General terms and conditions Ophon Music Furniture

> Click here to download the template withdrawal form

Article 1 • Definitions

Offer: any offer from Ophon Music Furniture to the customer to  enter into an agreement to purchase a product; 

Service (s): all (additional) work or services performed by Ophon Music Furniture for the  benefit of the customer; 

Withdrawal period: the period within which the consumer can exercise his right to dissolve  the agreement; 

Consumer: the intended person who acts for purposes outside his business or professional  activity; 

Consumer purchase: the purchase with regard to a movable item that is concluded by Ophon  and a consumer. 

Durable medium: any tool - including e-mail - that enables the consumer or Ophon to store  information addressed to him personally in a way that makes this information accessible for  future use during a period that is adapted to the purpose for which the information is intended  and which allows an unaltered representation of the stored information; 

Right of withdrawal: the option for the consumer to withdraw from the distance contract  without stating reasons within the termination period and to dissolve it; 

Withdrawal period: the period within which the consumer can exercise his right to dissolve  the agreement; 

Customer: The natural person (s), whether or not a consumer or legal person (s) with whom  Ophon Music Furniture enters into an agreement (whether or not a distance agreement and  / or consumer purchase) and / or for whom Ophon Music Furniture provides (additional)  services (whether or not established remotely). 

Ophon: Ophon Music Furniture, acting in the context of its trade, business, craft or  professional activity. 

Distance contract: an agreement concluded between Ophon and the consumer within the  framework of an organized system for distance sales of products, digital content and / or 

services, whereby exclusive or joint use is made up to and including the conclusion of the  agreement via one or more techniques for distance communication; 

Agreement: an agreement concluded between Ophon and the Customer, including the  conclusion of a distance agreement or consumer purchase. 

Additional agreement: an agreement whereby a consumer acquires goods or services in  connection with a distance contract and these are delivered by Ophon. 

Model withdrawal form: the withdrawal form set out in Annex I, Part B to Directive 2011/83 /  EU of 25 October 2011; 

Insofar as a definition is formulated in the singular, it also applies to the mention in the plural  form. 

Article 2 • Name and identity of the supplier 

Identity of the entrepreneur: 

Mr. P.H.F. (Piet Hein) Clijsen * (sole proprietorship), born on July 1, 1970 in Tilburg, trading  under the name: 

Ophon Music Furniture 

* For a further impression of Ophon, reference is also made to the About section on this site. Contact details 

Address of establishment: 

Tweede Constantijn Huygensstraat 62 
1054CV Amsterdam 

Phone numbers: 
0031 (0) 20 489 777 3 
0031 (0) 651 810 043 

E-mail address:
info@ophon.nl 

Internet address: 
https://www.ophon.nl/ 

Ophon Music Furniture is a trademark of PH3 Ontwerp en Bouw and is registered with the  Chamber of Commerce under number: 34190565 

VAT identification number: NL 001778694B28 

You can reach us: On working days from Monday to Friday from 9 a.m. to 5 p.m. on  telephone number 0031 (0) 651 810 043 or 0031 (0) 20 489 777 3 or by email: info@ophon.nl 

Article 3 • Applicability 

3.1 These general terms and conditions are used by Ophon Music Furniture (“Ophon”). In  these terms, by “Ophon”, “we” and “us” or “our” mean the party that sells a product or  provides Services to you. When these terms and conditions refer to “you”, “your”, we mean  the Customer. 

3.2 These general terms and conditions apply if you purchase a product and / or a Service  from Ophon. 

3.3 General (purchase) conditions of the Customer are explicitly rejected.

3.4 Third parties involved by Ophon in the performance of the Agreement can also invoke  these general terms and conditions. 

Article 4 • The Offering 

4.1 An Offer, whether or not in the form of a quotation or display on the website, is, unless  explicitly stated otherwise, without obligation and valid for the period stated in the Offer. If  the Offer does not state a term for acceptance, the Offer will in any case expire fourteen (14)  days after the date stated in the Offer. 

4.2 An Offer accepted by the Customer within the validity period can be revoked by Ophon during three (3) working days after the date of receipt of the acceptance by Ophon, without  this leading to any obligation on the part of Ophon to compensate any resulting Customer  suffered damage. 

4.3 An order given by the Client can be confirmed by Ophon by means of an order  confirmation. If the Client has not objected to this within seven (7) days after receipt of the  order confirmation, the order as described in the order confirmation will be deemed to have  been accepted by the Client. 

