General Terms and Conditions
Article 1. Identity of the Company
Music On Vinyl B.V.
2031 CP Haarlem
Chamber of Commerce number: 34176614
VAT identification number: NL810873540B01
Article 2. Applicability
2.1 On all offers, orders and distance agreements between the consumer (hereinafter “you” or “the consumer”) and Music On Vinyl B.V. (hereinafter “MOV”, “we” or “us”), these General Terms and Conditions apply. These General Terms and Conditions also apply if MOV 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 MOV 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 MOV are made available to the consumer. If this is not reasonably possible, MOV 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 MOV'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. MOV is not bound by apparent mistakes or errors in the offer.
Article 4. Agreement
4.1 An agreement between MOV and a consumer is concluded after an order has been assessed and accepted by MOV. MOV will electronically confirm acceptance of the distance contract as soon as possible.
4.2 MOV 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 MOV 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 MOV website are without prejudice to possible printing and typing errors.
5.3 We accept payments with all major credit and debit cards via our secure payment pages. The cardholder will be charged immediately for the credit card transaction.
5.4 If the prices of the offered products increase in the period between the time of your order and the execution of the order by MOV, you have the right to cancel the order within ten (10) working days after notification of the price increase by MOV.
5.5 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.
5.6 If the consumer does not fulfill his payment obligation on time and, after MOV 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 MOV 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 MOV will exercise the greatest possible care when receiving the orders for its products. The execution of the shipment of your order will be taken care of by Sound Factory BV. DPD and FedEx will be used as carriers.
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 MOV.
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 MOV. 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. If you place an order with both pre-order items and items Music On Vinyl has in stock, your entire order will be shipped on the latest pre-order date of any of the pre-ordered items.
6.8 The risk of damage and/or loss of ordered products rests with MOV until the moment of delivery to the consumer or a pre-designated representative announced to MOV, unless expressly agreed otherwise.
6.9 Products or services ordered from our MOV At The Movies Webshop 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 MOV in writing within the period of fourteen (14) days after delivery by contacting firstname.lastname@example.org. 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 MOV, will be refunded by MOV within fourteen (14) days after notification. MOV 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 MOV.
7.5 MOV can exclude the following products and services from the right of cancellation, but only if MOV 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 MOV 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 MOV 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, MOV 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 MOV obliged to pay any fine or compensation.
9.2 Force majeure on the part of MOV is understood to mean any circumstance that should not reasonably be at the risk of MOV.
Article 10. Images and Specifications
10.1 All images and information regarding weights, dimensions, colors, labels and other specifications on the MOV 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 MOV, your data will be included in MOV's customer database. MOV adheres to the General Data Protection Regulation and will solely share this information with third parties to accomplish our agreement with you. For more information, please refer to the Privacy Terms on our website.
11.2 MOV 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 MOV, fully and clearly described, within 14 days after the consumer has discovered the defects.
12.2 Complaints submitted to MOV will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, MOV 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 MOV 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.