Terms and Conditions
ANDRÉ RIEU PRODUCTIONS B.V. WEBSHOP GENERAL TERMS AND CONDITIONS
1.1.These General Terms and Conditions apply to all offers made by André Rieu Productions B.V., established in Maastricht, registered with the Chamber of Commerce under number 14625884 (hereinafter to be referred to as: "ARP") to the Customer, and all agreements concluded between them, except for offers and agreements relating to admission tickets to any events organised by ARP as well as organised trips and day packages.
1.2.The André Rieu Productions B.V. Admission Tickets General Terms and Conditions apply to all offers and agreements relating to admission tickets to any events organised by ARP.
1.3.The André Rieu Travel General Terms and Conditions of Travel apply to all offers and agreements relating to any organised trips and day packages.
1.4."Customer" refers to any party accepting an offer made on the ARP website (www.andrerieu.com, hereinafter: "the website") and ordering/buying a product or service available in the ARP webshop.
1.5.ARP provides the Customer with a possibility to become a member of this website and related services by means of a Free of Gold Membership.
1.6.These Webshop General Terms and Conditions also apply to any agreement concluded between ARP and the Customer for the purpose of effecting such membership.
1.7.These General Terms and Conditions are made publicly available and can be found on the website. Upon request, we will send you a document containing the General Terms and Conditions by email.
1.8.By placing an order, the Customer acknowledges their agreement with these Webshop General Term and Conditions. ARP retains the right to amend these Webshop General Terms and Conditions.
1.9.The applicability of any Customer general terms and conditions is expressly dismissed.
2.1.Any offer is made free of obligations, unless the offer expressly states otherwise.
2.2.In the case of the Customer accepting an offer that is free of obligation, ARP retains the right to revoke or deviate from the offer within three working days following receipt of the notice of acceptance.
2.3.Promises made orally only commit ARP after such promises have been confirmed expressly in writing.
2.4.Offers made by ARP do not automatically apply to repeat orders.
2.5.The offer includes a full and detailed description of the product and/or service provided. The description is sufficiently detailed for the Customer to properly assess the offer.
2.6.All images, photos, drawings, etc. containing data on weights, measures, colours, etc. published on the ARP website provide only approximations, are indicative and may not give rise to any claim for damages or termination of the agreement.
2.7.Apparent errors or mistakes in the offer do not commit ARP.
2.8.Additions, changes and/or further agreements are only effective if concluded in writing.
3.1.Without prejudice to paragraph 2 of this clause, agreements between ARP and a Customer are concluded by the placing of an order and the confirmation of this order by ARP. The placing of an order is taken to mean the selecting of one or more products, the entering of customer details and the placing of a payment order. After ARP has assessed the order on its feasibility, the Customer will receive a confirmation of their order by email. By sending the order confirmation the order becomes final.
3.2.ARP retains the right, without stating reasons, to not accept orders or to only accept them on the condition that the order is sent subject to cash on delivery or following advance payment only.
4.1.An agreement concluding a "Free Member" membership becomes effective when a Customer has entered their personal details on the website and ARP has received these details. The "Free Member" membership is free of charge and will remain effective until the time of cancellation by the Customer.
4.2.An agreement concluding a "Gold Member" membership becomes effective when a Customer has entered their personal details on the website and has paid their membership fees, and both have been received by ARP.
4.3.No more than one membership can be registered for each email address, IP address or home address. A "Free Member" membership can be upgraded to a "Gold Member" membership on the website. A household may hold no more than one "Gold Member" membership. No such maximum amount of memberships held per household applies to "Free Member" memberships.
4.4.The Customer must select a user name and password when concluding the agreement. Such user names and passwords are assigned on the basis of availability. The user name and password, as well as the personal privileges related to holding a "Gold Member" membership, including pre-sale codes, are strictly personal and may not be shared with third parties. Customers are responsible for the confidential use of their user name and password and all activities performed by way of entering this user name and password, and commit themselves to such confidentiality.
4.5.ARP at all times retains the right to refuse or cancel a membership if the Customer violates any of the conditions of these General Terms of Conditions, or in case of a suspicion of misuse in any other manner. Refusal or cancellation of a "Gold Member" membership by ARP does not release the Customer from their membership fees payment obligation, nor may it lead to reimbursement of such fees. The account will be deactivated and/or deleted. All information connected to the account will be lost.