Article 5 • The agreement 

5.1 An Agreement is only concluded: (a) by acceptance by the Customer of an Offer, or 

(b) by the order confirmation from Ophon of an order given by the Client (verbally / by  telephone or in writing) other than on the basis of an Offer; 

5.2 Amendments and / or additions to an Agreement only apply after they have been accepted  by Ophon. The language in which the Agreement is concluded is Dutch. Ophon will keep the  Agreement concluded with the Customer in its administration for the statutory retention  period (s) resting on it. During that period you can receive a copy thereof by submitting a  request by email to: info@ophon.nl. 

5.3 Ophon cannot be held to its Offer or order confirmation if you should have understood  that it, or any part thereof, contained an obvious mistake or clerical error. 

5.4 Ophon reserves the right, prior to entering into an Agreement, to ascertain whether the  Customer can meet its payment obligations. If, on the basis of this investigation, Ophon has 

good reasons not to enter into the Agreement, it is entitled to refuse an order or request or to  attach special conditions to the execution thereof. Ophon will then notify the Customer of this  decision within a reasonable period of time. 

5.5 When delivering the product and / or the Service, Ophon will again send the Consumer  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 medium: 

the visiting address of the Ophon branch where the Consumer can go with complaints; 

the conditions under which and the way in which the Consumer can make use of the Right of  Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal; 

if the Consumer has a Right of Withdrawal, the Model withdrawal form and information  about existing service after purchase; 

the price, including all taxes on the product and / or Service, and where applicable, the costs  of delivery; and the method of payment, delivery or implementation of the Distance  Agreement; 

5.6 All images; photos, drawings, etc .; Among other things, data concerning weights,  dimensions, colors, images of labels, etc. on the Ophon website are only approximate,  indicative and cannot give rise to compensation or termination of the agreement. The  

foregoing does not apply if the Agreement is concluded with a Consumer and he makes  timely use of his Right of Withdrawal as described in art. 7 of these general terms and  conditions. 

Article 6 • Cancellation 

6.1 If the Customer cancels after the conclusion of the Agreement, he will owe compensation.  This is based on income lost by Ophon. The compensation is made up of the gross profit  margin (fixed and variable costs, profit mark-up), less variable costs not incurred, such as  delivery costs, and amounts to at least 50% of the total price. 

6.2 If it concerns an Agreement with a Consumer in the case of a Distance Agreement, no  compensation is owed due to cancellation, if use was made of the Right of Withdrawal as  stipulated in Article 7 of these general terms and conditions.

Article 7 • Right of withdrawal: 

7.1. The provisions below (7, 8, 9, 10 and 11) only apply to a Distance Contract concluded  with a Consumer. 

7.2 The Consumer can dissolve an Agreement with regard to the purchase of a product,  whether or not combined with a Service (such as the installation of the product), without  giving reasons for a period of 14 days. Ophon will be able to ask the Consumer about the  reason for the withdrawal, but cannot oblige him to state a reason. 

7.3 The withdrawal period referred to in paragraph 2 starts on the day after the product has  been received by the Consumer or by a third party on his behalf at the consumer's request. 

7.4 In the case of multiple partial deliveries from one order, the Withdrawal Period starts from  the day on which the last partial delivery was received by or on behalf of the Consumer. 

7.5 For Services only, the reflection period referred to in paragraph 2 starts on the day after  the conclusion of the agreement. 

Article 8 • Obligations of the Consumer during the reflection period 

8.1 During the reflection period, the Consumer must handle the product and packaging with  care. He will only unpack or use the product in such a way as is necessary to determine the  nature, characteristics and functioning of the product. The basic principle here is that the  Consumer may handle and inspect the product as he would be allowed to do in a shop. 

8.2 If the Consumer goes further than described in paragraph 1 of this article, he is liable for  the depreciation of the product. 

Article 9 • Exercise of the right of withdrawal by the Consumer and costs thereof 

9.1 The Consumer can exercise the Right of Withdrawal by informing Ophon in writing by  post, fax or e-mail in clear terms that he / she is withdrawing from the Agreement. 

9.2 The Consumer may use the attached Model withdrawal form, as downloadable here (and  which is also attached to these terms and conditions), but is not obliged to do so. The Model  withdrawal form will be sent by Ophon together with the Offer or an order confirmation, as  well as upon delivery, together with the product.

9.3 The termination has taken place within the specified period if the notice to that effect has  been sent by the Consumer before the Withdrawal Period has expired. 

9.4 As soon as possible, but within 14 days from the day after this notification, the Consumer  will return the product or hand it over to Ophon or its authorized representative, unless Ophon  has indicated that it will collect the product itself. 

