Terms & Conditions

GENERAL TERMS AND CONDITIONS MD Music And Marketing

 Definitions

 

  1. MD Music And Marketing: Melodic Deep, established in Albergen, Chamber of Commerce no.

  2. Customer: the person with whom MD Music And Marketing has entered into an

  3. Parties: MD Music And Marketing and customer

  4. Consumer: a customer who is an individual acting for private

Applicability

 

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of MD Music And

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

 

  1. All prices used by MD Music And Marketing are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. MD Music And Marketing is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

  3. Increases in the cost prices of products or parts thereof, which MD Music And Marketing could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.

  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory

  5. The price with regard to services is determined by MD Music And Marketing on the basis of the actual working hours.

  6. The price is calculated according to the usual hourly rates of MD Music And Marketing, valid for the period in which he carries out the work, unless a different hourly rate has been

  7. If the parties have agreed on a total amount for a service provided by MD Music And Marketing, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated

  8. MD Music And Marketing is entitled to deviate up to 10% of the target

  9. If the target price exceeds 10%, MD Music And Marketing must let the customer know in due time why a higher price is justified.

  10. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.

  11. MD Music And Marketing has the right to adjust prices

  12. MD Music And Marketing will communicate price adjustments to the customer prior to the moment the price increase becomes effective.

  13. The consumer has the right to terminate the contract with MD Music And Marketing if he does not agree with the price increase.

Payments and payment term

 

  1. MD Music And Marketing may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.

  2. The customer must have paid the full amount within 7 days after delivery of the

  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without MD Music And Marketing having to send the customer a reminder or to put him in

  4. MD Music And Marketing reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or

Consequences of late payment

 

  1. If the customer does not pay within the agreed term, MD Music And Marketing is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole

  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to MD Music And

  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

  4. If the customer does not pay on time, MD Music And Marketing may suspend its obligations until the customer has met his payment obligation.

  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of MD Music And Marketing on the customer are immediately due and

  6. If the customer refuses to cooperate with the performance of the agreement by MD Music And Marketing, he is still obliged to pay the agreed price to MD Music And

Right of recovery of goods

 

  1. As soon as the customer is in default, MD Music And Marketing is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

  2. MD Music And Marketing invokes the right of recovery by means of a written or electronic

  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to MD Music And Marketing, unless the parties agree to make other arrangements about

  4. The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation

 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that

the product has not been used

it is not a product that can spoil quickly, like food or flowers

the product is not specially tailored for the consumer or adapted to its special needs

it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)

the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity, the product is not a separate magazine or a loose newspaper

the purchase does not concern an (assignment to) urgent repair the consumer has not renounced his right of cancellation

 

  1. The reflection period of 14 days as referred to in paragraph 1 commences:

on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first the product of a subscription as soon as the consumer has purchased a service for the first time

as soon as the consumer has confirmed the purchase of digital content via the internet

  1. The consumer can notify his right of cancellation via Sales@melodicdeep.com, if desired by using the withdrawal form that can be downloaded via the website of MD Music And Marketing, melodicdeep.com.

  2. The consumer is obliged to return the product to MD Music And Marketing within 14 days after the notification of his right of cancellation, after which period his right of cancellation will

  3. The costs for return are due MD Music And Marketing if the complete order is

  4. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, MD Music And Marketing will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to MD Music And Marketing in time.

Suspension of obligations by the customer

 

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

 

  1. MD Music And Marketing can appeal to his right of retention of title and in that case retain the products sold by MD Music And Marketing to the customer until the customer has paid all outstanding invoices with regard to MD Music And Marketing, unless the customer has provided sufficient security for these

  1. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to MD Music And

  2. MD Music And Marketing is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

 

The customer waives his right to settle any debt to MD Music And Marketing with any claim on MD Music And Marketing.

Retention of title

 

  1. MD Music And Marketing remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to MD Music And Marketing under whatever agreement with MD Music And Marketing including of claims regarding the shortcomings in the

  2. Until then, MD Music And Marketing can invoke its retention of title and take back the

  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. If MD Music And Marketing invokes its retention of title, the agreement will be dissolved and MD Music And Marketing has the right to claim compensation, lost profits and

Delivery

 

  1. Delivery takes place while stocks

  2. Delivery takes place at MD Music And Marketing unless the parties have agreed upon

  3. Delivery of products ordered online takes place at the address indicated by the

  4. If the agreed price is not paid on time, MD Music And Marketing has the right to suspend its obligations until the agreed price is fully paid.