4.6.In addition, ARP retains the right to refuse granting a membership, or cancelling a membership, if:
the membership is used to buy pre-sale concert tickets with a view to selling them on to third parties, in contravention of the ARP Admission Tickets General Terms and Conditions;
the Customer is a concert ticket retailer or affiliated to a concert ticket retailer;
the Customer employs automated means to place ticket orders;
the Customer buys more than the maximum permitted number of concert tickets;
In addition, ARP retains the right to no longer supply a Customer holding a "Gold Member" membership with pre-sale codes.
5.1.No price increases will be effected for the products and/or services on offer for the term of validity of the offer, with the exception of price adjustments arising from statutory measures or in case of interim price increases made by the manufacturer.
5.2.All prices displayed in the webshop are subject to printing and typesetting errors. ARP does not accept any liability for any consequences arising from printing and typesetting errors.
5.3.All prices displayed in the webshop are in euros and are inclusive of all relevant taxes.
5.4.The price shown for the conclusion of a Gold Membership is an annual fee. The membership will not be automatically renewed upon expiry of its 12-month duration.
5.5.The product prices shown in the webshop are exclusive of any shipping costs. The applicable shipping costs are stated for each order and charged separately from the product price.
6.1.Delivery takes place while stocks last.
6.2.With due regard to the distance purchase regulations, ARP will have an order delivered with all due speed, but no later than within 30 days. If delivery is delayed, or if an order cannot be executed, or only executed in part, the Customer will receive notice thereof within one month of the order date. In that case, the Customer is entitled to terminate the agreement free of charge and without a default notice being required. If the product and/or service can no longer be delivered, ARP is entitled to terminate the agreement. In that case, the Customer is informed by email.
6.3.If an agreement is terminated within the meaning of the previous paragraph, ARP will repay the amount paid by the Customer as soon as possible, but in any case within 30 days of the termination.
6.4.The address provided by the Customer to ARP will be the place of delivery.
6.5.Unless explicitly agreed otherwise, ARP bears the risk of damage to and/or loss of the products until the time of delivery to the Customer.
6.6.ARP will have complied with its obligation to deliver once the items delivered by ARP have been offered to the Customer once, unless proof to the contrary is provided. In the case of delivery at a home address, the carrier's receipt, stating acceptance or non-acceptance of the shipment, will form sufficient proof of the offer for delivery.
6.7.All periods stated on the website are indicative only. No rights may be derived from any of the periods stated.
6.8.The "Gold Member" membership fees are non-refundable.
7.Retention of Title
7.1.ARP will retain title to all items sold and delivered and/or still to be delivered by ARP to the Customer as long as the Customer has not yet satisfied any of ARP's claims arising from the agreement or any previous similar agreements.
7.2.The title of all items sold and delivered and/or still to be delivered will only be transferred to the Customer once the Customer has paid the full purchase price.
7.3.Claims as referred to in the first paragraph are also taken to include claims relating to penalties, interest and costs as referred to in Section 3:92 of the Netherlands Civil Code.
8.Right of Withdrawal
8.1. In the case of a consumer sale (Section 7:5 of the Netherlands Civil Code), the Customer, in accordance with the statutory provisions on distance, is entitled to return (part of) the goods delivered within a period of fourteen working days following receipt thereof, without stating reasons. If the Customer has not returned the items delivered to ARP upon expiry of this period, the purchase is final.
8.2. If the Customer makes use of their right of withdrawal, they are obliged to inform ARP of the return delivery in writing, via email@example.com, within fourteen working days of the delivery. The Customer must submit evidence of the timely return of the items delivered by submitting proof of delivery. Items must always be returned by registered mail, in their original packaging, and all associated costs and risks are borne by the Customer. ARP therefore never accepts cash on delivery shipments.
8.3.Items must be returned as new and in their original packaging (including accessories and accompanying documentation). New in this context means: free of damage, complete and unused. If the items have been used, encumbered or in any other way damaged while in the care of the purchaser, the right of withdrawal as referred to in this clause lapses.
8.4.With due regard to all stipulations in the previous paragraphs, ARP ensures that the full purchase amount, including shipping costs, is refunded to the Customer within 30 days of receipt of the return delivery.
