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TERMS & CONDITIONS

 

GENERAL

1.1 The contracting party for the merchandise presented by ‘VinylExpress’, 'Cdexpress.com' and 'Rockhouse Records', all trading names of VinylExpress B.V., is VinylExpress B.V. (corporation with limited accountability), stationed and keeping office in Amsterdam, The Netherlands and registered at the Chambre of Commerce under no. 28034240.

1.2 These general conditions are with the explicit exclusion of any other condition adaptable to all judicial relations and contractual agreements, in which VinylExpress (hereafter referred to as “VE”) acts as the deliverer of products.

 

OFFERS

2.1 VE is making a sales offer for the merchandise presented in its shop. By transmitting the order using the button “BUY” the customer accepts the sales offer. VE shall confirm the conclusion of the contract by e-mail (contract confirmation).

2.2 All offers by VE are non obligatory. Offers are only valid under the condition of deliverability of the product offered. VE has the right to nullify an agreement to buy a product. VE shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.

2.3 The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.

 

PRICES & PAYMENTS

3.1 All product prices are end prices including shipping costs, import duties and statutary turnover tax, but excluding costs for payment.

3.2 The shipping costs are listed in the respective product description and in the course of the purchase process.

3.3 At the selection of the customer, VE shall deliver the merchandise against pre-payment by direct debit, by credit card, normal bank transfer, PayPal, iDeal or against cash payment at pick-up. Further means of payment may be available; please check the “Payment” section on our website and in the respective purchase process. The customer will be provided with detailed information on payment and shipping in the contract confirmation e-mail.

3.4 Return debits are associated with a high effort and costs for VE. In the case of a return debit (in absence of a required coverage of the bank account, due to expiration of the bank account or unauthorized objection of the account holder), the customer authorizes VE and his bank to submit the direct debit for each overdue payment obligation once more. In such a case, the customer is obligated to pay a processing fee of 9.00 Euro per return debit. Further claims are reserved. The customer is granted the possibility to prove that lower or no costs were issued by the return debit. In view of the effort and the costs of return debits and to avoid the processing fee, VE asks the customer in the event of a withdrawal or a rescission of the purchase contract, a return or a complaint, not to contradict the direct debit. In such a case, after consultation with VE, the rescission of payment takes place by remittance of the appropriate amount or by credit.

 

DELIVERY

4.1 Delivery periods vary considerably. From 3 days up to a maximum of 10 weeks. This will depend on the supplier whom it may concern and the material in stock. Import-titles from USA, Japan, Australia usually demand a longer delivery-period. Orders run for a maximum of 10 weeks: when delivery doesn't take place within this time period, an email will be sent to the customer to confirm that the order has been taken 'offline'. On top of that an email will be sent when we receive the information that a certain title is not in supply anymore.

4.2 The delivery periods meantioned on the internetsite are indicative and are not to be seen as a definite term. VE can never be held responsible or is in any way liable for damages as a consequence of exceeding a period of delivery.

4.3 Delivery will only be executed after payment for the ordered products has been received by VE.

4.4 If the customer’s order contains more than one product, VE aims to deliver all products in one package. However, it might be the case that products are send from saveral distribution points (located all over the world) and therefor are sent separately.

4.5 Redelivery of one and the same order will be delivered for half of the normal mailing costs.

4.6 Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.

 

RETURNS

5.1 Withdrawal

5.1.1 A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.

5.1.2 VE grants a 14 day withdrawal period to a consumer having his permanent residence outside of the Netherlands, also in those cases in which the national laws applicable to the consumer provide for a shorter period.

5.1.3 The customer must return a product within 2 weeks after delivery, with full refund of the purchase sum without reason. Mailing costs due to returning products have to be paid for by the buyer.

5.2 Defects

5.2.1 Both consumers and non-consumers (entities ordering for commercial use or professional activity) may submit defects.

5.2.2 Claims due to defects of the products are to be submitted as soon as possible, but at least within 14 days after delivery or when a non visible defect occurs-within 21 days of the moment that the defect reasonably could be detected. Claims and reproaches, based on facts which can support and justify the claim, that the delivered goods do not complie to the agreement, superannuate one year after reception of the product by the buyer.

5.2.3 When the delivery does not complie with the agreement, VE can only be held accountable to deliver the undelivered goods, reparation of any delivered product or replacement of any delivered product.

5.2.4 The customer must return a product with a defect within 1 week from delivery, with full refund of the purchase sum .Mailingcosts due to returning products will be paid for by VE.

 

WARRANTY

6.1 For the used goods offered, the parties agree that the period of limitation regarding warranty claims shall be shortened to one year. However, the shortened period shall neither apply to claims based on injury to life, body or health nor to claims for other damages arising from a grossly negligent or intentional breach of duty by VE, by a legal representative of VE or by a person used to perform an obligation of VE.

6.2 In all other regards, the warranty claims shall be governed by the statutory regulations.

 

DAMAGES

7.1 Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.

VE an only be held responsible for damages, which can be attributed to severe negligence or mal intent, or appearing circumstances based on law enforcing regulations which belong to her risk department.

7.2 Circumstances, which in any case are not in the realm of risk of VE are (and not limited to): working strikes, personel exclusion, sickness, import, export and/or transitprohibitation, transportdifficulties, not following up of obligations by wholesalers, disruption in the manufacturing of the products, nature and or nucleair disasters, war and/or the threat of war, can never be blamed on VE, outside severe negligence or mal intent.

 

DATA PROTECTION

8.1 VE shall collect and process the data input by the customer in the course of his purchase for the purpose of processing the contract. The collected data consists of the customer's name, address, e-mail-address and his company information that he specifies. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transfered to VE.

8.2 VE acts as a reseller of products from different suppliers all over the world. All information needed to process the contract will be sent to the supplier.

8.3 VE shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, VE may transfer the customer’s data referred to in paragraph 1 to the contracted shipping company.

8.4 The data remains stored by VE until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.

8.5 The customer may at any time request information from VE about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.

8.6 To the extent a customer uses the services of PayPal or Wirecard for payment, the data protection provisions established by the used payment service shall apply to the payment process. In this context, each payment service shall be taking action as the person employed by the customer in the performance of his obligations, not as a person so employed by VE.

 

FINAL PROVISIONS

9.1 Dutch law applies to all judicial relations between VE and a buyer.

9.2 All disputes that may appear as a result of an agreement at hand or of any further agreements, which may be a consequence of that, will be dealt with by the authorized court in Amsterdam.

9.3 Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.

9.4 The dutch text of these general terms and conditions of sale prevales over the translations of it.

 

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