Terms and conditions Futureworld Orchestra/Futureword Records
General terms and conditions based on model conditions from Stichting WebwinkelKeur.
Table of contents
Article 1 – Definitions
Articele 2 – Identity of the entrepreneur
Articele 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and execution
Article 12 – Continuing performance: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Grace period: The period within which the consumer can make use of his right of withdrawal; Read more
Read all about cooling-off period.
2. Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a remote agreement related to a series of products and/or services of which the delivery and/or purchase obligation is spread over time;
5. Durable medium: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the
of the stored information.
6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period
distance contract within the cooling-off period;
7. Model form: the model form for withdrawal which the entrepreneur makes available and which a consumer can fill in when he wants to use his right of withdrawal.
8. Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the moment that the agreement is concluded, exclusive use is made of one or more techniques for distance communication;
10. Means of distance communication: means that can be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Futureworld Orchestra/Futureword Records
7447 XZ Hellendoorn
VAT number NL0011181B97
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general conditions will be made
Before concluding a distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance
If this is not reasonably possible, the text of these general conditions will be made available to the consumer before the distance contract is concluded.
request of the consumer as soon as possible.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it
simple manner by the consumer can be stored on a durable data carrier. If this is not reasonably possible
If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be viewed
terms and conditions electronically and that they may be consulted free of charge at the consumer’s request electronically or in any other way.
electronically or in any other way free of charge.
4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall not apply.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always appeal to the general conditions in the event of
In case of contradictory general terms and conditions, the consumer can always rely on the applicable provision which is the most favourable to him.
most favourable to him.
5. If one or more provisions in these general terms and conditions are null and void or annulled in part or in full at any time, the remaining provisions of the agreement and these terms and conditions shall continue to apply and the provision in question shall be
replaced without delay by a provision that approximates the scope of the original as closely as possible.
the original as far as possible.
6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
of these general terms and conditions.
7. Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The
description is sufficiently detailed to allow a good assessment of the offer by the consumer.
make a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered.
products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the
4. All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the contract.
All images, specifications and information contained in the offer are indicative and may not constitute grounds for compensation or dissolution of the contract.
5. Images of products are a true representation of the products on offer. Entrepreneur
cannot guarantee that the colours shown will exactly match the real colours of the products.
6. Each offer contains such information, that it is clear to the consumer what his rights and obligations are,
that are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipment;
the way in which the agreement will be brought about and which actions are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and implementation of the agreement;
The period for accepting the offer, or the period within which the entrepreneur price
the size of the tariff for distance communication if the costs for using the technology for distance communication are calculated on a different
communication at a distance are calculated on a basis other than the regular basic rate for the
means of communication used;
whether the agreement is archived after its conclusion and, if so, in which way it can be consulted by the consumer; – whether the agreement is in the possession of a
consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the data he has provided in the framework of the
agreement, the way in which the consumer, before concluding the agreement, can check the data he has provided and, if desired, correct them;
any other languages besides Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these
codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.
Article 5 – The agreement
1. The agreement is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the
the consumer accepts the offer and the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance electronically.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the agreement of this
acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and
If the agreement is created electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and he shall ensure a safe
secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate
take appropriate security measures.
4. The entrepreneur can – within legal limits – inform himself whether the consumer can fulfill his payment obligations
The entrepreneur may, within the limits of the law, inform the consumer about his ability to fulfil his payment obligations, as well as about all those facts and factors which are important for a
responsibly concluding the distance contract. If, on the basis of this examination, the entrepreneur has good
If, on the basis of this examination, the trader has sound reasons for not concluding the contract, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, with the product or service:
The visiting address of the Entrepreneur’s business establishment where the Consumer may lodge complaints;
The conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these
the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or
year or is indefinite.
6. In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the of the products concerned.
Article 6 – Right of withdrawal
In case of delivery of products:
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons during a period of 14 days. This cooling off period commences on the day after receipt of the product
by the consumer or a previously designated by the consumer and the entrepreneur
representative previously designated by the consumer and known to the entrepreneur.
