Sales Conditions Record shops – V1 September 2023
1.1 These general terms and conditions apply to all offers made by Futureworld Orchestra. The terms and conditions are accessible to all and included on the internet site of Futureworld Orchestra. Upon request, we will send you a written copy.
1.2 By placing an order you indicate your agreement with the delivery and payment terms and conditions. Futureworld Orchestra reserves the right to change its delivery and/or payment terms after expiry.
1.3 Futureworld Orchestra guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 The delivery time is in most cases 7-10 working days (excluding pre-orders). Futureworld Orchestra shall agree on a delivery period of up to 30 days. Should the agreed delivery period be exceeded for whatever reason, the buyer shall be entitled to dissolve the agreement and any payments made shall be reimbursed to the buyer within 14 days.
2.3 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the terms mentioned.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in EURO and exclude VAT.
4. Viewing period/right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving reasons. This period starts the moment the ordered goods have been delivered. If the buyer has not returned the delivered goods to Futureworld Orchestra after expiry of this period, the purchase is a fact. The buyer is obliged, before proceeding to return, to report this to Futureworld Orchestra in writing within 14 working days following delivery.
4.2 Should the buyer return goods after the period of 14 days or without prior written notification, the return will not be accepted.
The Purchaser may have the goods returned at its own expense.
If this option is not used, the goods will be destroyed without crediting the customer.
4.3 The Customer must prove that the delivered goods have been returned in time, for instance by means of proof of postal delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the buyer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph lapses. Subject to the provisions in the previous sentence, Futureworld Orchestra shall ensure that the full purchase amount including the calculated shipping costs is repaid to the buyer within 30 days upon proper receipt of the returned goods. Sending back the delivered items is entirely at the expense and risk of the buyer.
5. Data management
5.1 If you place an order with Futureworld Orchestra, your data will be included in Futureworld Orchestra’s customer database. Futureworld Orchestra abides by the Data Protection Act and will not provide your data to third parties.
5.2 Futureworld Orchestra respects the privacy of the users of the internet site and ensures confidential treatment of your personal data.
5.3 Futureworld Orchestra uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.
6.1 Futureworld Orchestra guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement and thereby guarantees the factory guarantee of the product supplied to you.
7.1 Quotes are without obligation, unless otherwise stated in the quote.
7.2 Upon acceptance of a non-binding offer by the buyer, Futureworld Orchestra reserves the right to withdraw or deviate from the offer within 3 working days upon receipt of such acceptance.
7.3 Verbal commitments only bind Futureworld Orchestra after they have been explicitly confirmed in writing.
8.1 An agreement between Futureworld Orchestra and buyer comes into being after an order has been assessed for feasibility by Futureworld Orchestra.
8.2 Futureworld Orchestra reserves the right, without giving reasons, not to accept orders or assignments or to exclusively accept them under the condition that the dispatch takes place cash on delivery or following advance payment.
9. Images and specifications
9.1 All images; photographs, drawings etc.; including data regarding weights, dimensions, colours, images of labels etc. on the internet sites of Futureworld Orchestra are approximate only, are indicative and cannot be a reason for compensation or dissolution of the agreement.
10. Force majeure
10.1 Futureworld Orchestra is not liable if and insofar as its commitments cannot be met due to force majeure.
10.2 Force majeure includes any foreign cause as well as any circumstance, which in all reasonableness should not be at its risk. Delays at or non-performance by our suppliers, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Futureworld Orchestra as well as by auxiliary persons, illness of personnel, deficiencies in auxiliary means or means of transport shall explicitly be considered force majeure.
10.3 Futureworld Orchestra reserves the right to suspend its obligations in case of force majeure and is also entitled to partially or wholly dissolve the agreement or to claim that the content of the agreement is amended in such a way that execution remains possible. Futureworld Orchestra shall in no case be obliged to pay any fine or damages.
11. Applicable law/jurisdiction
11.1 All agreements shall be governed by Dutch law.
11.2 Disputes, resulting from an agreement between Futureworld Orchestra and the buyer, which cannot be solved in mutual consultation, shall be submitted to the competent court within the district of Zwolle, unless Futureworld Orchestra prefers to submit the difference to the competent court of the domicile of the buyer and with the exception of those disputes which belong to the competence of the subdistrict court.