ARTICLE 1 DEFINITIONS
In these General Terms and Conditions the following terms shall be capitalized. These terms shall mean:
‘Reflection period’: the period within which the Customer may use its right of withdrawal.
‘Right of withdrawal’: the option of the Customer to withdraw from the distance agreement within the reflection period.
‘GlowBird Records’: GlowBird Records a label with signed artist: Jack and the Weatherman Located in Haarlem, The Netherlands registered in the Trade Register of the AmsterdamChamber of Commerce under number 63109026
VAT number: NL855096056B01
‘Customer’: a natural person not acting in the exercise of a profession or business who concludes a distance Agreement with GlowBird Records or a natural person acting in the exercise of a profession or business who concludes a distance Agreement with GlowBird Records.
‘Agreement’: any agreement concluded between GlowBird Records and the Customer in the context of an organized distance sales or service system without the simultaneous physical presence of GlowBird Records and Customer and which, up to and including the moment at which the agreement is concluded, makes exclusive use of one or more means of distance communication.
‘Acknowledgement of receipt’: the acknowledgment of receipt, as defined in Article 3.2 of these Terms and Conditions.
‘Product(s)’: the Product or Products that at the conclusion of an Agreement between GlowBird Records and the Customer by or through GlowBird Records Webshop shall or should be delivered to the Customer within an agreed period, for which Customer shall pay a certain price;
‘Terms and Conditions’: these general terms and conditions of webshop.
‘Website’: www.jackandtheweatherman.nl, where GlowBird Records sells products to both national and international customers.
ARTICLE 2 SCOPE
2.1 These Terms and Conditions apply to all distance offers, orders and Agreements concluded with the Customer through the Website of GlowBird Records and where GlowBird Records is the supplier. The Customer expressly accepts these Terms and Conditions when concluding an Agreement between the Customer and GlowBird Records, through the procedure as described in Article 3 of these Terms and Conditions.
2.2 Before the distance Agreement is concluded, the text of these Terms and Conditions shall be made available to the Client in such a way that it can be easily stored on a durable data carrier by the Customer.
2.3 Deviations from the provisions of these Terms and Conditions may only take place with the written approval of GlowBird Records, in which case the other provisions of these Terms and Conditions shall remain in full force.
2.4 All rights and claims, as stipulated in these Terms and Conditions and in any further Agreements on behalf of GlowBird Records, are also stipulated on behalf of intermediaries and other third parties engaged by GlowBird Records.
2.5 GlowBird Records has the right to change these Terms and Conditions and the content of its Website.
ARTICLE 3 OFFERS/AGREEMENTS
3.1 If GlowBird Records should increase the purchase price of the product pursuant to a statutory regulation or a final and nonappealable court ruling, it will notify the Customer of this immediately in writing (by letter or e-mail). The Customer shall, in such case, be entitled to terminate this Agreement by giving written notice to GlowBird Records (by letter or e-mail) GlowBird Records is not bound by its offer in the event of printing, typographical or programming errors in its catalogues, mailings or on the Website. GlowBird Records is not liable for the consequences of inaccurate or incomplete information in its catalogues, mailings or on the Website.
3.2 The Agreement is concluded at the time of acceptance by the Customer of the offer and the fulfilment of the corresponding conditions. If the Customer has accepted the offer electronically, GlowBird Records shall immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed, the Customer may terminate the Agreement.
3.3 GlowBird Records may investigate, within the statutory parameters, whether the Customer can meet its payment obligations and investigate all those facts and factors that are important for the responsible conclusion of a distance Agreement. If GlowBird Records on the basis of this investigation has sound reasons for not entering into the Agreement, it is entitled to refuse an order or request giving reasons or to attach special conditions to the performance of the Agreement.
3.4 The Acknowledgement of receipt shall in each case contain the following information:
(a) a description of the Product that is purchased by the Customer and the number of Products purchased by the Customer;
(b) the price of the Product(s), including taxes;
(c) the name, residential address, delivery address of the Customer(s) where the Product(s) should be sent, billing address (if different from the residential address and/or delivery address), e-mail address and telephone number of the Customer;
(d) any costs of delivery;
(e) the order number of the Agreement.
3.5 The Agreement contains all arrangements made between the Customer and GlowBird Records and replaces all previous Agreements, schemes and/or arrangements between the Customer and GlowBird Records.
3.6 The administration of GlowBird Records applies as evidence, subject to evidence to the contrary, of the Orders placed by the Customer to GlowBird Records, of payments made and of deliveries carried out by GlowBird Records. GlowBird Records recognizes that electronic communication can serve as evidence. By accepting these Terms and Conditions, this is also recognized by the Customer.