2. During the cooling-off period the consumer will handle the product and packaging with care. He will only
unpack or use the product only to the extent necessary to judge whether he/she wishes to keep the product.
the product to the extent necessary to judge whether he wishes to keep it. If he makes use of his right of withdrawal, he will return the product with all the
delivered and – if reasonably possible – in the original condition and packaging to the entrepreneur
return the product to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to make use of his right of withdrawal, he is obliged to do so within 14 days,
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. The consumer must make this known
The consumer must make this known by means of the model form or by means of another means of communication such as e-mail. After the consumer
After the consumer has made known that he wants to use his right of withdrawal, the customer must return the product
return the product within 14 days. The consumer has to prove that the delivered goods have been returned in time, for instance by
The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.
4. If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not indicated his intention
If, at the end of the periods specified in paragraphs 2 and 3, the customer has not made known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is
In case of delivery of services:
1. When services are supplied, the consumer has the possibility of dissolving the agreement without giving reasons for a period of at least 14 days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest on delivery.
Article 7 – Costs in the event of withdrawal
1. If the consumer makes use of his right of withdrawal, a maximum of the costs of returning the goods shall be borne by him.
for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than
If the consumer has paid an amount, the entrepreneur shall return this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been
received by the merchant or conclusive proof of return can be provided.
Reimbursement will be made via the same payment method as used by the consumer, unless the consumer
Unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any
In case of damage of the product due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
4. The consumer cannot be held responsible for a decrease in the value of the product if
The consumer cannot be held liable for a reduction in the value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal; this should be
This must take place prior to the conclusion of the purchase agreement.
Article 8 – Exclusion of right of withdrawal
1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2
and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer,
The exclusion of the right of withdrawal shall only apply if the Entrepreneur has clearly stated this fact when making the offer or at least in good time prior to concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products
that have been created by the entrepreneur in accordance with the specifications of the consumer;
that are clearly personal in nature;
that cannot be returned due to their nature;
That spoil or age quickly;
whose price depends on fluctuations in the financial market on which the entrepreneur has no influence
on which the entrepreneur has no influence;
For individual newspapers and magazines;
For audio and video recordings and computer software of which the consumer has unsealed the seal;
for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services
concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or
during a specific period;
of which the delivery has been started with the consumer’s explicit consent before the cooling-off period has
has expired; on betting and lotteries.
Article 9 – The price
1. During the period of validity mentioned in the offer, the prices of the products and/or services offered
services are not increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to
fluctuations in the financial market over which the entrepreneur has no influence, with variable prices.
offer with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices
will be stated with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if
They are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors.
No liability is accepted for the consequences of misprints and typesetting errors. In case of misprints the entrepreneur is not obliged to deliver the product according to the wrong price.
Article 10 – Compliance and warranty
1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the
offer, to the reasonable requirements of reliability and/or usefulness and on the date of
date of concluding the contract existing legal provisions and/or government regulations.
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer, based on the agreement, can enforce against the entrepreneur.
3. Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 2 months after delivery.
Any defects or wrongly delivered products must be reported to the entrepreneur in writing within two months after delivery. The products must be returned in the original packaging and in new condition.
4. The Company’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is responsible for the ultimate suitability of the products for each individual application by the application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if the delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or
handled in an abnormal manner or contrary to the instructions of the entrepreneur and/or are treated on the packaging;
the defectiveness is wholly or partially the result of regulations which the government has imposed or will impose
government has laid down or will lay down with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and in the
implementation of product orders and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders expeditiously but at least within 30 days, unless the consumer has agreed to a longer
with a longer delivery period. If delivery is delayed, or if an order cannot be filled or can be filled only partially, the
partially carried out, the consumer shall be informed about this no later than 30 days after he has placed the order.
the order has been placed. The consumer in that case has the right to dissolve the agreement without cost.
dissolve the contract free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates
derive any rights from any deadlines mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the consumer with the amount paid as soon as possible, but no later than within 14 days.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall return the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement product. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest upon delivery.
that a replacement product is being delivered. The right of withdrawal cannot be excluded with replacement articles.
be excluded in the case of replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and notified representative of the entrepreneur, unless otherwise agreed.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.
