Terms & Conditions
Article 1 – Definitions
In these conditions the following terms have the following meanings:
- Reflection period: the period within which the consumer can make use of the right of withdrawal.
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
- Day: calendar day.
- Duration transaction: a distance contract for a series of products and/or services, the delivery/purchase obligation of which is spread over time.
- Durable medium: any means enabling the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction.
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
- Model form: the model withdrawal form the entrepreneur makes available for a consumer to use the right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
- Distance contract: an agreement concluded using one or more techniques for distance communication, within a system organised by the entrepreneur for distance selling.
- Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
- Name: GloriousSound.com
- Email: [email protected]
- Chamber of Commerce (KvK) number: 65415752
- VAT identification number: NL002024717B40
Article 3 – Applicability
- These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these terms will be made available to the consumer. If that is not reasonably possible, it will be indicated that the terms can be viewed at the entrepreneur and will be sent free of charge on request.
- If the contract is concluded electronically, the text of these terms may be made available electronically in a way that allows the consumer to store them easily on a durable medium. If not reasonably possible, it will be indicated where the terms can be inspected electronically and that they will be sent free of charge on request.
- Where specific product or service conditions apply in addition to these terms, the second and third paragraphs apply mutatis mutandis; in case of conflict the consumer may always invoke the provision most favourable to them.
- If any provision of these terms is wholly or partially void or annulled, the agreement and the remaining terms remain in force, and the relevant provision is replaced in mutual consultation by one approximating the original purport as closely as possible.
- Situations not regulated in these terms must be assessed in the spirit of these terms.
- Uncertainties about the interpretation or content of one or more provisions must be explained in the spirit of these terms.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this is explicitly stated.
- The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services, sufficiently detailed for a proper assessment. Images are a true representation. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images are a true representation of the products offered; the entrepreneur cannot guarantee displayed colours exactly match the real colours.
- Each offer contains information making clear the rights and obligations attached to acceptance, in particular: the price including taxes; any shipping costs; how the agreement is concluded and the actions required; whether the right of withdrawal applies; the method of payment, delivery and execution; the term for accepting the offer or the term for which the price is guaranteed; whether the agreement is archived and how it can be consulted; how the consumer can check and correct the data provided before concluding; the languages in which the agreement can be concluded; and the minimum duration for an extended transaction.
Article 5 – The agreement
- The agreement is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer accepted electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until receipt is confirmed, the consumer can dissolve the agreement.
- If concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment, and appropriate security measures for electronic payment.
- The entrepreneur may — within legal frameworks — inquire whether the consumer can meet their payment obligations and into facts relevant to a responsible distance contract. On good grounds the entrepreneur may refuse an order or attach special conditions.
- With the product/service the entrepreneur will send the consumer, in a storable manner: the visiting address for complaints; the conditions and manner of using the right of withdrawal (or a clear statement of its exclusion); information on guarantees and after-sales service; and the information in Article 4(6) unless already provided.
Article 6 – Right of withdrawal
When delivering products:
- When purchasing products, the consumer may dissolve the contract without giving reasons for 14 days. This reflection period starts the day after the consumer (or a pre-designated representative) receives the product.
- Excluded are products custom-made to the consumer's specification; for these the right of withdrawal does not apply and the sale is final after successful payment.
- For hygiene reasons, products such as IEMs/headphones may be returned only if the seal has not been broken. Once the seal is broken, the order is final.
- During the reflection period the consumer will handle the product and packaging with care, unpacking/using it only as needed to assess whether to keep it, and will return it with all accessories and — if reasonably possible — in original condition and packaging.
- To use the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receipt, using the model form, and return the product within 14 days of that notice. The consumer must prove timely return (e.g. proof of shipment).
Article 7 – Costs in case of withdrawal
- If the consumer uses the right of withdrawal, the cost of return is for the consumer, not exceeding the cost of return.
- If the consumer has paid, the entrepreneur refunds as soon as possible, no later than 14 days after withdrawal, provided the product is received back or conclusive proof of full return is submitted. Refund is via the same payment method, unless the consumer expressly permits another.
- In case of damage due to careless handling by the consumer, the consumer is liable for any depreciation.
- The consumer cannot be held liable for depreciation if the entrepreneur failed to provide all legally required information about the right of withdrawal before the purchase.
Article 8 – Exclusion of the right of withdrawal
- The entrepreneur may exclude the right of withdrawal for products/services described below, only if clearly stated in the offer in good time before conclusion.
