accepted the Goods.
6.4 Any Goods in respect of which any claim of defect or damage is made shall be
preserved by the Buyer intact together with the original packing at the Buyer’s
risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its
agent to inspect or Collect the Goods or
b) at the Seller’s option returned by the Buyer to the Seller who will refund
the cost of postage and packing to the Buyer if the Goods are in fact defective.
7. Warranty & liability
7.1 The
Seller warrants that the Goods will at the time of delivery correspond to the
description given by the Seller.
7.2 If you are a consumer you have the right, in addition to your other rights,
to cancel your contract with Good Hifi and receive a refund. You must contact us
and inform us in writing of your desire to cancel your contract within 5 working
days of receipt of the relevant product(s). You must return the goods to us at
your cost and we advise you to ensure the goods are adequately insured during
any return journey.
7.3 Liability of Seller is restricted to:
- delivering the goods again or
- providing a refund
Seller is never liable for the use of or the repair performed with our
products, unless the repair is performed by Sellers personel. Seller is not
liable to any damage caused while repairing speakers with Seller’s goods.
8.
Electronic communication & evidence
8.1 Seller is not liable for miscommunication or delay(s) of data or messages
send over the internet or any other communication channel.
8.2 Seller’s administration is a full proof of the existence, and the content of
agreement(s) between Seller and buyer, unless buyer can proof seller to be
wrong.
9.
Force majeure
In the event that the Seller is prevented from carrying out its obligations
under a contract for sale as a result of any cause beyond its control such as
but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of
third parties to deliver goods, the Seller shall be relieved of its obligations
and liabilities under such contract for sale for as long as such fulfillment is
prevented.
10.
Complaints
10.1
If you have a complaint about our service or any goods or services you purchase
from Good Hifi VOF then please contact us immediately. You will be contacted as
soon as possible and definitely within 24 hours of our hearing from you and aim
to provide a resolution within 5 working days.
10.2 All complaints will be dealt with in a fair and confidential manner.
11. Applicable
law
11.1 Any contracts shall in all respects be construed and operate as a Dutch
contract and in conformity with Dutch law among which the
Dutch law on distant sales (in Dutch).
11.2 If any part of these terms and conditions that is not fundamental is found
to be illegal or unenforceable, such finding will not affect the validity or
enforceability of the remainder of these terms and conditions.
12. No Waiver
12.1 The Seller’s failure to insist upon strict performance of any provision of
these Conditions shall not be deemed to be a waiver of its rights or remedies in
respect of any present or future default of the Buyer in performance or
compliance with any of these conditions.
All trademarks,
trade names, service marks, service names, product names and images used on this
site belong to Good hifi VOF.
januari 17th 2008