  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by MD Music And

Delivery period

 

  1. Any delivery period specified by MD Music And Marketing is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from MD Music And

  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless MD Music And Marketing cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which MD Music And Marketing may not be held liable for any damage.

  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to MD Music And Marketing, failing which MD Music And Marketing cannot be held liable for any damage.

Insurance

 

  1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:

goods delivered that are necessary for the execution of the underlying agreement

goods being property of MD Music And Marketing that are present at the premises of the customer goods that have been delivered under retention of title

 

  1. At the first request of MD Music And Marketing, the customer provides the policy for these insurances for

Storage

 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the

  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s

Guarantee

 

  1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for MD Music And Marketing, not obligations of

  2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or

  3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.

  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the

Performance of the agreement

 

  1. MD Music And Marketing executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good

  2. MD Music And Marketing has the right to have the agreed services (partially) performed by third

  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.

  4. It is the responsibility of the customer that MD Music And Marketing can start the implementation of the agreement on time.

  5. If the customer has not ensured that MD Music And Marketing can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the

Duty to inform by the customer

 

  1. The customer shall make available to MD Music And Marketing all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.

  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.

  3. If and insofar as the customer requests this, MD Music And Marketing will return the relevant

  4. If the customer does not timely and properly provides the information, data or documents reasonably required by MD Music And Marketing and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the

Indemnity

 

The customer indemnifies MD Music And Marketing against all third-party claims that are related to the products and

/or services supplied by MD Music And Marketing.

Complaints

 

  1. The customer must examine a product or service provided by MD Music And Marketing as soon as possible for possible

  1. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform MD Music And Marketing of this as soon as possible, but in any case within 1 month after the discovery of the

  2. Consumers must inform MD Music And Marketing of this within two months after detection of the

  3. The customer gives a detailed description as possible of the shortcomings, so that MD Music And Marketing is able to respond adequately.

  4. The customer must demonstrate that the complaint relates to an agreement between the parties.

  5. If a complaint relates to ongoing work, this can in any case not lead to MD Music And Marketing being forced to perform other work than has been

Giving notice

 

  1. The customer must provide any notice of default to MD Music And Marketing in

  2. It is the responsibility of the customer that a notice of default actually reaches MD Music And Marketing (in time).

Joint and several Client liabilities

 

If MD Music And Marketing enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to MD Music And Marketing under that agreement.

Liability of MD Music And Marketing

 

  1. MD Music And Marketing is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.

  2. If MD Music And Marketing is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

  3. MD Music And Marketing is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

  4. If MD Music And Marketing is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability

  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

 

Every right of the customer to compensation from MD Music And Marketing shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

 

  1. The customer has the right to dissolve the agreement if MD Music And Marketing imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor

  2. If the fulfillment of the obligations by MD Music And Marketing is not permanent or temporarily impossible, dissolution can only take place after MD Music And Marketing is in

  3. MD Music And Marketing has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give MD Music And Marketing good grounds to fear that the customer will not be able to fulfill his obligations

Force majeure

 

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of MD Music And Marketing in the fulfillment of any obligation to the customer cannot be attributed to MD Music And Marketing in any situation independent of the will of MD Music And Marketing, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from MD Music And Marketing .

  1. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work

  2. If a situation of force majeure arises as a result of which MD Music And Marketing cannot fulfill one or more obligations towards the customer, these obligations will be suspended until MD Music And Marketing can comply with

  3. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in

  4. MD Music And Marketing does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure

Modification of the agreement

 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

 

  1. MD Music And Marketing is entitled to amend or supplement these general terms and

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discussed by MD Music And Marketing with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

 

  1. The customer cannot transfer its rights deferring from an agreement with MD Music And Marketing to third parties without the prior written consent of MD Music And Marketing .

  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil

Consequences of nullity or annullability

 

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what MD Music And Marketing had in mind when drafting the conditions on that

Applicable law and competent court

 

  1. Dutch law is exclusively applicable to all agreements between the

  2. The Dutch court in the district where MD Music And Marketing is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 05 februari 2021.