General Terms and Conditions
Article 1. Identity of the Company
Sound Factory B.V.
2908 KA Capelle aan den IJssel
Chamber of Commerce number: 32064567
VAT identification number: NL001063558B01
Article 2. Applicability
2.1 On all offers, orders and distance agreements between the consumer (hereinafter “you” or “the consumer”) and Sound Factory B.V. (hereinafter “SF”, “we” or “us”), these General Terms and Conditions apply. These General Terms and Conditions also apply if SF engages group companies or other third parties for the performance of agreements with you.
2.2 The conditions are accessible to anyone and are included on the SF website. We will send you a written copy free of charge on request.
2.3 Before the distance contract is concluded, the General Terms and Conditions of SF are made available to the consumer. If this is not reasonably possible, SF will indicate before the agreement is concluded how the General Terms and Conditions can be inspected free of charge.
2.4 It is only possible to deviate from these General Terms and Conditions in writing. In that case, the other provisions of these General Terms and Conditions will remain in force.
Article 3. Offer
3.1 SF's offer contains a complete and accurate description of the product offered. The description is sufficiently detailed to allow a proper assessment by the consumer. Any images added are a true representation of the product offered. SF is not bound by apparent mistakes or errors in the offer.
Article 4. Agreement
4.1 An agreement between SF and a consumer is concluded after an order has been assessed and accepted by SF. SF will electronically confirm acceptance of the distance contract as soon as possible.
4.2 SF reserves the right not to accept orders or assignments without giving reasons. If your order is not accepted, you will be notified within ten (10) working days.
Article 5. Prices and payment
5.1 The prices of the products and services offered by SF are stated in euros, including VAT and excluding shipping costs, any taxes or other charges, unless explicitly stated otherwise or agreed in writing.
5.2 All prices on the SF website are without prejudice to possible printing and typing errors.
5.3 If the prices of the offered products increase in the period between the time of your order and the execution of the order by SF, you have the right to cancel the order within ten (10) working days after notification of the price increase by SF.
5.4 Unless otherwise stipulated in the agreement or additional conditions, and insofar as not already paid when placing the order, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the agreement.
5.5 If the consumer does not fulfill his payment obligation on time and, after SF has informed him/her of the late payment and has granted a grace period of 14 days to fulfill his/her payment obligations, he/she still fails to fulfil his/her payment obligations within this 14-day period, statutory interest is due on the amount owed and SF is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of 15% of the outstanding amount.
Article 6. Delivery
6.1 SF will exercise the greatest possible care when receiving and executing orders for its products.
6.2 The shipping costs charged to the consumer are indicated on our website and are confirmed in the order.
6.3 Delivery takes place when the products are offered at the specified delivery address. The place of delivery is the address that the consumer makes known to SF.
6.4 Delivery is subject to availability of products.
6.5 The delivery times stated on the website are indicative. You will receive your order expeditiously and within 30 working days at the latest, unless otherwise indicated by SF. If delivery is delayed, or if an order cannot or can only partially be executed, you will be notified of this no later than 30 days after the order has been placed.
6.6 An exception to the delivery time will be made in relation to pre-order items. In this case, you will be provided with an estimated shipping time related to when we expect the product to be in stock.
6.7 As a general rule, in most cases we try to send a complete order to you in one batch. This can be deviated from if the order consists of several items and the delivery time of one or more items exceeds the delivery indication.
6.8 The risk of damage and/or loss of ordered products rests with SF until the moment of delivery to the consumer or a pre-designated representative announced to SF, unless expressly agreed otherwise.
6.9 Products or services ordered from SF may be subject to import duties and taxes. You, the customer, will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes.
Article 7. Cancellation right
7.1 If you decide not to wish to keep the purchased product, you have the right to return the product within fourteen (14) days without giving any reason. Before proceeding to return, you must notify SF in writing within the period of fourteen (14) days after delivery by means of the model withdrawal form. The model withdrawal form is available on the SF website. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition without broken plastic seal. If the products used by the consumer have become encumbered or damaged in any way, the right to cancellation within the meaning of this paragraph will lapse.
7.2 The risk and the burden of proof for the correct and timely exercise of the right of cancellation lies with the consumer. If the product has already been paid for, the full order amount, including the shipping costs calculated by SF, will be refunded by SF within fourteen (14) days after notification. SF may withhold the refund until it has received the returned product.
7.3 The consumer bears the direct costs of returning the product.
7.4 If you have ordered several products in the same order, the 14-day reflection period starts when you have received the last product from SF.
7.5 SF can exclude the following products and services from the right of cancellation, but only if SF has clearly stated this in the offer, at least in time before the conclusion of the agreement:
- sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
Article 8. Guarantee
8.1 SF guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and thus guarantees the manufacturer's warranty of the product delivered to you.
Article 9. Force majeure
9.1 SF is not liable if the concluded agreement cannot be fulfilled in whole or in part, temporarily or otherwise, as a result of force majeure. In a case of force majeure, SF has the right to suspend the execution of your order, or to dissolve the agreement, without legal intervention, by notifying you in writing, or to demand that the content of the corresponding is changed to allow execution. Under no circumstances is SF obliged to pay any fine or compensation.
9.2 Force majeure on the part of SF is understood to mean any circumstance that should not reasonably be at the risk of SF.
Article 10. Images and Specifications
10.1 All images and information regarding weights, dimensions, colors, labels and other specifications on the SF website are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
Article 11. Data protection
11.1 If you place an order with SF, your data will be included in SF's customer database. SF adheres to the General Data Protection Regulation and will not provide your information to third parties. For more information, please refer to the Privacy Terms on our website.
11.2 SF respects the privacy of the users of the webshop and ensures confidentiality of their personal data.
Article 12. Complaints
12.1 Complaints about the performance of the agreement must be submitted to SF, fully and clearly described, within 14 days after the consumer has discovered the defects.
12.2 Complaints submitted to SF will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, SF will reply within 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
12.3 The consumer must in any case grant SF 4 weeks’ time to resolve the complaint in mutual consultation. After this period, the dispute is open to resolution in accordance with Article 13.
Article 13. Applicable Law
13.1 These General Terms and Conditions and all rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
13.2 All disputes between parties are exclusively submitted to the competent court in the Netherlands.