9.5 The Consumer returns the product with all accessories supplied, as much as possible in its  original condition and packaging, and in accordance with the reasonable and clear instructions  provided by Ophon. 

9.6 The Consumer bears the risk and the burden of proof for the correct and timely exercise of  the Right of Withdrawal. 

9.7 The Consumer bears the direct costs of returning the product with a Distance Agreement,  except: 

i. if Ophon has not reported that the Consumer must bear these costs; or 

ii. if Ophon indicates that it will bear the costs itself, Ophon will state the costs of return with  the Offer or the order confirmation, insofar as the products cannot be sent by regular mail. 

9.8 If the Consumer withdraws after he has explicitly requested Ophon to start performing a  Service during the Withdrawal Period, the Consumer will pay for the Service provided until  the moment of withdrawal. 

9.9 The Consumer does not bear any costs for the performance of Services if: 

Ophon has not provided the Consumer with the legally required information about the Right  of Withdrawal, the cost reimbursement in the event of withdrawal or the Model withdrawal  form; or the Consumer has not explicitly requested to start the performance of the Service. 

9.10 Any Additional Agreements will also be dissolved by operation of law upon revocation.

Article 10 • Ophon's obligations in the event of withdrawal 

10.1 If Ophon makes the withdrawal by the Consumer possible electronically via the site,  Ophon will immediately confirm a confirmation of receipt by email after receipt.

10.2 Ophon will reimburse all payments received from the Consumer, including delivery  costs, no later than 14 days after the day on which he cancels the revocation. Unless Ophon  has offered to collect the relevant products itself, Ophon may wait with the refund until the  products have been received by him, unless the Consumer demonstrates that he has returned  the relevant products. The latter can be done by submitting or sending, for example, a proper  dispatch or delivery receipt to Ophon. 

10.3 No (administration) costs will be charged for the reimbursement. Ophon will use the  same payment method as used by the Consumer to fulfill the Distance Agreement, unless  otherwise agreed in writing. The Consumer is obliged to immediately report inaccuracies or  changes in payment details provided or stated to Ophon. 

10.4 Ophon is not obliged to repay the additional costs if the Consumer has explicitly opted  for a different (more expensive) method of return than the least expensive method offered by  Ophon, such as post or regular parcel service. 

Article 11 • Exclusion of right of withdrawal 

11.1 For products manufactured in accordance with the Consumer's 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 (“custom products”),  Ophon can exclude the Right of Withdrawal. For custom-made products we base ourselves on  the dimensions and specifications you have specified, unless we measure them ourselves or  have them measured, we only supply custom-made products at the applicable price.  Revocation of ordered custom-made products is therefore not possible. Ophon only makes use  of the aforementioned right of exclusion if this was clearly stated by him in the Offer, at least  in time for the conclusion of the agreement. 

11.2 In the following cases, Ophon can exclude the Right of Withdrawal for Services, such as  the installation of a product, after having started the performance of the Service. Ophon will  only be allowed to do this if the performance has started with the explicit prior consent of the  Consumer and the Consumer has also stated that he will lose his Right of Withdrawal as soon  as Ophon has started the Service. If the Service has not yet been fully performed upon  withdrawal, the Consumer will owe a proportional part of the price of the Service. 

Article 12 • The price

12.1 The prices as stated in an Offer, order confirmation, quotation or on the website are,  unless stated otherwise, in euros and including VAT. 

12.2 Transport costs and in case of sale abroad, other levies, excise duties, and / or surcharges  are not included in this and are stated separately in the Offer and / or the order confirmation  mention. 

12.3. Prices will not be increased within the term of the Offer or after the order confirmation,  unless legal measures make this necessary or if the manufacturer implements interim price  increases. 

12.4 All prices on the site are subject to printing and typing errors. No liability is accepted for  the consequences of printing and typesetting errors. 

Article 13 • Compliance and guarantee and extrajudicial dissolution 

13.1 Ophon guarantees that the products comply with the Agreement and have the properties  that the Customer could expect on the basis of the Agreement, including in any case  properties that are required for normal use of the products and the presence of which the  Customer did not have to doubt when entering into the Agreement. Only if this has been  expressly agreed, Ophon also guarantees that the product is suitable for other than normal use. 

