General Terms and Conditions

These General Terms and Conditions of the Dutch webshop Vivid Musica were established on 26 March 2024 and are valid from 26 March 2024.

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who consumes goods and services produced in the economy;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing Performance Agreement: an agreement that aims at the regular delivery of goods, services and/or digital content during a certain period of time;
7. Durable medium: any tool – including e-mail – that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby one or more techniques for distance communication are used exclusively or partly up to and including the conclusion of the agreement;
11. Model Withdrawal Form: the European Model Withdrawal Form set out in Annex I to these Terms and Conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
12. Distance communication technique: means that can be used to conclude a contract without the need for the consumer and the trader to have met in the same room at the same time;

Article 2 - Identity of the entrepreneur

Vivid Musica 
trading under the name(s): vividmusica.com
Business and visiting address: 
Molenstraat 25
5768EB Meijel
The Netherlands
Accessibility: By appointment 
Email: [email protected]
Chamber of Commerce (KVK) number: 63271249
VAT identification number: NL004537287B35

Article 3 - Applicability

1. These general terms and conditions apply to every supply made by the entrepreneur and to every distance agreement concluded between entrepreneur and consumer.
2. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
3. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
4. By way of derogation from the previous paragraph and before the distance contract is concluded, if the distance contract is concluded by electronic means, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be taken cognizance of electronically and that they will be sent free of charge at the consumer's request by electronic means or by other means.
5. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 - The supply 

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The supply contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer shall contain information in such a way that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein. 
2. Responsibility for carefully reading the general terms and conditions lies entirely with the consumer. By agreeing to the general terms and conditions, the consumer also confirms that the consumer is also familiar with not only the general terms and conditions, but also the right of withdrawal and trial period mentioned on the website of the home shop.
3. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
4. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end.
5. The entrepreneur can find out, within legal frameworks, whether the consumer 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, stating reasons, to refuse an order or request or to attach special conditions to the execution.
6. The entrepreneur shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information on warranties and existing after-sales service;
• the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
• the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
• if the consumer has a right of withdrawal, the model withdrawal form.
7. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first supply.

Article 6 - Right of withdrawal and trial-period

1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or a third party, who is not the carrier, has received the product.
3. A trial period is made available to the consumer. This period is of the same duration as the cooling-off period. The terms and conditions correspond to the cooling-off period.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only extract or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer shall only be liable for any depreciation of the product resulting from handling the product beyond that permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not necessary if the entrepreneur has offered to pick up the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. 
6. If the consumer makes use of his right of withdrawal, it is the consumer's responsibility to pack products carefully. If a product arrives damaged at the entrepreneur, the entrepreneur may choose not to reimburse all payments made by the consumer. In this case, the entrepreneur offers the consumer to receive products back. In this case, the consumer pays the possible delivery costs.
7. The provisions of paragraph 6 shall not apply if products are damaged upon return by the carrier. The entrepreneur will then appeal to his insurance. If the insurance company does not compensate for the damage, the entrepreneur retains the right not to compensate the consumer.
8. If the consumer makes use of his right of withdrawal, all supplementary agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

1. If the trader enables the notification of withdrawal by the consumer by electronic means, he shall send an acknowledgement of receipt immediately upon receipt of this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs incurred by the entrepreneur for the returned product and any bank charges, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to refund until he has received the product.
3. The entrepreneur shall use the same means of payment as the consumer for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer, provided that there are no bank charges for the entrepreneur.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method either.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement:
1. Products or services whose price is subject to fluctuations in the financial market beyond the trader's control and which may occur within the withdrawal period
2. Contracts concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present in person at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
• the execution has begun with the express prior consent of the consumer; and
• the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
7. Products that are damaged during transport to the consumer and the consumer has failed to report this within 48 hours of receipt.
8. The supply of digital content other than on a tangible medium, but only if:
• the execution has begun with the express prior consent of the consumer; and
• The consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

1. The Entrepreneur reserves the right to change the prices of products and/or services offered at any time. 
2. The prices mentioned in the offer of products or services are inclusive of VAT where applicable. 
3. Margin goods are subject to the special scheme – second-hand goods, which means that VAT is not shown separately.

Article 12 - Fulfilment of the agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to comply with his part of the agreement.
3. "Additional guarantee" means any obligation of the trader, its subcontractor, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the contract.

Article 13 - Delivery and execution

1. The entrepreneur shall exercise the greatest possible care in the receipt and execution of orders for products and in the assessment of requests for the provision of services.
2. The place of delivery shall be the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in this regard in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and disclosed to the entrepreneur, unless explicitly agreed otherwise.
6. The risk of damage and/or loss of products rests with the consumer from the moment of delivery to the consumer. If the consumer fails to report possible damage or loss to the entrepreneur within 48 hours of receipt of products, the right of withdrawal expires.

Article 14 - Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid before the entrepreneur proceeds with delivery. 
2. The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
3. The consumer is obliged to pay when purchasing goods. 
4. If the consumer does not meet his payment obligation(s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days, starting the day after receipt of the reminder, to still meet his payment obligations, after the failure to pay within this 14-day period,  The entrepreneur owes the statutory interest on the amount still owed and is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the next € 5.000,= with a minimum of € 40,=. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 15 - Complaints procedure

1. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, after the consumer has noticed the defects, within 48 hours after receipt of products, fully and clearly described.
2. Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
3. A complaint about a product, service or the service of the entrepreneur can be submitted by e-mail or as a telephone text message.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to dispute settlement.

Article 16 - Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 - Amendment of the Thuiswinkel General Terms and Conditions

1. The Entrepreneur has the right to amend the general terms and conditions at any time. The new terms and conditions will then apply from the moment these changes are implemented on the website of the thuiswinkel. For orders that have already been placed, the general terms and conditions published at that time apply.

Annex I – Model withdrawal form
Model withdrawal form (please complete and return this form only if you wish to withdraw from the contract)

To:
Vivid Musica
Molenstraat 25
5768EB Meijel
The Netherlands 

I, (Please state your name), hereby give notice that I withdraw from our contract of sale of the following goods: (Please mention the good you would like to return), 

Ordered on (State the date)/received on (State the date), 

Your name, Your address, Date,

Your signature