Available Accordions is located at Asselsestraat 275/2, 7312 CV in Apeldoorn are also made available through their website in such a way that they can be stored and held accessible for later access. These general terms and conditions of Available Accordions are upon request available to (electronically) sent to anyone interested.
These conditions are translated from Dutch and may contain spelling errors. The Dutch conditions are leading.
Article 1. Definitions.
The following definitions apply in these general terms and conditions:
Client: Any person or legal entity who wishes to conclude an agreement with Available Accordions or already made an agreement.
Available Accordions: Available Accordions is located in Apeldoorn and registered with the Dutch Chamber of Commerce under number 71620613
Goods: all sales items, repairs and services that are listed and / or are available in her website or store(s).
Agreement: The agreements that have substance to these general terms and conditions and that are established when Available Accordions accepts your order and / or payment.
Conditions: The present general conditions.
Article 2. Validity of these terms and conditions
2-1 These terms and conditions apply to all agreements made with Available Accordions, established in Apeldoorn, hereinafter referred to as Available Accordions.
2-2 Deviations from the terms and conditions of Available Accordions are only binding and valid in a written agreement.
2-3 Correspondence regarding these conditions can be directed to Available Accordions, Asselsestraat 275/2, 7312 CV Apeldoorn.
Article 3. Offers
3-1 All offers and / or offers are without obligation, unless explicitly stated otherwise.
3-2 Oral offers by Available Accordions or his subordinates are not binding, unless confirmed in writing.
3-3 Printed data provided by Available Accordions are subject to change without prior notice. They do not bind Available Accordions.
Article 4. Agreements
Agreements or agreements with subordinate members of the staff of Available Accordions do not bind the latter, as they have not been confirmed in writing by Available Accordions. In this context, subordinate personnel can be considered to be all employees who do not have a written proxy.
Article 5. Agreement
5-1 The agreement of purchase and sale of goods and / or execution of work will first become binding through its confirmation with Available Accordions
5-2 Every agreement made with Available Accordions contains the resolutive condition that the client will have sufficient creditworthiness, this exclusively determined by Available Accordions. Client allows Available Accordions to request necessary information concerning the client, for which Available Accordions will turn to an external debt collection agency.
5-3 Data concerning the product offered such as properties, dimensions, weights, etc., as well as data in printed matter, drawings, images, etc., given by Available Accordions in the offer, are not binding on Available Accordions and are given in good faith. The client is under the obligation to ensure that printed matters, drawings, images, etc. are neither copied nor handed over to third parties or that third parties are notified of their contents.
Article 6. General terms and conditions of contract partners and / or third parties
6-1 Available Accordions only accepts the applicability of the general terms and conditions of contract partners and / or third parties if these have been explicitly agreed in writing.
6-2 Any applicability of the general terms and conditions of Available Accordions will expire 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 Available Accordions under the mentioned conditions and only apply to the intended transaction. Any later or further transactions will automatically be processed again with the same terms and conditions.
Article 7. Intellectual property rights
7-1 Available Accordions reserves all intellectual property rights to the images, drawings and models appearing in the offers, catalogues, website etc. Reproduction, publication and copying are only permitted with Available Accordions’s written permission.
7-2 The images, drawings and models, etc., referred to in the first paragraph, remain Available Accordions property and must be returned and removed at his first request.
Article 8. Delivery
8-1 The agreed delivery times are not deadlines, unless explicitly agreed otherwise. The delivery times have been set in the expectation that there will not be no (external) obstruction for Available Accordions to deliver the goods or to undertake work.
8-2 Available Accordions has the right to deliver the goods before the agreed delivery time.
8-3 If the ordered goods have not been taken by the client after the delivery period has expired, those goods will be stored for his account and risk. All costs arising from the aforementioned circumstances, including storage costs and any loss of revenue, shall be borne by the client
8-4 If the goods have not been received by the client within four months after the offer for delivery, Available Accordions is entitled to terminate the agreement without judicial intervention and to sell or take back the goods.
8-5 Available Accordions is never liable for direct or indirect consequences due to an exceeding of the delivery period.
Article 9. Partial delivery
9-1 Every partial delivery, which also includes the delivery of goods from a compound order, can be invoiced; in such a case, payment must be made as mentioned in the article “Payment”.
Article 10. Prices
10-1 All agreements are always made based on 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. undergo increases, or exchange rate fluctuations of both domestic and foreign currencies occur, even if these occur due to circumstances already foreseen in the down payment, these may be passed on. If this occurs within three months after the conclusion of the agreement, both parties have the right to terminate the agreement.