13.2 Insofar as, in the exceptional case, a product does not comply with the Agreement and  this information is attributable to Ophon and results in a shortcoming, the Customer is entitled  to delivery of the missing, or repair, replacement or dissolution in accordance with, among  other things, Title 1 Section 3 of Book 7 of the Civil Code. Ophon will then bear the costs of  repair resp. replacement, incl. freight and call-out costs; If the defect can be properly repaired,  Ophon does not need to replace the product. 

13.2 Because the products of Ophon are regularly made of high-quality eco-neutral (glued)  wood and as a rule they are (treated) natural products, marginal deviations in color, structure,  etc. may occur. The color of the material can also change after use and over time (for example  due to exposure to natural light). The Customer takes note of and accepts this information as 

not being an aspect on the basis of which the possibility of normal use or the conformity of  the product is lacking. The right to repair, replacement and compensation, or dissolution of  the Agreement (not meant the timely exercise of the right of withdrawal by a Consumer) is  therefore limited and excluded by the intrinsic characteristic (s) of the product described  

above. This is, however, insofar as the deviations are objectively acceptable from a technical  point of view and as fitting within the description “marginal”. 

13.3 Ophon may, without notice of default, dissolve the Agreement in whole or in part out of  court in the event of bankruptcy, suspension of payments or statutory debt rescheduling of the  Customer. 

Article 14 • Retention of title, delivery and implementation 

14.1 Ophon remains the owner of the products sold until the Customer has paid the price (and  any additional costs) in full. The Customer is obliged to treat the products with care. He may  not give the products to third parties or give them as collateral, lend them, or 

removed from the space where they were delivered, until the amount due has been paid. The  place of delivery is the address that the Customer has provided to Ophon. 

14.2 The delivery time is the agreed time within which the work must be performed or the  products must be delivered. For a Consumer purchase, a delivery time of a maximum of 30  days after the conclusion of the agreement, unless otherwise agreed. 

14.3. In the event that the delivery time is not met, Ophon will be granted an extra period by  the Customer to still deliver. The extra term is a maximum of one month but never longer  than the original delivery time. 

14.4 If the extra term is exceeded, the Client is entitled to dissolve the Agreement  extrajudicially and / or to request compensation. After dissolution in accordance with the  previous paragraph, Ophon will immediately refund the amount paid by the Consumer. 

14.5 If the delivery time is exceeded, Ophon is not liable for any form of consequential  damage in an Agreement with a business Customer. 

14.6 In the case of an Agreement with a Consumer, Ophon must compensate such damage  that is related to the exceeding and that can be attributed to Ophon in view of the nature of the 

liability and the nature of the damage. The Consumer must limit the damage as much as  possible. 

14.7 The risk of damage and / or loss of products rests with Ophon until the moment of  delivery to the Customer or to a third party designated in advance and notified to Ophon,  unless expressly agreed otherwise. 

Article 15 • Payment 

15.1 Unless otherwise agreed, the Client must pay the price owed (and where appropriate  including the costs of transport) in full when the Agreement is concluded. If payment on  account has been agreed, the account amount must be paid by the Client within 14 days of  receipt thereof. 

15.2 Before full payment has been made, the Customer cannot assert any rights whatsoever  with regard to the execution of the relevant order, Agreement or Service (s) and Ophon is  therefore not obliged to deliver products. 

15.3 If the Customer does not fulfill his payment obligation (s) on time, after Ophon has  informed him of the late payment and Ophon has granted the Customer a period of 14 days to  still fulfill his payment obligations, after failure to fulfill his payment obligations. of payment  within this 14-day period, the statutory interest is due on the amount owed and the  entrepreneur is entitled to charge the extrajudicial collection costs incurred by him in  accordance with the Decree on compensation for extrajudicial collection costs of 27 March  2012. Ophon is then also entitled to dissolve the Agreement extrajudicially and to claim  compensation. If the Consumer fails to pay the price even after the 14-day reminder period  has expired, the Agreement will be deemed to have been withdrawn between Ophon and the  Consumer within the meaning of art. 7 of the general terms and conditions and then Ophon is  not (any longer) bound under the relevant Agreement with the Consumer. 

4. Without the express and written permission of Ophon, the Client is not permitted to apply  its payment obligations to set-off or suspension. 

Article 16 • Liability 

16.1 Any liability of Ophon is limited to the price (including VAT) that has been charged by  Ophon on the basis of the agreement, which is the basis for the creation of the liability, and 

that has been paid by the Customer on time, with a maximum of € 15,000.00 (fifteen  thousand euros) per event or related event. 

16.2 Ophon is not liable for damage caused by incorrect use of or careless handling of the  products by the Customer. Before use and installation, always read the instructions on the  packaging and / or consult our website. 

