GENERAL TERMS AND CONDITIONS - GiGi Jazz Music and Books
Definitions
1. GiGi Jazz Music and Books: GiGi Jazz Music and Books, established in Born, Chamber of Commerce no. 75565870
2. Customer: the person with whom GiGi Jazz Music and Books has an egreement.
3. Parties: GiGi Jazz Music and Books and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of GiGi Jazz Music and Books.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
1. All prices used by GiGi Jazz Music and Books are in euros, are inclusieve of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless stated otherwise or agreed otherwise.
2. GiGi Jazz Music and Books is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which GiGi Jazz Music and Books could not foresee at the time of making an offer in the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples/models
If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform tot he sample or model.
Consequences of late payment
1. If the customer does not pay within the agreed term, which GiGi Jazz Music and Books is entitled to charge an interest of 1 per cent (1-100) per month from the day the customer is in default, whwereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also duet o extrajudicial collection costs and may be obliged to pay any compensation to which GiGi Jazz Music and Books.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, which GiGi Jazz Music and Books may susspendits obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of GiGi Jazz Music and Books on the customer are immediately due and payable
6. If the customer refuses to cooperate with the performance of the agreement by GiGi Jazz Music and Books, he is still obliged to pay the agreed price to GiGi Jazz Music and Books.
Right of recovery of goods
1. As soon as the customer is in default, GiGi Jazz Music and Books is entitled to invoke the right of recovery with regard tot he unpaid products delivered tot he customer.
2. GiGi Jazz Music and Books invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to GiGi Jazz Music and Books.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
- The product has not been used
- It is not a product that can spoil quickly, like food or flowers
- Th product is nog specially tailored for the customer or adapted to its special needs
- It is not a product that may not be returned for hygienic reasons (underwear etc.)
- The seal is still intact, when the product is a data carrier with digital content (DVD’s, CD’s, etc.)
- The product is not a seperate magazine or a loose newspaper
- The purchase does not concern an (assignment to) urgent repair
- The consumer has not renounced his right of cancellation
2. The reflection period of 14 days as referred to in paragraph 1 commences:
- On the day after the consumer has received the last product or part of 1 order
- As soon as the consumer has received the first product of a subscription
- As soon as the consumer has purchased a service fort he first time
- As soon as the consumer has confirmed the purchase of digital content via internet
3. The consumer can notify his right of cancellation via info@vooraltijddichtbij.nl, or via the form that can be found on the website www.vooraltijddichtbij.nl or www.memoriesofyourlatepet.com
4. The consumer is obliged to return the product to GiGi Jazz Music and Books within 14 days after the notification of his right of cancellation after which period his right of cancellation will lapse.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
1. GiGi Jazz Music and Books can appeal to his right of retention of title and in that case retain the products sold by GiGi Jazz Music and Books to the customer until the customer has paid all outstanding invoices with regard to GiGi Jazz Music and Books, unless the customer has provided sufficient security for these payments.
2. The right of retention of title alsso applies on the basis of previous agreements from which the customer still owes payments to GiGi Jazz Music and Books.
3. GiGi Jazz Music and Books is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Retention of title
1. GiGi Jazz Music and Books remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to GiGi Jazz Music and Books under whatever agreement with GiGi Jazz Music and Books including of claims regarding the shortcomings in the performance.
2. Until then, GiGi Jazz Music and Books can invoke its retention of title and take back the goods.
3. Before the property is transferred tot he customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If GiGi Jazz Music and Books invokes its retention of title the agreement will be dissolved and GiGi Jazz Music and Books has the right to claim compensation, lost profits and interest.
Delivery
1. Delivery takes place while stocks last
2. Delivery of products ordered online takes place at the address indicated by the customer.
3. If the agreed price is not paid on time, GiGi Jazz Music and Books has the right to suspend its obligations until the agreed price is fully paid.
4. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by GiGi Jazz Music and Books.
Delivery period
1. Any delivery period specified by GiGi Jazz Music and Books is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering proces and received an (electric) confirmation of his order from GiGi Jazz Music and Books.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless both parties have agreed upon otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shiping
1. If the package of a deliverd product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which GiGi Jazz Music and Books may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport. Otherwise GiGi Jazz Music and Books cannot be held liable for any damage.
Exchange
1. Exchange is only possible if the following conditions are met:
- Exchange takes place within 30 days after purchase upon presentation of the original invoice.
- The product is returned in the original packaging or with te original (price) tags still attached to it
- The product has not been used.
2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles fort he customer cannot be exchanged.
Indemnity
The customer indemnifies GiGi Jazz Music and Books against all third-party claims that are related tot he products and/or services supplied by GiGi Jazz Music and Books.