Terms of service

GENERAL TERMS AND CONDITIONS ROCKSO MUSIC

  1. Definitions
  2. Applicability
  3. Offer
  4. Agreement
  5. Price
  6. Right of withdrawal
  7. Conformity
  8. Warranty
  9. Payment
  10. Delivery
  11. Force Majeure
  12. Complaints
  13. Disputes
  14. Final provisions

ARTICLE 1 DEFINITIONS

  1. These General Terms and Conditions have been filed with the Chamber of Commerce under file reference number 83490582.
  2. In these General Terms and Conditions, the following terms are defined as stated below:
  1. Agreement: the purchasing of products, applications and services agreed by the parties in writing, as well as the conditions under which these purchases are made;
  2. Customer: a natural person who does not act in the course of a profession or the running of a business and who enters into an agreement with RockSo Music;
  3. General Terms and Conditions: these general terms and conditions
  4. RockSo Music: a tradename of C&Kreatief BV, with its offices in Sittard at Paardestraat 4, registered in the Chamber of Commerce under number 83490582;
  5. The Parties: The Customer and RockSo Music.

ARTICLE 2 APPLICABILITY

  1. These General Terms and Conditions apply to all (distance) agreements between RockSo Music and the Customer, and to all products and services offered, delivered or provided by RockSo Music.
  2. The Customer explicitly declares to have received these General Terms and Conditions prior to the conclusion of the agreement with RockSo Music. The Customer also explicitly declares to have read the contents of the General Terms and Conditions, and to agree with all conditions and provisions therein.

ARTICLE 3 OFFER

  1. All offers and quotes made by RockSo Music are without obligation, unless explicitly agreed otherwise.
  2. If an offer from RockSo Music is subject to a binding term of validity, this term of validity is explicitly stated when an offer is made.
  3. Each offer of RockSo Music contains all information that the Customer needs to clarify their rights and obligations and, within that context, will in any case include complete and accurate description of the products.

ARTICLE 4 AGREEMENT

  1. The Agreement is concluded when the Customer accepts the offer of RockSo Music.
  2. RockSo Music confirms the conclusion of the Agreement. This confirmation is sent by RockSo Music to the Customer electronically.
  3. The Customer can dissolve the Agreement as long as the confirmation as stipulated in the previous paragraph has been sent.

ARTICLE 5 PRICE

  1. Unless explicitly agreed otherwise, the prices in the offer and the Agreement are fixed.
  2. The price stated in the offer will not change during the term of validity of the offer, except in the event of VAT increases.
  3. Price changes implemented during the term of the agreement are only allowed if they are the result of statutory provisions, or if the Customer is given the possibility to terminate the agreement, without incurring costs.
  4. The product prices referred to in the offer are inclusive of VAT.

ARTICLE 6 RIGHT OF WITHDRAWAL

  1. As per the day following the day of receipt of the product(s) by the Customer (or a third party designated by the Customer), the Customer is entitled to dissolve the Agreement within fourteen days, without having to state the reasons. If the Customer wishes to make use of this right of withdrawal, it shall immediately notify RockSo Music by means of email or the return form on our Return Policy page or in any other equivocal way. RockSo Music shall respond to this by means of a confirmation, which includes further instructions in respect of the return shipment.
  2. During the period as described in the previous section, the Customer will handle the product and packaging with due care. The Customer will only unpack or use the product to the extent required to assess whether to keep the product or not. If the Customer wishes to exercise its right of withdrawal, the Customer must return the product and all accessories included to RockSo Music in its original condition and packaging.
  3. The Consumer shall immediately, but no later than 14 days after the day of reporting as referred to in section 1 of this Article, return the product to RockSo Music. This is not necessary if RockSo Music has offered to collect the product themselves. The Customer will have returned the products timely if and insofar as these products are returned before the end of the withdrawal period.
  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the Customer.
  5. In the event of a return shipment, the direct costs for returning the product(s) will be payable by the Customer.
  6. If the withdrawn order has already been paid for, RockSo Music will refund the paid amount (price paid for the products plus delivery costs if these were charged to the Customer) at the latest within 14 days after the day on which the consumer reported the withdrawal.
  7. For any reimbursement, unless the Customer agrees to another method, RockSo Music will use the same payment method that was initially used by the Customer. Reimbursement is free of charge for the Customer.

ARTICLE 7 CONFORMITY

  1. RockSo Music guarantees that the products it offers are in accordance with the Agreement, the specifications referred to in the offer, the reasonable requirements of reliability and usability and the statutory provisions and/or government regulations applicable on the day the agreement was concluded.
  2. RockSo Music does not guarantee the provisions referred to in paragraph 1 of this article, if the Customer uses the products acquired from RockSo Music for purposes other than its intended use.
  3. If and insofar as a specific manual applies, RockSo Music will include such manual in the delivery. If the Customer does not adhere to the user instructions in the manual, the Customer will be unable to invoke the conformity referred to in section 1 of this article.

