General Sales Conditions


General Sales Conditions Audiofriends

Registered at the Chamber of Commerce under file number 30240174

1        General
1.1        Under the following General Terms and Conditions is to be understood:
The vendor of Audiofriends: the entrepreneur handling these terms and conditions.
The consumer: the contractual counterparty of the vendor that does not act in the capacity of a profession or organization and enters into an agreement at a distance with the vendor.
Agreement at a distance: the agreement, whereby, in the framework of an organized system by the vendor or service provider for distance selling of products up to and including entering into agreement, only one or more means of communication at a distance will be used.
Purchase at a distance: the agreement at a distance being a consumer purchase (article 7:5 CC [Civil Code])
Means of communication at a distance: means that can be used for entering into an agreement without consumer and vendor simultaneously being in the same room in person.
Right of withdrawal: the possibility for the consumer to renounce the agreement at a distance.
Day: calendar day
Sustainable data carrier: any means that offers the consumer or vendor the possibility to save information personally provided to him/her in a manner enabling future consultation and unaltered reproduction of the saved information.
1.2        Any deviations from the General Terms and Conditions should be explicitly agreed in writing. These deviations shall not apply with respect to legal relations incurred later between the vendor and consumer.

2        Identity of the vendor
Fred E. Buist, acting under the name Audiofriends, registered office in
Bisonspoor 60, 3605JC, Maarssen, the Netherlands.
Telephone: +31(0)346-579753 (usually available between 9:00-17:00)
Email address: fred@audiofriends.nl
C.o.C. number: 30240174
VAT-identification number: NL1732.09.518.B01

3        Applicability of General Terms and Conditions
3.1        These terms and conditions are applicable to all offers by the vendor, to all agreements at a distance entered into by the vendor and to all agreements at a distance that may result thereof.
3.2.        The consumer accepts these general terms and conditions upon placing an order.
3.3      These general terms and conditions are registered at the Chamber of Commerce in Utrecht. They will be forwarded free of charge per e-mail upon request.

4        Proposal and establishment of agreement
4.1        The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the consumer provides data, drawings, etc. to Audiofriends, Audiofriends may assume the correctness thereof and will, thereupon, base its offer.
4.2        In case Audiofriends makes use of images it will involve a truthful representation of the offered products and/or services. Obvious errors, written mistakes or inaccuracies in the offer do not bind the vendor. If the offer has a limited validity or in case certain conditions apply to it, Audiofriends shall explicitly state this in the offer.
4.3        Audiofriends does the offer while providing such information so as to make it clear for the consumer which rights or obligations are attached to accepting the offer. It especially applies to:
- the identity of Audiofriends: name, address, email address and/or telephone number;
- most important features of the business;
- price including taxes;
- shipping costs as far as applicable;
- means of payment, delivery and implementation of the agreement;
- validity of the offer or price;
4.4        An agreement enters into effect at the time of accepting an order by Audiofriends.
4.5        If the consumer has accepted the offer electronically, Audiofriends will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.

5        Returned Goods
5.1        Upon purchasing products, the consumer is entitled to return the articles without stating a reason within 14 days subsequent to receipt. The cost of return will be paid by the consumer.
5.2        When the goods are returned to Audiofriends in an intact and unused state, the paid amount shall be reimbursed within 14 days.
5.3        The regulation under 5.1 does not apply to articles that have been specifically created for the consumer or have been specifically ordered with a third party.

6.         Price
Audiofriends is entitled to increase the agreed price interim, if and insofar unforeseen cost price increasing circumstances (such as VAT/taxes) occur subsequent to entering into an agreement.  

7        Payment Conditions
Ordered goods must be paid in advance.
The purchase may only be paid by bank transfer in such a way that no additional transaction costs are charged to the bank of Audiofriends.


8        Delivery and implementation
8.1        Audiofriends will take the greatest possible care upon receiving and implementing orders of products.
8.2        The address given to Audiofriends by the consumer will be considered as the place of delivery. However, if a different address is specified when paying through PayPal, then the ordered product will be sent to (if applicable) the address specified on PayPal.  
8.3        Subsequent to receiving the owed advance payment by the consumer, delivery shall occur as soon as possible. In any case, the ordered product shall be sent within 14 days subsequent to payment unless a longer delivery period has been agreed upon.
8.4        The consumer will take the greatest possible care upon receipt of the goods or services.  
8.5      If shipment of the ordered product is not possible within 30 days subsequent to receiving payment, the consumer shall be informed thereof and can dissolve the agreement without further costs.
8.6     In case of dissolution in accordance with the previous paragraph, Audiofriends shall reimburse the amount paid by the consumer as soon as possible, but no later than 14 days subsequent to dissolution.  
8.7     The risk of whole or partial loss and/or cancelling business will be applied to the consumer at the moment and place of delivery unless otherwise expressly agreed upon.
8.8     Audiofriends will have the relevant transportation company conduct an investigation upon the loss of a registered or traceable delivery. The client should await the outcome thereof. The outcome of the transportation company is binding.  

9        Conformity and Guarantee
9.1     Audiofriends guarantees that the products comply with the agreement, specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or general government regulations on the date of establishment.
9.2        A regulation offered as a guarantee by Audiofriends, manufacturer or importer does not detract from the rights and claims that the consumer has in respect to a shortcoming in the fulfilment of the obligations by Audiofriends.

10        Reclamation, complaints
10.1        The consumer has the obligation to examine the delivered goods upon delivery for determining whether these meet the agreement.
10.2        Reclamation should be reported to the vendor in writing (email) and as soon as possible, but at the latest within 14 days subsequent to delivery or upon non-visible defects within 14 days subsequent to reasonably detecting the defects.
10.3        Claims and rejections based on facts that would justify the assertion that the delivered item does not comply with the agreement will expire in the course of 1 year subsequent to delivery.
10.4        If the delivered product does not comply with the agreement, then Audiofriends is only liable for delivery of the missing item, the repair of the delivered item or replacement of the delivered item.

11        Liability
The liability of Audiofriends is limited to the redelivery of the relevant articles or refunding of the purchase price. Audiofriends is, therefore, not liable for damages arising from using or assembling the delivered articles by the consumer.

12        Applicable law
Dutch law applies to this agreement.

13        Final provision
These general terms and conditions have been set up by and for Audiofriends and translated from Dutch into German and English by a recognised translation agency. That means that copyright is applicable for the Dutch, German and English version of these general terms and conditions and may not be used by others for business purposes.

Drawn up on 2 September 2012

Registered at the Chamber of Commerce Utrecht under file number 30240174.

© Copyright 2012 – Audiofriends – Fred Buist – All Right Reserved