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Terms & conditions

Table of Contents:

Article   1 - Definitions

Article   2 - Identity of the entrepreneur

Article   3 - Applicability

Article   4 - The offer

Article   5 - The agreement

Article   6 - Right of withdrawal

Article   7 - Costs in case of withdrawal

Article   8 - Exclusion of right of withdrawal

Article   9 - The price

Article 10 - Conformity and Warranty

Article 11 - Delivery and execution

Article 12 - Duration Transactions: Duration, Termination and Extension

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 - Additional or derogatory provisions

Article 1 - Definitions

In these terms and conditions shall apply:

  1. Reflection time: the term within which the consumencan make use of his right of withdrawal;
  2. Consument: The natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
  3. Day: Calendar;
  4. Length Transaction: A remote agreement with regard to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time;
  5. Durable medium: any means that the consument enables the entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consument to cancel the distance contract within the cooling-off period;
  7. Model Form: the model withdrawal form that the entrepreneur makes available to a consument can fill in when he wants to make use of his right of withdrawal.
  8. Entrepreneur: the natural or legal person who provides products and / or services at a distance to consumenten offers;
  9. Distance contractMeans an agreement made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
  10. Technology for distance communication: means that can be used to conclude an agreement, without consument and entrepreneur are simultaneously in the same room, samengekomen.
  11. Terms & conditions: the present Terms & conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Name entrepreneur: Jerry Brabander - Hardfestival
Visiting address: Honderdland 308, 2676LV in Maasdijk;
Telephone number: 06-52515235 (only for emergencies)
Available Monday to Friday from 09:00 to 17:00
E-mail: info@hardfestival.nl
Chamber of Commerce: 63128543
VAT identification number: NL002226557B96

If the activity of the entrepreneur is subject to a relevant licensing system: the Data on the supervisory authority:

If the entrepreneur has a regulatedmenhas a good profession:

  • The professional association or organization in which he is affiliated;
  • The job title, place in the EU or European Economic Area where it has been granted;
  • A reference to the professional rules applicable in the Netherlands and indications where and how these professional rules are accessible.

Article 3 - Applicability

  1. These Terms & conditions apply to every offer of the entrepreneur and to every conclusionmen distance contract and orders between entrepreneur and consument.
  2. Before the distance contract is concluded, the text of these Terms & conditions is sent to the consument made available. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the Terms & conditions can be viewed at the entrepreneur and that they, at the request of the consumer,ment be sent free of charge as soon as possible.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms & conditions can be sent electronically to the consument be made available in such a way that it is made available by the consumencan be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the Terms & conditions can be notified electronically.men and that at the request of the consument will be sent electronically or otherwise free of charge.
  4. In the event that specific product or service conditions apply in addition to these Terms & conditions, the second and third paragraphs apply mutatis mutandis and the consumenIn the event of conflicting Terms & conditions, always invoke the applicable provision that is most favorable to him.
  5. If one or more provisions in these Terms & conditions at any timement are wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be immediately replaced by a provision that approximates the purport of the original as much as possible in mutual consultation.
  6. Situations that are not regulated in these Terms & conditions must be assessed 'in the spirit' of these Terms & conditions.
  7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these Terms & conditions.

Article 4 - The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer is free of charge. The entrepreneur is entitled to change and modify the offer.
  3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed for a proper assessment of the offer by the consument possible. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  4. All images, specifications data in the offer are indicative and can not give rise to damages or dissolution of the agreement.
  5. Images with products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactlymen with the real colors of the products.
  6. Each offer contains such information that for the consumenit is clear what the rights and obligations are attached to accepting the offer. This concerns in it
    special:
    • The price including taxes;
    • The possible shipping costs;
    • the way in which the agreement will be concluded komen and which actions are required for this;
    • Whether or not it applies to the right of withdrawal;
    • The manner of payment, delivery and execution of the agreement;
    • The time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
    • The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
    • whether the agreement will be archived after it has been concluded, and if so, how this will be filed for the consument can be consulted;
    • the way the consument, before the conclusion of the agreement, can check the information provided by him under the agreement and, if necessary, restore it;
    • Any other languages ​​in which, in addition to the Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consument can consult these codes of conduct electronically; and
    • The minimum duration of the remote agreement in case of a long-term transaction.
    • Optional: Available sizes, colors, types of materials.

Article 5 - The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded on moment of acceptance by the consument of the offer and meeting the corresponding conditions.
  2. If the consument has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consument terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consument can pay electronically, the entrepreneur will observe appropriate security measuresmen.
  4. The entrepreneur can - within legal frameworks - inform himself whether the consument can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
  5. The entrepreneur will supply the product or service to the consument the following information, in writing or in such a way that it is communicated by the consument can be stored in an accessible manner on a durable data carrier, enclose:

the visiting address of the establishment of the entrepreneur where the consument can go with complaints;

b. the conditions under which and the way in which the consument can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing post-purchase service;

d. the conditions referred to in article 4 paragraph 3 of these conditionsmen data, unless the entrepreneur has already provided this data to the consument has provided before the execution of the agreement;

e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

  1. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
  2. Any agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of withdrawal

When delivering products:

  1. When purchasing products, the consument the possibility to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumerment or in advance by the consumen• appointed representative announced to the entrepreneur.
  2. During the reflection period, the consumenDo not handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumenIf he wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. Making it known serves the consument to do using the model form. After the consumenhas indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consument must prove that the goods delivered have been returned on time, for example by means of proof of dispatch.
  4. If, after the expiry of the periods mentioned in paragraph 2 and 3, the customer has not disclosed the intention of making use of his right of withdrawal or resignation. The product has not returned to the entrepreneur, the purchase is a fact.