16.3 The Client is solely responsible for the structural and structural suitability of the location,  building, space and / or (onder) floors where the Customer will place the product, this also  applies if the installation of the product is carried out by an Ophon technician. The technician  has only been hired to professionally build the product at the location that the Customer  designates and does not advise him, nor is he trained to advise the Customer on whether and  where the product can best be placed. Since a large number of LP records can be stored and  displayed in the Ophon product, and the Customer determines how many LP records are  stored in the Product, this is a considerable (together) depending on the material of the  product and the number of LP records stored therein. weight. Ophon therefore excludes any  liability for damage that may result from the above-described choices of the Customer. Ophon  will always state the weight in the description of the product in the Offer or the order  confirmation (and upon delivery thereof). 

16.4 The limitations of liability included in Articles 16.1 to 16.3 do not apply insofar as  Ophon's liability for damage is the result of intent or deliberate recklessness on the part of  Ophon. 

Article 17 • Privacy Policy 

Ophon keeps your private information private and handles your personal data with care. We  are committed to ensuring the reliability, security and integrity of the personal data we have  obtained from you. For our privacy policy, we refer to our Privacy Policy on the site. 

Article 18 • Intellectual property 

18.1 Ophon reserves the intellectual property and / or is entitled to, among other things,  designs, images, drawings, samples, samples and models provided. If requested by Ophon, the  Customer must return it immediately

18.2 You may not remove or change indications of intellectual property rights on / in the  sketches and designs supplied by Ophon (whether or not made available digitally). 

18.3 The Customer is not permitted to reproduce, disclose or exploit the work, material or  products of Ophon which are subject to intellectual property rights without the consent of  Ophon. 

Article 19 • Force majeure 

19.1 Force majeure is understood to mean, in addition to what is understood in the law and  jurisprudence, all external causes, foreseen or unforeseen, on which Ophon cannot influence.  This will also include strikes, traffic disruptions, unforeseeable stagnation, pandemics,  disruptions in the supply of energy, transport difficulties, fire, loss or damage during transport  and government measures. 

19.2. Ophon's obligations are suspended during force majeure. If performance is impossible  for more than one month due to force majeure or if there are other circumstances that make it  disproportionately difficult for Ophon to fulfill its obligations, Ophon is authorized to  dissolve the Agreement in whole or in part by notifying the Customer without judicial  intervention. without there being an obligation to pay compensation in that case. 

19.3. If Ophon has already partially fulfilled its obligations upon the commencement of force  majeure, it is entitled to invoice the part already delivered or performed separately, or to partially credit it for down payments. 

Article 20 • Complaints procedure 

20.1. Customer satisfaction is a top priority for Ophon. We therefore request every Ophon  Customer with a question or complaint to always contact our customer service employees.  They can be reached by telephone every working day between 9 a.m. and 5 p.m. under  number 0031 (0) 20 489 777 3. 

20.2 Complaints that cannot be dealt with by telephone, as is the case with complaints about  the performance of the Agreement or the quality of a product, must also be submitted to  Ophon fully and clearly described. This should preferably be done in writing by post (address: 

Tweede Constantijn Huygensstraat 62 (1), 1054 CV Amsterdam) or by email to  info@ophon.nl and in any case timely. 

20.3 If during delivery or completion there is no opportunity to detect and / or report  complaints and damage to the goods delivered or to the property of the Customer, the  Customer must report complaints or damage in writing as soon as possible afterwards,  preferably within two working days. after detection. If no notification is received by Ophon  within 14 days after delivery or completion, it is assumed that the products have been  delivered undamaged and / or that no damage has been caused by Ophon. 

20.4. In the event of damage, the Client will give Ophon the opportunity to inspect and  appraise the damage. The Customer also cooperates with repairs by or on behalf of Ophon. 

20.5. Complaints that only arise in use after delivery are reported as soon as possible after  they have arisen, but no later than two months after discovery. This preferably in writing. 

20.6 Failure to submit a complaint on time may result in the Customer losing its rights to  repair, replacement, compensation or otherwise. 

Article 21 • Applicable law and competent court 

21.1 All agreements to which these terms and conditions apply are subject to Dutch law. If the  Consumer is established in an EU country other than the Netherlands and the legislation in  that EU country offers him better protection, Ophon will apply these rights. 

21.2 All disputes arising from this Agreement will be exclusively submitted to the court in  Amsterdam. If and insofar as it concerns a dispute with a Consumer, the court of his place of  residence has jurisdiction.