- Exclusion is possible for products: made to the consumer's specification; clearly personal in nature; that cannot be returned due to their nature; that spoil/age quickly; whose price depends on financial-market fluctuations beyond the entrepreneur's control; and for audio/video recordings, software, and hygienic products whose seal has been broken.
Article 9 – The price
- During the validity period stated in the offer, prices will not be increased, except for changes resulting from changes in VAT rates.
- Prices subject to financial-market fluctuations beyond the entrepreneur's control may be offered at variable (target) prices, stated as such in the offer.
- Price increases within 3 months of conclusion are only permitted if resulting from statutory regulations.
- Price increases after 3 months are only permitted if stipulated and either result from statutory regulations, or the consumer may cancel as of the date the increase takes effect.
- The prices stated in the offer include VAT.
- All prices are subject to printing/typing errors; no liability is accepted for their consequences, and the entrepreneur is not obliged to deliver at a wrongly stated price.
Article 10 – Conformity and warranty
- The entrepreneur guarantees that products/services comply with the agreement, the specifications in the offer, reasonable requirements of reliability and/or usability, and the legal provisions existing at the date of the agreement.
- A guarantee from the entrepreneur, manufacturer or importer does not affect the consumer's statutory rights and claims.
- Defects or incorrectly delivered products must be reported in writing within 4 weeks of delivery. Returns must be in original packaging and new condition.
- The entrepreneur's warranty period corresponds to the manufacturer's. The entrepreneur is not responsible for the ultimate suitability of products for each individual application, nor for advice on their use.
- The warranty does not apply if the consumer has repaired/modified the products themselves or via third parties; if the products were exposed to abnormal conditions or handled carelessly or contrary to instructions; or where the inadequacy results from government regulations on the materials used.
Article 11 – Delivery and implementation
- The entrepreneur will take the greatest possible care in receiving and executing orders.
- The place of delivery is the address the consumer makes known to the company.
- Accepted orders will be executed expeditiously, no later than 30 days, unless a longer period is agreed. If delivery is delayed or only partly possible, the consumer will be notified within 30 days of ordering, and may terminate the agreement without cost; no compensation is due.
- All delivery times are indicative; exceeding a term does not entitle the consumer to compensation.
- On dissolution per paragraph 3, the entrepreneur refunds the amount paid as soon as possible, no later than 14 days after dissolution.
- If delivery proves impossible, the entrepreneur will endeavour to provide a replacement; this is stated clearly at delivery, the right of withdrawal cannot be excluded for replacements, and return shipping is for the entrepreneur's account.
- The risk of damage and/or loss rests with the entrepreneur until delivery to the consumer (or a pre-designated representative), unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension
Cancellation — A consumer may cancel an open-ended agreement for the regular delivery of products/services at any time, observing the agreed rules and a notice period of at most one month; a fixed-term such agreement may be cancelled towards the end of the term, with a notice period of at most one month.
Renewal — A fixed-term agreement for regular delivery may not be tacitly renewed for a fixed period; tacit renewal to an indefinite term is only allowed if the consumer may cancel at any time with at most one month's notice.
Duration — For an agreement longer than one year, the consumer may cancel after one year with at most one month's notice, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 – Payment
- Payments are processed by our payment provider Stripe. Accepted payment methods are credit/debit card, iDEAL and Bancontact.
- Unless otherwise agreed, amounts owed must be paid as part of placing the order (or, for services, after confirmation of the agreement).
- The consumer must report any inaccuracies in stated payment details to the entrepreneur without delay.
- In the event of non-payment, the entrepreneur may, subject to legal restrictions, charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
- The entrepreneur has a well-publicised complaints procedure and handles complaints accordingly.
- Complaints about the execution of the agreement must be submitted, fully and clearly described, within 7 days of the consumer discovering the defect.
- Complaints are answered within 14 days of receipt. If a complaint needs a foreseeably longer processing time, the entrepreneur confirms receipt within 14 days and indicates when a fuller answer can be expected.
- If a complaint cannot be resolved by mutual agreement, a dispute arises subject to the dispute settlement in Article 15.
- A complaint does not suspend the entrepreneur's obligations unless stated otherwise in writing.
Article 15 – Disputes
- Agreements between the entrepreneur and the consumer to which these terms apply are governed exclusively by Dutch law, even if the consumer lives abroad.
- The Vienna Sales Convention (CISG) does not apply.
Article 16 – Additional or deviating provisions
Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing, or in a way the consumer can store on a durable medium.