Terms and Conditions
1. General
1.1 These Terms and Conditions (T&Cs) contain the provisions and conditions agreed upon between us, Guitar Training Studio, Driehoekstraat 1, BE-3891 Gingelom (hereinafter referred to as the “Seller” or “we”) and a consumer or entrepreneur (hereinafter referred to as the “Customer”) for the purchase of the offered goods and services, unless modified by written agreements between the parties.
A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.2 Changes to these conditions will be communicated to the customer in writing, by fax, or by email. If the customer does not object to these changes within four weeks of receiving the notification, the changes are deemed to have been accepted by the customer.
2. Conclusion of the Contract
2.1 The presentation of the offered goods and services does not constitute a binding offer by the seller. Only the order of goods or services by the customer constitutes a binding offer. In case of acceptance of the purchase offer by the seller, the seller will send an order confirmation to the customer via email.
2.2 After submitting the offer and successfully completing the order, the customer will receive a purchase confirmation via email with the relevant details. The customer must ensure that the email address they have entered is correct.
2.3 During the ordering process, the customer has the opportunity to correct the entered data. Before completing the ordering process, the customer receives an overview of all order data and has the opportunity to check their input.
2.4 The conclusion of the contract is in Dutch.
2.5 The Seller will contact the Customer via email.
2.6 In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in time and place, to use the provided digital content for private and business purposes. Transfer of the content to third parties, as well as reproduction for third parties, is not permitted unless authorized by the seller.
3. Payment Conditions
3.1 The purchase price is due immediately upon ordering. Payment for the goods must be made using the specified payment methods.
3.2 The prices applicable at the time of the order are valid. The prices mentioned in the price information include the statutory value-added tax.
3.3 The customer may only offset claims of the seller with undisputed or legally established counterclaims or counterclaims that are open to settlement.
4. Shipping Conditions
4.1 The shipping of the ordered goods takes place according to the agreements made. Any shipping costs are listed in the product description and are shown separately on the invoice.
4.2 Digital goods are made available to the customer in electronic form, either as a download or via email.
5. Right of Withdrawal
If a customer acts as a consumer according to Dutch law, they generally have the right to a statutory right of withdrawal. If a customer acts as an entrepreneur in the exercise of their commercial or independent professional activity, they are not entitled to a statutory right of withdrawal. More information about the right of withdrawal can be found in the withdrawal policy on the payment page of the product.
6. Warranty
If the delivered goods have defects, the customer has the right to demand subsequent performance within the framework of the statutory provisions. If this is not possible, the customer may withdraw from the contract or reduce the purchase price. The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.
7. Limitation of Liability
7.1 The Seller is liable for intent and gross negligence. Furthermore, the Seller is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which a customer regularly relies. In the last case, however, the Seller is only liable for the contract-typical, foreseeable damage. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
7.2 The above exclusions of liability do not apply in the event of injury to life, limb, or health. Liability under the Product Liability Act remains unaffected.
7.3 Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the Seller is not liable for the constant and uninterrupted availability of the online trading system and the online offers.
8. Final Provisions
8.1 Changes or additions to these terms must be made in writing. This also applies to the waiver of this written form requirement.
8.2 The law of the Netherlands applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the consumer has their habitual residence remain unaffected.
8.3 If the consumer had their residence or habitual abode in the Netherlands at the time of the conclusion of the contract and has moved out at the time of the filing of the lawsuit or if their residence is unknown at that time, the place of jurisdiction for all disputes is the location of the seller’s registered office.
If a consumer does not have their domicile or habitual residence in a member state of the European Union, the courts at the seller’s place of business have exclusive jurisdiction over all disputes.
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Netherlands, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business.
8.4 If individual provisions of this agreement are invalid or contradict the statutory regulations, the rest of the agreement remains unaffected. The ineffective provision will be replaced by a legally effective provision that comes closest to the economic sense and purpose of the ineffective provision by mutual agreement. The above provision applies mutatis mutandis in the event of gaps.