ARTICLE 4 TRANSPORT AND DISPATCH COSTS
4.1 All prices for the Products are in GlowBird Recordsos and include turnover tax (VAT) and other levies imposed by the government. Transport costs are calculated separately, depending on the destination and the total amount of the order and are provided to the Customer before the Customer concludes the Agreement:
€ 2.95 per personal order (visitor) dispatched within the Netherlands;
€ 4.95 per internal order (employee of GlowBird Records) dispatched within the Netherlands;
€ 14.95 per item for dispatch outside the Netherlands, but within GlowBird Recordsopean Union;
€ 24.95 per item for dispatch outside GlowBird Recordsopean Union.
4.2 An internal order means that an employee of GlowBird Records places an order. He/She accesses the webshop through a link on GlowBird Records site and logs in with his/her ERNA account to place an order. To pay, the employee must enter a cost centre or budget number, building and room number for delivery.
4.3 GlowBird Records determines the mode of delivery and is entitled to deliver orders in parts.
4.4 The risk during the transport of the Product ordered by the Customer is for GlowBird Records. At the time physical possession of the Product is taken, the risk of the Product passes to the Customer, subject to legal obligations that cannot be excluded by GlowBird Records.
4.5 For orders from abroad, any applicable bank charges, turnover tax and import duties are for the account of the Customer. A Customer from abroad may not pay by direct debit authorisation.
ARTICLE 5 DELIVERY TIME
5.1 If GlowBird Records and the Customer have not agreed on a specific delivery date in the Agreement, the delivery of the Product within GlowBird Recordsopean Union shall take place as soon as possible and in any event not later than thirty calendar days after the conclusion of the Agreement. Delivery outside GlowBird Recordsopean Union shall take place within a reasonable period of time.
5.2 If the agreed delivery period, for any reason whatsoever, is exceeded by GlowBird Records, GlowBird Records shall immediately notify the Customer of this in writing (by letter or e-mail). In such case, the Customer may request GlowBird Records to make the delivery within an additional period which is appropriate in the circumstances. If GlowBird Records does not make the delivery within the additional period, the Customer is entitled to terminate the Agreement.
5.3 The payments made by the Customer in the context of the performance of the Agreement which is cancelled by Customer, pursuant to Article 5.2 of these Terms and Conditions, shall be repaid to the Customer by GlowBird Records within 14 calendar days after GlowBird Records has received the request referred to in Article 5.2.
5.4 If the Customer has sustained demonstrable damage as a result of GlowBird Records exceeding the delivery period, GlowBird Records shall reimburse the Customer for this damage to a maximum amount of the invoice amount, irrespective of whether the Customer has terminated the Agreement with GlowBird Records.
ARTICLE 6 RIGHT OF WITHDRAWAL
6.1 After the Customer has received the Products ordered by it, the Customer is entitled to terminate the underlying Agreement with GlowBird Records within 14 calendar days after receipt of this Product. The Customer is not required to give a reason for this. This provision does not apply to Products:
a. that are altered by GlowBird Records in accordance with the Customer’s specifications;
b. that are clearly of a personal nature;
c. that by their nature cannot be returned;
d. that quickly become obsolete or spoil;
e. for which the price depends on fluctuations in the financial market, over which GlowBird Records has no influence;
f. such as individual newspapers and magazines;
g. such as audio and video recordings and computer software of which the Customer has broken the seal;
6.2 If the Customer wishes to terminate the Agreement pursuant to Article 6.1 of these Terms and Conditions, the Customer should inform GlowBird Records of this in writing (by e-mail or letter). The Customer is required to return the Product to GlowBird Records as soon as possible or within 14 calendar days. The Customer must bear the cost and risk of returning the Product.
6.3 The payments made by the Customer at the time that the Customer cancels the Agreement with GlowBird Records, pursuant to Articles 6.1 and 6.2 of these Terms and Conditions, shall be repaid by GlowBird Records to the Customer within 14 calendar days after GlowBird Records has been informed of the decision by the Customer to cancel the Agreement, including delivery charges (but excluding any additional costs resulting from the choice of the Customer for a different delivery than the cheapest standard delivery provided by GlowBird Records). Repayment shall be made by the same method of payment used by the Customer in the original transaction, unless the Customer has explicitly agreed otherwise; in both cases no fee will be charged to the Customer for such repayment.
6.4 If a Product is returned that, in the opinion of GlowBird Records, has suffered damage or has been reduced in value as a result of the treatment of the Product(s) which exceeded that which was necessary to determine the nature, characteristics and functioning of the Product(s), then GlowBird Records shall notify the Customer of this in writing (by letter or e-mail). GlowBird Records is entitled to deduct the reduction in value of the Product as a result of this damage from the amount payable to the Customer
ARTICLE 7 NO GOOD, MONEY BACK
7.1 If, within 30 calendar days after the Customer has received the Product, the Product is found to have a defect or the Customer is of the opinion that the Product does not reasonably meet its requirements, the Customer has two options:
(a) the Customer may request GlowBird Records in writing (by letter or e-mail) for the repair, replacement or the delivery of the missing or defective part of the Product; or
(b) the Customer may terminate the Agreement with GlowBird Records, by informing GlowBird Records of this in writing (by letter or e-mail).
