Terms & conditions

Definitions:

The "Buyer" means the Account Applicant or person who buys or agrees to buy Goods from the Seller.

The "Seller" means Good Hifi VOF registered in the Dutch trade register under number 37138232 0000.

“Conditions" means these Terms and conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

1. Conditions

1.1 These "Terms and Conditions" do not affect your statutory rights as a consumer.

1.2 Accepting an offer or placing an order means buyer accepts these terms and conditions.

2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.

2.3 If any amendments to this terms and conditions are required it is preferable that they be confirmed in writing.

2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

2.5 Buyer’s purchase order (“Purchase Order”) shall be binding upon Seller upon receipt thereof by the Seller, unless Seller informs Buyer by mail, fax, e-mail or any other (electronic) communication tool of the contrary. A binding Purchase Order as used hereabove shall mean that Seller accepts delivering the Products to Buyer under the present Terms and Conditions of Sale. If Seller does not receive written notice to the contrary, Buyer accepts without any reservations that Seller delivers the Products to Buyer under the present Terms and Conditions of Sale. Once accepted by Seller, the Purchase Order cannot be cancelled or modified by Buyer unless Buyer fully compensates Seller for any damage, expense or loss incurred by Seller resulting directly from such cancellation or modification.

2. Prices / offers

2.1 The Price shall be that on the Seller’s current list price, web site, or if applicable the price contained in the Seller’s Quotation of e-mail offer

2.2 Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.

2.3 All Prices are inclusive of VAT and charges for packing, postage and Carriage (plus VAT) which shall be paid in addition unless agreed otherwise.

2.4 The total purchase price, including VAT and Delivery charges will be displayed in the offer made to the Buyer.

3. Payment

3.1 In the case of consumer sales, payment must be made in full before dispatch of any Goods.

3.2 In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.

3.3 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable

3.4 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above ABN AMRO base lending rate for the time being in force per calendar month.

4. Delivery

4.1 Products supplied within the European Union will normally be delivered within 7 working days of payment.

4.2 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.

4.3 Good will be delivered using TNT priority mail service unless agreed otherwise.

4.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

5. Cancellation and Returns

If you cancel your purchase, we will reimburse all payments we received from you, including the costs of delivery (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the cheapest option offered by us), and we will you repay immediately, at the latest within fourteen days, from the date on which the items have been received back by us in the original (new) condition. For this redemption, we use the same method of payment that you used for the original transaction, unless we agreed otherwise; in any case you will be charged with fees we are charged with for this repayment.

The customer has the obligation to clearly mark the items returned as a return. If Dutch customs still charges import costs, we will pass these costs on to the customer and dedust them from the reimbursed price.

We may withhold reimbursement until we have received the returned goods back in the original condition.

You can send any goods you want to return to:

Good Hifi VOF

Maroesjka Bakker & Myrko Schneider

Keizerfazant 29

1704WL Heerhugowaard

The Netherlands

Tel. 0031640381232 (Monday-Saturday from 9-18 [GMT+1]

E-mail: info@goodhifi.com

We will only process returns which can be traced back to you. To make sure we can trace the return back to you we recommend you to include our „return form“ which we will send to you by e-mail upon first request. Any unnamed/anonymous returns will not be processed by us and no refunds will be made.

You have to return the goods immediately and in any event not later than 14 (fourteen) days from the date on which you received your purchase.

You bear the direct cost of returning the goods.

When we reveice damaged items or we do not receive anything at all, no refund will be given at all.

6. Ownership and Risk

6.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.

6.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.

6.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.

6.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either

a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or

b) at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.

7. Warranty & liability

7.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.

7.2 If you are a consumer you have the right, in addition to your other rights, to cancel your contract with Good Hifi and receive a refund. You must contact us and inform us in writing of your desire to cancel your contract within 5 working days of receipt of the relevant product(s). You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey.

7.3 Liability of Seller is restricted to:

- delivering the goods again or

- providing a refund

Seller is never liable for the use of or the repair performed with our products, unless the repair is performed by Sellers personel. Seller is not liable to any damage caused while repairing speakers with Seller’s goods.

8. Electronic communication & evidence

8.1 Seller is not liable for miscommunication or delay(s) of data or messages send over the internet or any other communication channel.

8.2 Seller’s administration is a full proof of the existence, and the content of agreement(s) between Seller and buyer, unless buyer can proof seller to be wrong.

9. Force majeure

In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.

10. Complaints

10.1 If you have a complaint about our service or any goods or services you purchase from Good Hifi VOF then please contact us immediately.  You will be contacted as soon as possible and definitely within 24 hours of our hearing from you and aim to provide a resolution within 5 working days.

10.2 All complaints will be dealt with in a fair and confidential manner.

11. Applicable law

11.1 Any contracts shall in all respects be construed and operate as a Dutch contract and in conformity with Dutch law among which the Dutch law on distant sales (in Dutch).

11.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.

12.  No Waiver

12.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

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januari 17th 2008