ARTICLE 8 WARRANTY

  1. A claim under the warranty by the Customer will only be accepted by RockSo Music, if and insofar as the Customer has notified RockSo Music of their claim under the warranty fourteen days after the Customer (should have reasonably) discovered the alleged issue with the product acquired from RockSo Music.
  2. Warranty is provided subject to producing the original purchase invoice as issued by RockSo Music to the Customer.
  3. If RockSo Music upholds the claim under the warranty, RockSo Music will decide to either repair the product or to replace it. In such events, the dispatch costs will be payable by RockSo Music.
  4. Any claim under the warranty is rendered invalid if:
  1. the product has been modified or repaired by or on behalf of the Customer without the approval of RockSo Music;
  2. the product is damaged as a result of intent or gross negligence on the part of the Customer;
  3. the product has been used by the Customer without due care or improperly, which includes failure to carry out prescribed or normal maintenance and failure to observe the user instructions or failure to observe them correctly;
  4. the Customer has used the product for purposes other than its intended use or the Customer has failed to adhere to the user instructions made available by RockSo Music;
  5. the product has been subject to normal wear and tear.

ARTICLE 9 PAYMENT

  1. Upon accepting an offer from RockSo Music, the Consumer shall receive the invoice digitally.
  2. The Customer can choose from one of the following methods of payment:
  1. iDEAL;
  2. Credit card;
  4. PayPal
  1. In the event of after payment, the Consumer shall pay RockSo Music within 14 days after the invoice date. In the event that an invoice is due though still unpaid, RockSo Music will send a notice of default (payment reminder). If the Consumer fails to fulfil its payment obligations within 14 days after receipt of the notice, the Consumer is in default, obliged to pay statutory interests and a compensation for the debt collecting costs of RockSo Music, the latter consisting of 15% of the outstanding amount with a minimum of €250.

ARTICLE 10 DELIVERY

  1. Delivery will take place as communicated in the offer.
  2. RockSo Music will execute confirmed orders expeditiously, yet within thirty days, unless a longer delivery term has been agreed. If delivery is delayed, or if a delivery cannot be executed or only partly, the Customer will be notified thereof within one month of having placed the order. In that case, the Customer will be entitled to dissolve the agreement without incurring costs.
  3. In the event of dissolution by virtue of the previous paragraph, RockSo Music will refund the amount paid by the Customer as soon as possible.
  4. The risk of damage and/or loss of products transfers from RockSo Music to the Customer at the time of delivery to the Customer (or a representative previously designated by the Customer).

ARTICLE 11 FORCE MAJEURE

  1. In the event that RockSo Music is unable to fulfil their obligations due to a non-attributable failure (force majeure), the fulfilment of those obligations will be suspended for the duration of the force majeure situation.
  2. If the force majeure situation continues for more than one month, either party will be entitled to dissolve the Agreement for services partly or in full, insofar as the force majeure situation justifies this, all this in accordance with the other provisions in these Terms and Conditions.
  3. In the event of force majeure applicable to RockSo Music, the Customer will not be entitled to any compensation (in damages), nor if the Customer were to have any advantage as a result of the force majeure.
  4. Force majeure is taken to mean every circumstance beyond the control of RockSo Music, fully or partially impeding the fulfilment of his obligations towards the Customer, or as a result of which the fulfilment of his obligations cannot reasonably be required from RockSo Music, regardless of the fact whether that circumstance could have been foreseen at the time the agreement of services was concluded. Those circumstances will include: natural disasters, pandemics, measures by any government body, understaffing due to illness, force majeure applicable to a third party that has been engaged and technical breakdowns.

ARTICLE 12 COMPLAINTS

  1. Complaints about the execution of the Agreement must be submitted to RockSo Music expeditiously, yet within fourteen days of the complaint arising, by sending a complete and clear description thereof to contact@rocksomusic.com.
  2. RockSo Music will respond to the complaint within fourteen days, counting from the day of receiving the complaint.

ARTICLE 13 DISPUTES

  1. Any dispute arising between the parties will be submitted to the competent court within the jurisdiction of the place of business of RockSo Music.
  2. The parties will only appeal to the courts once they have made every effort to resolve the dispute by mutual consultation.

ARTICLE 14 FINAL PROVISIONS

  1. These Terms and Conditions as well as every Agreement between RockSo Music and the Customer will be governed by Dutch law.
  2. If one or multiple provisions in these Terms and Conditions are declared void through judicial intervention, the remaining provisions will remain in full force.
  3. These Terms and Conditions will remain in full force in the event that RockSo Music fully or partially changes name, legal form or owner.
  4. RockSo Music may unilaterally amend the Terms and Conditions. Amendments to these terms and conditions will only come into effect after the amended Terms and Conditions they have been published in the appropriate way, on the understanding that if amendments are to apply during the validity of an offer, the provision(s) most favourable to the Customer will prevail.