Terms and Conditions | www.accordion-doctor.com

Accordion Doctor – General Terms and Conditions

Adopted on 23 March 2020

General Terms and Conditions of Accordion Doctor, a partnership (vennootschap onder firma) with its address at Bolkruidstraat 1, 1313 KE in Almere, The Netherlands and registered with the Chamber of Commerce under number 76019985.

Definitions

In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.

General Terms and Conditions: The general terms and conditions as contained in this document.

Accordion Doctor: Accordion Doctor, a partnership (vennootschap onder firma) with its address at Bolkruidstraat 1, 1313 KE in Almere, The Netherlands and registered with the Chamber of Commerce under number 76019985.

Service: All work, of whatever form, that Accordion Doctor has carried out for or to the benefit of a Client, including but not limited to repairing, tuning and renting out accordions and any services ancillary thereto.

Goods: All goods that Accordion Doctor may provide to a Client, including but not limited to the selling of accordions, digital music sheets and any ancillary products.

Price: The financial reward for the performance of Accordion Doctor pursuant to an Agreement that has been made with the Client.

Client: Any person or business who entered into an Agreement with Accordion Doctor and has accepted the applicability thereto of these General Terms and Conditions.

Agreement: Any agreement entered into between Accordion Doctor and the Client for the provision of Services or the delivery of Goods.

Scope

These General Terms and Conditions apply to every offer and Agreement entered into between Accordion Doctor and the Client, unless agreed otherwise explicitly and in writing.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is excluded.

If one or more provisions of these General Terms and Conditions are found to be void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Accordion Doctor and the Client will consult each other to agree new provisions to replace the void or voided ones.

Deviations from the Agreement and the General Terms and Conditions are only valid if they are explicitly agreed with Accordion Doctor in writing.

If Accordion Doctor does not require strict compliance to these General Terms and Conditions, this will not mean that the provisions of the General Terms and Conditions will not apply, or that Accordion Doctor to any degree would lose the right in other cases to demand the strict compliance of these General Terms and Conditions.

Offers and Formation of an Agreement

Offers are only valid when made in writing (including in electronic form such as through e-mail or as stated on Accordion Doctor’s website).

All offers are non-binding, unless a period for acceptance is stated in the offer. If a period for acceptance is stated in the offer, the offer will lapse after this period has expired.

Offers do not automatically apply to future orders or reorders.

An Agreement is formed through the timely acceptance by the Client of Accordion Doctor’s offer. Both offer and acceptance can be made electronically, through e-mail or Accordion Doctor’s website.

Duration and termination of an Agreement

The Client and Accordion Doctor may enter into an Agreement for a limited period of time or indefinitely, as they agree on a case by case basis.

If a period is agreed or stated in an Agreement for a performance by Accordion Doctor, then this period is only indicative and is not to be regarded as a strict deadline or a guarantee made by Accordion Doctor.

Accordion Doctor and the Client may terminate an Agreement at any time by mutual consent.

In the event that one of the parties becomes bankrupt, is placed under conservatorship or ceases its business, the other party has the right to terminate the Agreement immediately.

Prices

All Prices are expressed in euros, inclusive of Dutch VAT and other applicable government levies, unless indicated otherwise.

All Prices are exclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.

If Accordion Doctor agrees a fixed Price when the Agreement is entered into, then Accordion Doctor is entitled to increase this Price should the offer made rely on false assumptions based on information provided by the Client.

If Accordion Doctor has the intention of amending the Price, it will inform the Client of this as soon as possible.

In the event that a Good or Service is listed at an incorrect Price due to a typographical error, Accordion Doctor shall have the right to refuse or cancel orders placed for the Product or Service listed at the incorrect price, regardless of whether the order has been confirmed.

Prices on Accordion Doctor’s website are monitored and updated regularly to try to ensure they are current. Should the price of an item a Client has ordered changed since the last update, Accordion Doctor will contact such Client before progressing your purchase.

Accordion Doctor reserve the right to change prices and specifications at any time without any notice being due unless a Client completed an order which is affected by a change.

Payment

Payment will take place by means of transfer to a bank account and following other payment instructions specified by Accordion Doctor, unless agreed otherwise.

Payment afterwards must be made within 30 days of the invoice date, in a manner to be specified by Accordion Doctor and in the currency in which the invoice is issued, unless agreed otherwise.

The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.

Accordion Doctor and the Client may agree that payment for certain Services and Goods be made in instalments in proportion with the progress of the Service or on a certain (e.g. monthly) periodical basis. If payment in instalments is agreed, the Client must make payments in accordance with the periods and percentages as established in the Agreement.