On delivery of services:

  1. When providing services, the consument the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
  2. To exercise his right of withdrawal, the consument comply with the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.

Article 7 - Cost in case of revocation

  1. If the consumer exercises his right of withdrawal, the consumer will be responsible for the cost to return the goods.
  2. If the consument has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted. Refunds will be made through the same payment method used by the consument is used unless the consument explicitly gives permission for a different payment method.
  3. In case of damage to the product due to careless handling by the consument itself is the consument liable for any depreciation of the product.
  4. The consument cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exercise the right of withdrawal of the consumen• exclusion for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with specifications of the consumerment;

b. that are clearly personal in nature;

c. which can not be returned because of their nature;

d. which can quickly deteriorate or expire;

e. whose price depends on fluctuations in the financial market over which the trader has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordingmen and computer software whose consument broke the seal.

h. for hygienic products of which the consument broke the seal.

  1. Exclusion of the right of withdrawal is only possible for services:

a. regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific Date or during a specific period;

b. of which the delivery with the express consent of the consumenit started before the reflection period has expired;

c. regarding bets and lotteries.

Article 9 - The price

  1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:

they are the result of laws or regulations, or

b. the consument has the authority to cancel the agreement on the day on which the price increase takes effect.

  1. The prices mentioned in the offer of products or services include VAT.
  2. All prices are subject to printing and typing errors. No liability is accepted for the consequences of pressure and error errors. In case of errors and mistakes, the entrepreneur is not obliged to deliver the product according to the wrong price.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the Date of the conclusion of the agreement and / or government regulations. If agreedmen the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims of the consument can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
  4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumerment, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consument has repaired and / or processed the delivered products themselves or had them repaired and / or processed by third parties;
  • The products delivered to abnormal conditions have been exposed or otherwise treated with care or contrary to the instructions of the entrepreneur and / or treated on the package;
  • The invalidity is wholly or partly the result of regulations that the government has imposed or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has informed to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless consument has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consu will receivemenNot later than 30 days after he has placed the order. The consumenIn that case, t has the right to terminate the agreement free of charge. The consument is not entitled to compensation.
  4. All delivery times are indicative. The consumencannot derive any rights. Exceeding a term gives the consument no right to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that the consument has paid as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
  7. The risk of damage and / or loss of products rests with the entrepreneur until moment of delivery to the consument or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwisemen.

Article 12 - Duration Transactions: Duration, Termination and Extension

Termination

  1. The consument can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed upon agreement.men termination rules and a notice period of no more than one month.
  2. The consument can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreedmen termination rules and a notice period of no more than one month.
  3. The consumenThe agreements mentioned in the previous paragraphs cannot:
  • Terminate at all times and not be restricted to termination at a particular time or in a certain period;
  • At least terminate in the same manner as they have been incurred by him;
  • Always terminate with the same notice period as the entrepreneur has undertaken for himself.

Extension

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
  1. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consument can cancel this extended agreement by the end of the extension with a notice period of no more than one month.
  2. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consument may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  3. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscriptionment) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consument after one year cancel the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreement.men expensive.

Article 13 - Payment

  1. Unless otherwise agreedmen, the consumenThe amounts due must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer hasment has received confirmation of the agreement.
  2. The consument has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In case of default of the consumenSubject to legal restrictions, the entrepreneur has the right to submit the advance to the consumennot to charge reasonable costs made known.

Article 14 - Complaints

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consument found the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumencan't expect a more detailed answer.
  4. If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
  5. In case of complaints, a consumenDon't first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found by the vendor, the vendor will either replace or repair the goods at its option or delivered.

Article 15 - Disputes

  1. On agreements between the entrepreneur and the consument to which these Terms & conditions apply, only Dutch law is applicable. Even if the consument resides abroad.
  2. The Vienna Sale Convention does not apply.

Article 16 - Additional or derogatory provisions

Additional provisions or provisions deviating from these Terms & conditions may not be to the detriment of the consumerment are and must be recorded in writing or in such a way that it is communicated by the consument can be stored in an accessible manner on a durable data carrier.

Model withdrawal form

(only complete and return this form if you wish to withdraw from the contract)

- I / We (*) share / share (*) hereby inform you that I / we (*) revoke / revoke our agreement regarding the sale of the following goods / delivery of the following service (*):

- Ordered on (DD-MM-YYYY): - Order number:

  Received on (DD-MM-YYYY):

- Name / Aftermen consumment (s)

- Address consument (s):

- IBAN bank account:

- Signature of consument (s) (only if this form is submitted on paper)

Date (DD-MM-YYYY):

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