7.2 If the Customer asks GlowBird Records to repair, replace or deliver the missing or defective part of the Product, the Customer must return the Product to GlowBird Records. GlowBird Records shall then repair, have repaired or replace the Product within a reasonable time after it has received the Product from the Customer and send it back to the Customer. The cost of the return shipment by the Customer, the replacement and/or repair of the Product, and the return of the Product to the Customer shall be for the account of GlowBird Records, unless it is plausible that the missing (part of the) Product or the defect to the Product is attributable to the Customer or is otherwise for the account and risk of the Customer. In such case, GlowBird Records is not required to repair the defect to the Product or add the missing part to the Product. In such case, GlowBird Records shall return the Product to the Customer in the same condition as that in which it received the Product from the Customer.
7.3 If the Customer terminates the Agreement on the basis of Article 7.1 (b) of these Terms and Conditions, the Customer must immediately return the Product to GlowBird Records. The costs of the return dispatch are for the account of GlowBird Records. The purchase price of the Product shall be refunded within 14 calendar days to the bank account of the Customer. Article 6.4 of these Terms and Conditions applies to this paragraph.
ARTICLE 8 GENERAL
8.1 The Customer must respect all intellectual property rights of the Product delivered by GlowBird Records.
ARTICLE 9 GUARANTEES
9.1 The Products supplied by GlowBird Records have a guarantee. This is a guarantee as is provided by the manufacturer for its Products. This guarantee does not affect the rights of the Customer arising from the law, these Terms and Conditions or the Agreement.
ARTICLE 10 COMPLAINTS
10.1 All complaints related to the delivery, quality and condition of the Product or any other complaint shall be dealt with by GlowBird Records.
10.2 The Customer must make a complaint known to the Customer Service department of GlowBird Records (details are listed in Article 12 of these Terms and Conditions).
10.3 GlowBird Records shall attempt to resolve the complaint within 14 calendar days. If a complaint requires a foreseeably longer time for processing, GlowBird Records shall inform the Customer of this within the period of 14 calendar days after receipt of the complaint and indicate when the Customer can expect to receive a more detailed response. GlowBird Records shall inform the Customer of this in writing (by letter or e-mail).
ARTICLE 11 PRIVACY
1.1 GlowBird Records respects the privacy of the Customers of its site and ensures that the personal data provided to GlowBird Records is kept confidential. GlowBird Records acts hereby in accordance with the relevant provisions of the Data Protection Act (Wet Bescherming Persoonsgegevens). GlowBird Records uses the personal data to process orders as quickly and easily as possible and provide Customers with the most complete service possible through the Customer Service department. Furthermore, GlowBird Records shall not sell or trade any data provided to it to third parties. The data of the Customer shall only be made available to third parties that are directly involved in carrying out the order.
11.2 GlowBird Records has registered the processing of personal data with the Data Protection Authority (College Bescherming Persoonsgegevens), under number …. More information about the Data Protection Authority and privacy can be found at http://www.cbpweb.nl.
11.3 The Customer may inspect his or her personal data at any time by submitting a written request (by letter or e-mail) to this effect to GlowBird Records, webshop department. In such case, GlowBird Records shall provide the Customer with an overview of his/her personal data held by GlowBird Records webshop within 4 weeks. If the Customer believes that his or her personal data should be corrected, supplemented, deleted or protected because it is factually incorrect, is irrelevant for the above purpose (see paragraph 11.2 of these Terms and Conditions) or is processed in violation of a statutory regulation, the Customer should notify GlowBird Records of this in writing (by letter or e-mail), in which the Customer indicates that his or her personal data should be corrected, supplemented, deleted or protected. If the Customer wishes his or her personal data to be improved and/or supplemented, the Customer shall include these improvements/additions to his or her personal data in its notification. In all cases, GlowBird Records shall immediately comply with the instructions of the Customer, unless GlowBird Records is unable to do so. In such case, GlowBird Records shall remove the personal data of the Customer from its file(s). GlowBird Records shall instruct any third parties, to whom the personal data of the Customer has been provided, to process any changes, protection or deletion of the personal data of the Customer.
ARTICLE 12 GlowBird Records CUSTOMER SERVICE DEPARTMENT
All correspondence based on these Terms and Conditions should take place with:
Bloemhofstraat 9 ZW, 2012 ZV Haarlem
ARTICLE 13 APPLICABLE LAW, MEDIATION AND DISPUTES
13.1 All Agreements concluded with GlowBird Records are governed by Dutch law.
13.2 In principle, the courts have jurisdiction to hear disputes between the parties unless the parties agree otherwise.
13.3 In the event of a conflict between GlowBird Records and a Customer, a natural person acting in the exercise of a profession or business, then the Haarlem Court is authorised to take cognizance of the dispute.
13.4 In the event of a conflict between GlowBird Records and a natural person not acting in the exercise of a profession or business, then a court located in the capital of the country where the individual has his actual residence has jurisdiction.
– General Terms and Conditions of Jack and the Weatheman Webshop 2015 –