These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between Valentina Musical Instruments, KvK nr. 69059942 including its subsidiary thatcymbalshop.com (Hereinafter "ThatCymbalShop") and the customer. Customers may be businesses or consumers. A consumer shall mean a contracting party that is a natural person and is not acting in the conduct of any business or profession. A business shall mean a natural or legal person or a partnership with legal capacity which, in conducting a legal transaction, is acting in the exercise of its trade or profession.
The present General Terms and Conditions of Business (Hereinafter 'Terms') replace all other terms and conditions to which reference is made on your part or in connection with any business transaction. Accordingly the present Terms replace all other terms and conditions applied by ThatCymbalShop's legal predecessors.
ThatCymbalShop is entitled to change its General Terms and Conditions of Business at any time and without advance notice. It is therefore also advisable to regularly check these General Terms and Conditions of Business. The content of agreements that have come about on the basis of previous terms remain in effect.
What is stipulated in these terms may only be waived in writing in which case the remaining provisions remain in effect uncurtailed.
§2 Quotation and offers
Mention of any kind in catalogues, brochures, quotations, price lists, order confirmations or other printed sources as well as via the internet, email or other methods is made as detailed possible but is nonetheless not binding. ThatCymbalShop is therefore not liable for misprints, typos, mathematical errors or for any lack of clarity or its consequences.
The quotations and offers made by ThatCymbalShop are without commitment unless otherwise agreed and a duration of validity is mentioned in a written offer. ThatCymbalShop is not bound by agreements made with its personnel. ThatCymbalShop additionally reserves the explicit right to change prices such as for instance when this may appear to be necessary due to a statutory) provision.
By clicking 'Afrekenen', the customer makes a legally binding to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon our separate order confirmation. The contract is stored, and the order data and the General Terms and Conditions of Business are sent to the customer by email. Customers can view all of their previous orders by logging into the customer service pages of the website.
ThatCymbalShop reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. If ThatCymbalShop does not accept an order it will make notification to that effect within 14 days of receipt of the order. Any considerations which have already been provided shall be reimbursed without delay. Further claims against ThatCymbalShop shall be excluded.
The contractual language is English.
The information to be processed by ThatCymbalShop, supporting documentation and/or materials for execution of your order should be submitted free of charge on time and on the dates to be given by ThatCymbalShop at the address indicated by the latter. In the case of deliveries not made free the client will be invoiced for freight costs incurred and/or postage costs without prejudice to ThatCymbalShop's right to refuse a non-free shipment.
If you are informed that the information given for your order, supporting documentation and/or materials have been made available to you the latter should be picked up within 10 days, failing which ThatCymbalShop has the right to bill you for storage costs. The submission of such information and/or supporting documentation is at your own risk.
If you have not made any objections within seven days after the order confirmation is sent the latter is deemed to accurately and fully reflect the agreement.
ThatCymbalShop reserves the right to perform more work and invoice you for it than was explicitly ordered if such activities are in your interests and/or are for the proper execution of your order. You will be informed thereof as soon as possible about the execution of these supplemental activities.
§3 Delivery and delivery date
The delivery period begins after the agreement has been entered into, all information necessary for its execution is in possesion of ThatCymbalShop, payment has been made and all ordered goods have been received into stock.
If delivery fails to occur within 30 days subsequent to the beginning of the delivery period the customer is entitled to rescind the agreement in writing without either of the parties being obligated to pay any damage compensation unless something else has been agreed with reference to the delivery date and damage compensation.
An agreed delivery period is not a deadline unless otherwise explicitly agreed. The delivery period is thus only indicative. If the delivery period is exceeded you are not entitled to damage compensation or to cancel the order or to rescind the agreement unless the passing of the delivery date is such that you cannot reasonably be expected to maintain the agreement and you informed ThatCymbalShop to that effect when the agreement was entered into. You are in that case entitled to cancel the order as well as to rescind the agreement to the extent that is necessary.
Even if it has been agreed that the delivery period is a deadline then that agreed deadline only applies if and to the extent that the information required for execution of the order is made available to ThatCymbalShop at the agreed time and in the agreed place, the agreement has been entered into and payment has been made. Checking on timely delivery of the information required should be accomplished by you. Any eventual extra costs resulting from non-timely submission of the information required will be invoiced to you without prior consultation.
Delivery of the products occurs at the time and place at which the products are at your disposal and where you take delivery.
If due to circumstances for which you are responsible the agreed performance by ThatCymbalShop cannot be rendered while ThatCymbalShop is able and ready to deliver then ThatCymbalShop may store the items available by you at your expense and risk at a site chosen by ThatCymbalShop. By means of simple written notification of this act the delivery is deemed to have taken place. You are then obliged to compensate ThatCymbalShop for storage costs according to the customary rate.
If after two successive written notifications from ThatCymbalShop, the final one being sent by registered post, you fail within a period of three months to pick up the goods ThatCymbalShop is then entitled to sell the goods in question and to recoup the amount you owe from the proceeds.
ThatCymbalShop is allowed to deliver sold items in part deliveries. This does not apply if partial delivery has no independent value. If the items are delivered in part deliveries then Key Music is entitled to invoice each of them separately.
If an order must be accelerated overtime and/or eventually incurred costs will be invoiced.