TERMS AND CONDITIONS ENGLISH
Pau Li Liem – www.pauliliem.com
1. DEFINITIONS
1.1 In these general terms and conditions and the agreements to which they apply, the following terms have the following meanings:
provider: Pau Li Liem, located in Tilburg;
customer: the natural person or legal entity who wishes to purchase/takes delivery of a certain product from the provider;
agreement: the agreement for the sale or purchase of products between the provider and the customer and all further actions between the provider and the customer concerning the sale and delivery of products, including offers, and including the applicable general terms and conditions for agreements;
products: the products sold or to be sold and delivered or sold and delivered by the provider to the customer, whether or not online, such as CDs, MP3s, PDF files, and e-books.
2. GENERAL
2.1 These general terms and conditions, excluding third-party terms, apply to every delivery of products and services by the provider to the customer, all agreements relating thereto, and all related actions, both preparatory and executive, such as an offer and deliveries.
2.2 The applicability of other general terms and conditions (including those of the customer) is excluded.
2.3 Deviating conditions apply only if expressly accepted in writing by the provider and apply only to the relevant agreement.
2.4 If any provision of these general terms and conditions or the agreement is invalid for any reason, the remaining provisions shall remain in full force and effect.
3. FORMATION OF THE AGREEMENT
3.1 The agreement to purchase a Product is concluded by the electronic acceptance by the customer of the online offer by the provider and compliance with the conditions set forth therein.
4. PRICES
4.1 Prices are non-binding unless included in an agreement. The most current prices of the provider are listed on the provider’s website.
4.2 The prices provided by the provider are inclusive of VAT and all other levies, rights, or charges due in connection with the performance of the agreement.
5. PAYMENT AND INVOICING
5.1 The customer must have paid the amounts due, including VAT, by the agreed payment dates or within the agreed payment terms. The customer is not entitled to suspend its payment obligations, even in case of complaints.
5.2 If payment in advance is required for the provision of services or products, the customer is not entitled to claim delivery until full payment of the amount due to the provider has been made.
5.3 Payment must be made net to the provider’s bank account, without any discount, withholding, or set-off. The value date indicated on the provider’s bank statements is considered the date of payment.
5.4 Incoming payments shall always be applied first to satisfy judicial and extrajudicial costs and interest, and then to satisfy the oldest outstanding payment obligations to the provider, irrespective of any other instructions from the customer.
6. LIABILITY
6.1 With regard to the delivery of products, the liability of the provider, if any, is limited to either providing a replacement product or refunding the amount paid by the customer in case of defective delivery.
7. FORCE MAJEURE
7.1 If the provider is prevented from dispatching the product due to force majeure of a permanent or temporary nature, the provider will inform the customer of the force majeure situation and, as soon as possible, dispatch the purchased product to the customer.
7.2 Force majeure includes all circumstances that temporarily or permanently prevent the provider from fulfilling its obligations, such as illness or death, riots, war, power failures, computer failures, internet failures, (mobile) telephone failures, and all other circumstances under which it cannot reasonably be expected from the provider to fulfill (further) its obligations towards the customer.
8. CONFIDENTIALITY
8.1 The provider shall not disclose any substantive information received from the customer (or participants) in the context of the performance of an agreement, unless otherwise agreed or required by law or regulation.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Without prior written consent from the provider, it is not permitted to edit, reproduce, or make public, in whole or in part, any concept, material, or information provided by the provider, in any medium whatsoever, to third parties, or to make it available for inspection by third parties, whether or not for a fee.
10. PERSONAL DATA
10.1 The provider treats personal data received in the context of the agreement with the customer strictly confidentially and in accordance with applicable privacy laws and regulations.
11. APPLICABLE LAW AND JURISDICTION
11.1 Dutch law applies to all agreements concluded by the parties. The Vienna Sales Convention 1980 (CISG) does not apply.
11.2 Any disputes arising from or in connection with an agreement shall initially be submitted to the competent court in Amsterdam, without prejudice to the provider’s right to submit a dispute to another court competent under the law or treaty.
12. AMENDMENTS
12.1 The provider is entitled to amend these general terms and conditions. The customer is deemed to have accepted the relevant changes iwhen a new order is placed after the terms and conditions have been changed.
13. ADDITIONAL PROVISIONS
13.1 The content of the music products, including physical and digital sound carriers, including accompanying text, photography, and artwork, is intended solely for personal, non-public use.
13.2 It is permitted to make a digital copy of a product for personal use.
13.3 It is not permitted to make public, distribute, or reproduce a product or parts thereof, namely music, text, or image, without the express prior written consent of the rights holders.
13.4 Upon purchase of a product, it is assumed that the customer is sufficiently familiar with the nature and quality of the music product.
13.5 The provider is responsible for timely dispatch, i.e., within five working days, and the provider is liable for the delivery and quality of the product until receipt.
13.6 Returns of music products are under no circumstances accepted by the provider. This also applies to unopened packaging.
13.7 If the customer has determined that a delivery has not been received, or if something is missing or damaged upon receipt, the customer is entitled to a replacement product if the following conditions are met: the customer has reported this in writing within 24 hours of receipt, possibly accompanied by evidence of the damage.