Article 11. Deposit
Available Accordions is free to request a deposit of at least 25% of the purchase amount when entering the agreement. If due to an accountable shortcoming in the performance on the part of Available Accordions the agreement is dissolved, the client has the right to a refund of his deposit.
Article 12. Cancellation
12-1 If the client cancels the order and / or refuses to accept goods, he is obliged to purchase materials and raw materials already purchased by Available Accordions, whether or not processed at the cost price, including wages to accept and pay social security costs and he is also obliged to pay Available Accordions a full compensation of what has already been presented. The client is furthermore obliged to indemnify Available Accordions 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, Available Accordions reserves all rights to claim full compliance with the agreement and / or full compensation.
Article 13. Shipment
Shipment will take place in the manner indicated by Available Accordions. If the client wishes to receive a shipment differently, such as express delivery, then the extra costs involved are at the expense of the client.
Article 14. Liability
14-1 Available Accordions is not liable for the costs, damage and interest that might arise as a direct or indirect consequence of:
- Force majeure, as further described in these conditions;
- Deeds or negligence of the client, his subordinates, or other persons employed by him or on his behalf;
- Negligence of the client in the maintenance of the delivered goods;
- Damage to the delivered goods as a result of external mechanical and chemical or biological influences;
- Normal wear and tear on the delivered items as a result of daily use;
- Discoloration of the delivered goods as a result of the effect of light;
- Any other external cause.
14-2 Available Accordions will in principle not be obliged to compensate company and / or consequential damage suffered by a client, depending on the nature of the debt.
14-3 The client indemnifies Available Accordions against claims from third parties for compensation of damage to 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, the client bears the 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 prove that this is the result of negligence on the part of Available Accordions
Article 15. Warranty
For goods sold and delivered with factory,-importer,- or wholesale guarantee only the guarantee rules set by these suppliers apply. Available Accordions uses various guarantee provisions for various product groups:
– New accordions: 24 months warranty
– Used / second-hand products: 6 months warranty
– Accessories: 6 months warranty
Article 16. Materials
16-1 Unless otherwise agreed, the normal commercial quality of the materials will be supplied and processed.
16-2 Goods that Available Accordions must remove during the work can, if desired, accrue to him.
16-3 Subordinate changes (eg minor model changes) of or to the items supplied by Available Accordions give no reason for rejection.
Article 17. Right of retention
When Available Accordions holds goods of the client, he is entitled to retain these goods for payment of all costs he has spent on the execution of the assignment, unless the client has sufficient certainty for those costs asked. Available Accordions has this right of retention even if payments are still due from earlier agreements with the client.
Article 18. Reclamation / Warranty
18-1 The Client is obliged to fully inspect the delivered Good immediately upon delivery for defects and if there are any, to immediately inform Available Accordions in writing.
18-2 If the client does not indicate any defects that could be noticed during a thorough investigation within 14 days after the day of delivery of Available Accordions, the client shall be deemed to agree to the condition in which the sold goods were delivered, and any warranty claim expires.
18-3 Available Accordions must be able to check the submitted guarantees. If agreed, a written statement will be drawn up that must be signed by both parties.
Article 19. Additional work
19-1 The work only comprises that which has been agreed in writing between the parties.
19-2 Additional work ordered orally or in writing before or during the execution of the work is eligible for settlement.
19-3 If Available Accordions has to incur additional costs, that are not the fault of Available Accordions, these additional costs can be charged to the client.
19-4 The applicability of the provisions of Article 7A: 1646 of the Dutch Civil Code is expressly excluded.
Article 20. Outsourcing
Client authorizes Available Accordions to have the assignment carried out by a third party to be designated by him at a time desired by Available Accordions.
Article 21. Changing the order
21-2 Changes in the original order, of any nature whatsoever, made in writing or orally by the client, that cause higher costs than those that could be counted upon in the quotation, the client will be charged extra.
21-2 If changes have to be made after the order has been issued, the client must notify Available Accordions in time and in writing. If the changes are stated orally or by telephone, the client is liable for the risk of the implementation of these changes.
21-3 It may happen that the delivery time agreed is exceeded as a consequence of these changes outside the responsibility of Available Accordions.
Article 22. Force majeure
22-1 Exceptional circumstances, such as storm damage and other natural disasters, obstruction by third parties, obstruction in transport in general, total or partial strikes, riot, war or danger of war both here and in the country of origin of the materials, exclusions, loss or damage of goods during transport to execution or the client, non-delivery or late delivery of goods by suppliers of execution, export and export prohibitions, full or partial mobilization, restrictive measures by any government, fire, malfunctions and accidents in the company 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, cause force majeure for execution, which him release from its obligation to deliver or execute of work, without the client being able to assert any right to compensation of whatever nature or whatever.
