Terms & Conditions
1. Applicability of these terms and conditions
1.1 These terms and conditions shall apply to all quotations and deliveries made by Cardiac Music B.V. These terms and conditions shall apply to all business transactions that Cardiac Music B.V. concludes with its customers relating to sales, distribution and the provision of services.
1.2 In order to maintain the flexible character of our business relationships, Cardiac Music B.V. may alter these conditions every three months after written notice to you. These alterations shall not apply retrospectively. Alterations shall apply as from the commencement date that Cardiac Music B.V. states in its notice and shall only apply to new orders.
1.3. In all other cases, deviations from and/or additions to these terms and conditions shall only take effect after both parties have signed them.
Article: The goods to be delivered by Cardiac Music B.V.
Purchaser: The client from whom Cardiac Music B.V. accepts orders
Company: The record and/or video company that Cardiac Music B.V. represents and for which Cardiac Music B.V. sells and distributes.
Order: An instruction from the Purchaser to the Seller, which the Seller is not obliged to confirm.
Seller: Cardiac Music B.V., acting as the seller of the products it delivers with the approval of a specific company/companies.
3.1 All quotations are non-binding, unless expressly stated otherwise and shall be based in detail on any information provided at the time of request.
3.2 The Seller shall not be bound by general printed information that it has furnished without prior notice to the Purchaser.
3.3 The Seller shall not be bound by arrangements or agreements that subordinate members of staff make if these have not been confirmed in writing. All subordinate members of staff shall be regarded in this respect as employees without authority.
3.4 The party choosing a particular means of communication shall carry the risk in the event of misunderstandings, delays or a failure to properly convey instructions and statements during interaction between the Purchaser and the Seller caused by the use of post telephone, fax, e-mail or any other means of communication.
4. Transport and Risk
4.1 The Seller shall arrange the transport of the Articles and charge its own rates in this regard. These are available from the Seller upon request. The Purchaser may only collect Articles directly from the Seller’s warehouse if the Seller expressly consents thereto.
4.2 The Purchaser shall be liable for the cost of express consignments sent at its request.
4.3 The Seller shall carry the risk of the loss of Articles until the moment of delivery thereof to the carrier, even in the case of delivery carriage paid. The Purchaser shall assume the risk thereafter and be responsible for taking appropriate measures to protect the Articles against the risk of loss.
5. Time and place of delivery
5.1 The Seller shall deliver the Articles to the address furnished by the Purchaser. The delivery date stipulated by the Seller shall, to the extent it is applicable, only be indicative, is not binding and the Seller may change it within reasonable limits.
5.2 The Seller shall be entitled to charge the Purchaser for costs that arise from it declining goods that the Seller has sold and tendered to it, subject to a minimum of € 25.00 (twenty-five euro) for each returned consignment.
6 Prices and payment
6.1 The stated prices shall apply for deliveries from the shop, workshop or warehouse and are exclusive of VAT and transport costs, unless the parties agree otherwise.
6.2 The Seller may not make any price adjustments without prior notice. A price increase shall however not apply to you if the Seller can already make delivery of your order before the increase comes into effect.
6.3 Payment must take place no later than the due date provided to the Purchaser. The Purchaser shall be in default without the need for a formal notice of default if payment of outstanding amounts is not made by the due date. In the event of such default, the Seller shall charge the Purchaser arrears interest of 1% per month, for which purpose a portion of a month shall be calculated as a full month.
6.4 The Seller shall be entitled to cancel an agreed discount, with no prejudice to its other rights, if the Purchaser does not pay an invoice by the due date.
6.5 The Seller shall be entitled to charge the Purchaser a penalty of 25% of the total invoice amount plus all additional costs if it is forced to hand over an unpaid invoice for collection to a third party (e.g. a lawyer, bailiff or debt collection agency).
6.6 The Purchaser may never apply set-off. The Seller may allocate the Purchaser’s payment to its other outstanding invoices or those of its affiliated enterprises.
6.7. The Seller shall always be entitled to make delivery subject to cash payment, advance payment or the furnishing of security. The Purchaser shall be responsible for the related costs, e.g. C.O.D. costs. The Seller may regard the agreement as terminated, notwithstanding its right to compensation for expenses and loss of profits, if the Purchaser refuses to furnish the required security.
6.8 The Seller shall retain ownership over all items after delivery, as security for all claims that it may have against the Purchaser at any time, until the Purchaser has fully satisfied its obligations towards it. The Purchaser shall inform the Seller immediately about any attachments or other legal action that could affect the Seller’s reservation of ownership.