Artikel 12 – Duurtransacties: duur, opzegging en verlenging
1. De consument kan een overeenkomst die voor onbepaalde tijd is aangegaan en die strekt tot het geregeld
afleveren van producten (elektriciteit daaronder begrepen) of diensten, te allen tijde opzeggen met inachtneming
van daartoe overeengekomen opzeggingsregels en een opzegtermijn van ten hoogste één maand.
2. De consument kan een overeenkomst die voor bepaalde tijd is aangegaan en die strekt tot het geregeld
afleveren van producten (elektriciteit daaronder begrepen) of diensten, te allen tijde tegen het einde van de
bepaalde duur opzeggen met inachtneming van daartoe overeengekomen opzeggingsregels en een opzegtermijn
van ten hoogste één maand.
3. De consument kan de in de vorige leden genoemde overeenkomsten:
– te allen tijde opzeggen en niet beperkt worden tot opzegging op een bepaald tijdstip of in een bepaalde periode;
– tenminste opzeggen op dezelfde wijze als zij door hem zijn aangegaan;
– altijd opzeggen met dezelfde opzegtermijn als de ondernemer voor zichzelf heeft bedongen.
1. An agreement that was entered into for a definite period of time and that extends to the regular delivery of products
(including electricity) or services, may not be tacitly extended or renewed for a fixed period.
2. In deviation from the previous paragraph, a contract for a definite period of time that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly extended for a
term of no more than three months if the consumer can terminate this extended contract towards the end of the extension by means of a
the extension with a period of notice that does not exceed one month.
3. A fixed-term contract that has been concluded for the regular supply of products or services may only be
or services may only be tacitly extended for an indefinite period if the consumer has at all times the right to terminate with a
terminate with a notice of up to one month and a notice of up to three months
if the purpose of the agreement is the regular, but less than once a month, delivery of daily
news and weekly newspapers and magazines.
4. A contract with a limited period of time for the regular supply, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be
automatically upon expiry of the trial or introductory period.
1. If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice period of one year. If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the year.
against termination before the end of the agreed term.
Artikel 13 – Betaling
1. Voor zover niet anders is overeengekomen, dienen de door de consument verschuldigde bedragen te worden voldaan binnen 7 werkdagen na het ingaan van de bedenktermijn als bedoeld in artikel 6 lid 1. In geval van een overeenkomst tot het verlenen van een dienst, vangt deze termijn aan nadat de consument de bevestiging van de overeenkomst heeft ontvangen.
2. De consument heeft de plicht om onjuistheden in verstrekte of vermelde betaalgegevens onverwijld aan de ondernemer te melden.
3. In geval van wanbetaling van de consument heeft de ondernemer behoudens wettelijke beperkingen, het recht om de vooraf aan de consument kenbaar gemaakte redelijke kosten in rekening te brengen.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint
in accordance with this complaints procedure.
2. Complaints about the execution of the agreement shall be fully and clearly described and submitted to the entrepreneur within two months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt.
date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall inform the consumer within the 14-day term.
If a complaint requires a foreseeable longer time to process, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer may expect a more detailed
the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the
dispute resolution procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to
complaints via the European ODR platform (http://ec.europa.eu/odr). The web shop is currently not
Webstore is currently not affiliated with a quality mark with an arbitration board.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur in writing otherwise
A complaint does not suspend the Entrepreneur’s obligations unless the Entrepreneur indicates otherwise in writing.
7. If the entrepreneur finds a complaint justified, he shall, at his own discretion, either replace or repair the
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at his discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
1. On agreements between the entrepreneur and the consumer to which these general conditions relate these general terms and conditions are subject to Dutch law only. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and
consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner.
accessible way by the consumer on a durable data carrier.