22-2 execution is entitled in these or similar cases, entirely at its own discretion, to either cancel the purchase agreement or work performance agreement or to suspend or modify it until the extraordinary circumstances have ceased to exist, the client is obliged to pay for any performance delivered.
Article 23. Retention of title
23-1 As long as Available Accordions has not received full payment regarding the agreement between the parties with regard to the execution of work or of the purchase / sale (including any damage, costs and interest included), delivered goods will remain property of Available Accordions
23-2 Available Accordions has the right to reclaim and take possession of these goods if the negligent client fails to meet his obligations, if he liquidates, requests suspension of payment or has been lost, is declared bankrupt or in case of seizure of his goods.
23-3 All acts of disposal with regard to the sold and delivered goods are forbidden as long as the client has not fulfilled his payment obligations.
Article 24. Completion
24-1 The work is deemed to have been delivered at the time at which Available Accordions informed the client of this in writing or verbally, or if the client took the applied work into use.
24-2 If a certain date of delivery has been agreed upon, it will be automatically extended if there is a stagnation which cannot be charged to Available Accordions, such as unworkable weather, strike, exclusion, war, danger of war or other special circumstances such as in article “Force Majeure” regularly.
Article 25. Non-performance, breach of contract and dissolution
25-1 If the client commits breach of contract in any way, he will only be in default for this with no prior summons or notice of default required
25-2 Without prejudice to the provisions of the Civil Code, in the event of breach of contract, Available Accordions will be entitled to suspend or declare its obligation under the agreement concluded.
25-3 Available Accordions also has the rights stated in Paragraph 2 of this article if the client may be declared bankrupt or if his bankruptcy is requested, if he has applied for or has been granted suspension of payment, his immovable property are taken, his company has been wound up or has been or will be taken by a third party or third parties, or if he intends to leave the Netherlands. In all these cases, all outstanding costs that Available Accordions has on the client will be immediately claimable.
Article 26. Payment
26-1 Payments, including payment in terms and partial deliveries, must be paid within 30 days after the invoice date, unless expressly otherwise agreed in writing.
26-2 Available Accordions is entitled to two reminders if the payment of the owed has not been received by him within the specified period.
26-3 In the event of late, incomplete or incomplete compliance, the client will also owe the extrajudicial as well as the judicial collection costs. This includes all costs due to collection of claims from Available Accordions, such as costs of reminder, costs of collection agencies, bailiffs and costs of legal assistance, costs of bankruptcy applications and legal costs. If these total legal costs are higher than a possible order to pay the costs, the client will also owe Available Accordions the legal costs.
Article 27. Applicability
All agreements and / or actions performed by Available Accordions are governed exclusively by Dutch law; these agreements and / or acts are deemed to have been concluded or performed in the Netherlands.
Article 28. Disputes
28-1. Agreements between Available Accordions and the client to which these general terms and conditions apply are exclusively governed by Dutch law.
28-2. Disputes between Available Accordions and the client regarding the formation or implementation of agreements with regard to products and services to be supplied or supplied by Available Accordions, can be submitted by both the consumer and the entrepreneur, with due observance of the provisions below. to the Geschillencomissie, Postbus 90600, 2509 LP, Den Haag (The Hague) (www.sgc.nl).
28-3. A dispute will only be handled by the Geschillencomissie if the consumer has first submitted his complaint to the entrepreneur and has been given six weeks to respond to the complaint.
28-4. No later than 6 months after the dispute has arisen, the dispute must be submitted in writing to the Geschillencomissie.
28-5. If the client wishes to submit a dispute to the Geschillencomissie, Available Accordions is bound by this choice. If Available Accordions wants to do so, the client must, within six weeks of a request made in writing by Available Accordions, have to state in writing whether he also wishes this or wants the dispute to be dealt with by the competent court. If Available Accordions does not hear of the client’s choice within the six-week period, Available Accordions is entitled to submit the dispute to the competent court.
28-6. The Geschillencomissie makes a decision under the conditions as laid down in the Regulations of the Geschillencomissie (http://www.degeschillencommissie.nl). The decisions of the Geschillencomissie are made by means of binding advice.
28-7. The Geschillencomissie will not deal with a dispute or cease its treatment if Available Accordions has been granted a deferment of payment, it has become bankrupt or its business activities have actually been terminated, before a dispute has been dealt with by the committee at the hearing and a final judgment has been given.
7312 CV Apeldoorn
Telephone: +31 55 303 41 32