Article 1.Applicability
1.1 To all offers, orders and agreements of Percussion Books, these Terms and Conditions apply.
1.2 The acceptance of an offer or placing of an order means that you accept the applicability of these Terms.
1.3 Deviating from these Conditions can only be done in writing, in which case the remaining Conditions shall remain in force.
1.4 All rights and claims, which are stipulated for in these conditions and any further agreements that are made for Percussion Books, are also stipulated for by the company intermediaries and other third parties.
Article 2. Offers / agreements
2.1 All offers by Percussion Books are non-committal and Percussion Books reserves the right to adjust the prices, especially when under (legal) regulations. Also see Article 3.6.
2.2 An agreement is only realized after acceptance of your order by Percussion Books. Percussion Books reserves the right to refuse orders or associate certain conditions to the delivery, unless specifically specified otherwise. If an order is not accepted, Percussion Books will inform the customer within ten (10) days after receipt of the order.
Article 3. Prices and Payments
3.1 The prices for the products and services are in Euros, including VAT and excluding handling and shipping, taxes or other charges, unless otherwise stated or agreed in writing.
3.2 Payment must be made without discount or compensation within fourteen (14) days after the invoice date for deliveries within the Netherlands, and within twenty (21) days after the invoice date for deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be done by giro, payment in advance, or on arrival (by cash on delivery). When paying by bank transfer, the date of payment is the date of crediting the giro or bank account of Percussion Books.
3.4 If you are exceeding the payment term you are in default from the day that payment should have been done and from that day you owe a late fee of 1% per month or part of one month over the outstanding amount. If payment is made after a demand by Percussion Books you owe a sum of twenty five Euro (€25.00) for administration costs and if Percussion Books outsources the debt collection, you also pay the collection costs, which are at least fifteen percent (15%) of the outstanding amount. Percussion Books has the right to claim the actual extrajudicial collection costs.
3.5 If you are in default on any payment, Percussion Books is entitled to (and implement the) suspend or dissolve the agreement and related agreements. 3.6 If the prices of the products and services increased in the period between the order and its implementation, you are entitled to cancel the order or the agreement within ten (10) days after notice of the increase by Percussion Books.
Article 4. Delivery
4.1 The stated delivery times by Percussion Books are only indicative. When stated delivery time is exceeded, it does not entitle you to compensation or to the right to cancel your order or the agreement, unless the delay in delivery is such that you can not reasonably be expected to leave the agreement intact. You are then entitled to cancel the order or to terminate the agreement where necessary.
4.2 The delivery of the products will take place, at the time and place when the products are ready for shipment to you.
Article 5. Retention
5.1 The ownership of products is transferred only when you have paid all you owe to Percussion Books under agreement. The risk in respect to the products is transferred at the time of delivery to you.
Article 6. Intellectual and industrial property rights
6.1 All intellectual and industrial property rights attached to Percussion Books and its delivered products must be respected unconditionally.
6.2 Percussion Books does not guarantee that the delivered products do not infringe any (unwritten) intellectual or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation at delivery to check if the products meet the agreement. If this is not the case, you have to inform Percussion Books as soon as possible and in any event within fourteen (14) days after delivery, or was reasonably possible after observation, in writing / email and sufficient detail.
7.2 If it is demonstrated that the products do not meet the agreement, Percussion Books has the choice to replace the products by new products after they are returned, or to refund the invoice value.
7.3 If you do not wish to purchase a product for whatever reason, you have the right as an individual to return the product to Percussion Books within veertien (14) days after delivery. Returns are only accepted if the packaging of the product is undamaged, also applies that the costs for returns are at your expense. Sheet Music can not be returned.
Article 8. Warranty
8.1 When Percussion Books delivers products to the customer, Percussion Books can never be obligated to a further guarantee in relation to the customer, than that to which Percussion Books can claim towards its suppliers. A warranty period will always be clearly indicated on the invoice.
Complaints due to visible defects must be reported, conform to the contract and within fourteen (14) days after receipt of the goods, by the customer in writing. For consumers there is a period of 30 (thirty) days. Percussion Books need not take claims received after the expiry of that period, in consideration.
Article 9. Orders / communication
9.1 For misunderstanding, mutilations, delays or transmission of orders and messages resulting from the use of Internet or other communication between you and Percussion Books or between Percussion Books and others, as it relates to the relationship between you and Percussion Books, Percussion Books is not liable, unless it is a case of intent or gross negligence by Percussion Books.
Article 10. Force Majeure
10.1 Without prejudice to its other rights, Percussion Books has, in case of force majeure, the right, at its option, to suspend the execution of your order, as well as to terminate the agreement without judicial intervention, by putting it in writing to you, without Percussion Books being liable for any damages, unless it would be considered unacceptable under the circumstances; taken the standards of reasonableness and fairness into account.
10.2 Force majeure means any shortcoming Percussion Books cannot be held responsible for, because they are not due to its fault and are not at its expense under the law, legal act or generally accepted views.
Article 11. Miscellaneous
11.1 If you put an address in writing to Percussion Books, Percussion Books is entitled to use that address to send all orders to, unless you put another address in writing to Percussion Books, to which your orders are to be sent.
11.2 If Percussion Books for any length of time does implicitly deviate from these Conditions, it will not prejudice their right to demand immediate and strict compliance with these Conditions. You can never assert any right to the fact that Percussion Books chooses to apply these conditions liberally.
11.3 If one, or more provisions of these Terms, or any other agreement with Percussion Books, is in conflict with any applicable provision, the provision will lapse and will be replaced by Percussion Books by a new lawful condition.
11.4 Percussion Books is authorized to make use of third parties in the execution of your order (s).
Article 12. Applicable law and jurisdiction
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including to these conditions themselves, only Dutch law applies.
12.2 All disputes between parties will be submitted to the competent court in the Netherlands.