8.5.This right of withdrawal does not apply to CDs and DVDs and/or any other image or sound-recording medium the seal of which has been broken by the Customer.
8.6.Product return address:
André Rieu Productions BV
Attn.: Customer Service department
P.O. Box 1329
NL-6201 BH Maastricht
9.Conformity and Guarantee
9.1.ARP guarantees that the products and/or services comply with the provisions of the agreement, with the specifications detailed in the offer, with all reasonable requirements of reliability and/or usability, and with the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement. However, ARP will never be responsible for the final suitability of items for the individual use thereof by the Customer, nor for any recommendations on the use or application of the items.
9.2.ARP's guarantee period corresponds with the manufacturer's guarantee period.
9.3.The Customer is obliged to immediately inspect and check the delivered items upon receipt. Should it appear that the item delivered is incorrect, defective or incomplete, the Customer, before returning the item to ARP, must immediately, or in any case within seven working days, and in writing inform ARP of these defects by sending notice to firstname.lastname@example.org. This right of complaint and return of items lapses in its entirety if the item is used, damaged or sold on after it was found to be defective.
9.4.If ARP deems the complaint of the Customer to be founded, ARP will replace the items delivered at no extra cost. If the items cannot be replaced, or can only be replaced in part, ARP is entitled to terminate the agreement in accordance with Clause 6(2) and (3), in which case it will refund the purchase price to the Customer as soon as possible, but in any case within 30 days.
9.5.ARP is not liable for any damage caused by or arising from an incorrect, defective or incomplete delivered item.
9.6.This guarantee does not apply if:
a. and for as long as the Customer defaults on its obligations to ARP;
b. the Customer has personally repaired and/or modified the delivered items or had them repaired and/or modified by a third party;
c. the delivered items have been exposed to abnormal conditions or have been treated in any other way without due care or contrary to the instructions of ARP and/or the instructions on the packaging;
d. the defectiveness of the item is in part or in whole a consequence of regulations pertaining to the nature or quality of the materials used as imposed by the government.
10.1.ARP cannot be held liable if and insofar as it is unable to meet its obligations due to force majeure.
10.2.Force majeure is taken to imply any outside cause for the default, as well as any circumstance leading to the default, for which ARP cannot within reason bear the risk. Supplier delays or breach of contract, internet disruptions, server malfunctions, electricity failures, email communication failures, and failures and/or modifications to technology supplied by third parties, transport problems, strikes, government measures, delays in supply, negligence or omissions by suppliers or manufacturers of products offered by ARP or their agents, staff illness, and defective auxiliary materials and/or means of transport all expressly apply as force majeure.
10.3.ARP retains the right to suspend its obligations in a situation of force majeure, to terminate the agreement in whole or in part, or to demand that the agreement be amended to such an extent that implementation remains possible. In no circumstance will ARP be liable to pay any penalty or compensation.
10.4.If ARP, at the time the situation of force majeure commences, has already complied with part of its obligations, or will only be able to comply with part of its obligations, it is entitled to separately invoice the part already delivered and/or the part still available for delivery, in which case the purchaser is obliged to pay this invoice as if it concerned a separate agreement. This latter provision does not, however, apply if the part delivered or available for delivery has no value on its own.
11.1.ARP is not liable for any damage incurred, unless this damage results from wilful misconduct or gross negligence by ARP.
11.2.ARP is not liable for any damage incurred by the loss, theft or misuse of the user name and password belonging to a membership as referred to in Clause 4.
12.1.Should you have any questions, or encounter any problems, please contact the help desk via email@example.com
12.2.Complaints are subject to the provisions of Clause 9.3 and 9.4 of these General Terms and Conditions.
13.Applicable Law and Competent Court
13.1.Dutch law applies to these Webshop General Terms and Conditions and any agreement concluded between the Customer and ARP.
13.2.Any disputes arising from the agreement concluded between ARP and the Customer, or from any agreement based thereon, will be exclusively resolved by the competent court in Maastricht. ARP will at all times be entitled to designate another legally competent court.
13.3.In the case of any dispute between ARP and the Customer with respect to the translation and/or explanation of these General Terms and Conditions, the reading of the Dutch original will prevail.
Maastricht, November 2013
André Rieu Productions BV