7.1 The Purchaser may cancel an order, unless the articles have been specially ordered for the Purchaser or the Purchaser and Seller have agreed special conditions. The Purchaser undertakes to always deliver returned Articles in the same condition it received them (including with intact packaging) to the Seller.
7.2 The Seller may cancel an order, without prior notice or the Purchaser being entitled to any compensation.
8.1. The Purchaser must submit complaints regarding defects, incorrectly delivered Articles and/or non-ordered Articles within 3 working days of receipt, using a returns advice form. After this period has elapsed, Cardiac Music BV shall no longer be obliged to respond to any request regarding matters described in Article 8.
8.2 The Seller must consider complaints regarding manufacturing faults if lodged within 90 (ninety) days of the date of purchase, using a returns advice form, and provided the product has not been removed from its catalogue.
8.3 Complaints relating to damage in transit must be submitted directly to the carrier.
8.4 The submission of a complaint does not suspend the Purchaser’s payment obligations.
8.5 All rights to lodge complaints shall lapse after the expiry of the periods stated in this Article.
The Seller shall not be liable in any case to compensate the Purchaser for any direct or indirect damage that it suffers, even if the Seller is aware of the prospect of such damage. This expressly includes compensation for delays in the delivery of Articles or trading losses, including operational breakdowns, damage due to lost profits, income or savings or other indirect or consequential damages.
Unless it stipulates otherwise, the Seller shall deliver Articles without guarantees of any nature. Manufacturers, developers, suppliers or publishers may however provide their own guarantees to the Purchaser. The guarantee shall always only apply to the first purchaser.
11.1 The Seller shall only be entitled, without prejudice to all its other rights, to declare all agreements concluded with the Purchaser as terminated by means of a written statement, without the need for any further notice of default or intervention by the Courts, if the Purchaser applies for a moratorium on the payment of its debts or is declared bankrupt.
11.2 Either party may terminate an agreement that is governed by these terms and conditions when it can be reasonably stated that the other party will not or will not properly comply with its obligations under the agreement in question. Such a termination shall only take effect after the defaulting party has been notified hereof in writing and given a reasonable time in which to comply with its obligations. The Seller shall be entitled to set further conditions in this written notice, such as additional demand and administration costs.
12.1 All quotations by the Seller and all agreements concluded between yourself and the Seller, including these terms and conditions, shall be governed by Dutch law. Disputes (including those that are only regarded as such by one of the parties) shall be exclusively brought before the Dutch court that holds jurisdiction in the matter.
12.2 If any provision of these terms and conditions is invalid, unlawful or unenforceable, the remaining provisions shall remain fully in force.
12.3 Agreements concluded under these terms and conditions shall not create any rights or have any consequences for third parties.
12.4 Obligations that endure by nature shall remain in force after the termination of an agreement governed by these terms and conditions and shall apply to parties’ successors-in-title.
12.5 Nothing contained in these terms and conditions shall affect mandatory and lawful statutory provisions, particularly those relating to consumer protection.
12.6 The Purchaser’s general terms and conditions as referred to in purchase order(s) or elsewhere shall not be applicable.
12.7 The Purchaser shall comply with all applicable import and export laws and regulations.
12.8 Any claim of one of the parties that arises from or is related to an agreement governed by these terms and conditions shall lapse if not instituted within two years of the cause thereof becoming reasonably known
Additional terms and conditions for digital downloads
1 REFUND POLICY
All Sales are final.
2 PAYMENT METHODS
Cardiac Music accepts the following credit cards: Visa and MasterCard. And offers various online payment methods based on the bill-to address.
3 BILLING & TAXES
Cardiac Music purchases will include sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. No customers are eligible for tax exemptions for purchases made on the Cardiac Music.
Cardiac Music endeavours to offer you competitive prices on current selections. Your total price will include the price of the product plus any applicable sales tax. Cardiac Music reserves the right to change prices for products offered on the Cardiac Music at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
5 CONTENT AVAILABILITY
Cardiac Music makes every effort to provide a broad content offering. For this reason, Cardiac Music reserves the right to change content options without notice.
6 FOR ASSISTANCE WITH ORDERS
For assistance with billing questions or other order inquiries, please refer to orders@Cardiac music.com. If you cannot find the answers you are seeking in our FAQ, you can send us an email. Responses to emails will be provided as soon as possible.
7 CONTENT USAGE RULES
Your use of any Products purchased from the Cardiac Music is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
Cardiac Music reserves the right to change the terms and conditions of sale at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications. All sales are governed by Dutch law.
No Cardiac Music B.V. employee or agent has the authority to vary any of the Cardiac Music’s policies or the terms and conditions governing any sale.