Any objections against an invoice do not have the effect of suspending the payment obligations.

In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Accordion Doctor and the obligations of the Client towards Accordion Doctor are immediately due.

Collection costs

If the Client is in default or in breach of the Agreement, all reasonable costs incurred to obtain an out-of-court settlement are payable by the Client. The Client is in any event liable to pay the debt collection costs.

In deviation of article 6:96 paragraph 5 of the Dutch Civil Code (Burgerlijk Wetboek) and the Extrajudicial Collection Costs Decree (Besluit Vergoeding voor Buitengerechtelijke Incassokosten), Accordion Doctor is entitled to a payment of 15% of the total outstanding principal sum, with a minimum of € 90,- for every invoice that is wholly or partly unpaid.

Suspension

If the Client does not meet an obligation arising from the Agreement or does not meet it in a timely and complete manner, then Accordion Doctor is entitled to suspend all of its obligations under the Agreement.

Moreover, Accordion Doctor is entitled to suspend the fulfilment of its obligations if:

after the Agreement is entered into, Accordion Doctor becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
the Client has not made any payments after being requested to do so;
the Client is requested, upon entering into the Agreement, to provide security for the fulfilment of its obligations arising from the Agreement, and this security is not provided or is insufficient;
circumstances arise of such a nature that fulfilment of the Agreement is impossible, or that the performance of its obligations under the Agreement cannot be reasonably required of Accordion Doctor.

Accordion Doctor reserves the right to claim compensation for any damages suffered.

Termination

If the Client does not fulfil an obligation arising from the Agreement or does not meet it in a complete or timely manner, then Accordion Doctor is entitled to terminate the Agreement with immediate effect, unless the shortcoming, in view of its limited significance, does not justify the termination.

Moreover, Accordion Doctor is entitled to terminate the Agreement with immediate effect if:

after the Agreement is entered into, Accordion Doctor becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
the Client is requested, on entering into the Agreement, to provide security for the fulfilment of its obligations arising from the Agreement, and this security is not provided or is insufficient;
due to a delay on the part of the Client, Accordion Doctor can no longer be required to fulfil the Agreement under the originally agreed conditions;
circumstances arise of such a nature that fulfilment of the Agreement is impossible, or that the unamended performance of the Agreement cannot be reasonably required of Accordion Doctor;
the Client is declared bankrupt, submits an application for a suspension of payment, requests the application of debt rescheduling for natural persons or is served with a writ of sequestration on all or part of its property;
the Client is placed under conservatorship;
the Client deceases.

If the Agreement is terminated, the Client’s debts to Accordion Doctor become immediately due and payable.

If Accordion Doctor terminates the Agreement on the above-mentioned grounds, Accordion Doctor is not liable for any costs or compensation.

If the termination is attributable to the Client, the Client is liable for the damage suffered by Accordion Doctor.

Force majeure

Breaches may not be attributed to Accordion Doctor or the Client if they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Agreement.

Circumstances regarded as resulting from a force majeure include lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials and machinery components as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Agreement by Accordion Doctor cannot be reasonably sought by the Client.

In case of force majeure the parties are not obliged to proceed with the Agreement and are not bound to pay any compensation for Services or Goods that have not been performed or sent.

Availability of Goods

The availability of Goods as reflected on Accordion Doctor’s website refers to the real availability at the time when the Client makes the order. Such availability must be however considered purely indicative because, as a result of the simultaneous presence of several users on the website, Good may be sold to other Clients before the order is confirmed. In addition, following the confirmation mail order sent by Accordion Doctor, events of partial or total failure of Goods can occur. In this case, the order will be amended automatically by removing the unavailable Good from the order and the customer will be informed by e-mail.

Rental Services

Accordion Doctor may rent out certain accordions pursuant to a rental Agreement. In such case Accordion Doctor may ask a Client to pay a deposit to which will be held by Accordion Doctor during the rental period. Accordion Doctor is entitled to offset (verrekenen) any amounts due to it by the Client with the deposit held by it.

Shipping

All Clients who order goods online from Accordion Doctor and who otherwise have goods shipped from or to Accordion Doctor to or from themselves, agree to bear all risks involved with the relevant shipment method chosen by the Client.

Accordion Doctor will not be held liable for any damages or losses occurred during shipment or transportation of the particular good.

Examination and Return policy

The Client is obliged to examine any goods received from Accordion Doctor immediately at the moment of its receipt but in any case, within 14 days after receipt. Where relevant, the Client must examine whether the quality of the Service offered meets what the parties agreed.

Defects and shortcomings have to be reported within 14 days of receipt. Accordion Doctor will inform Client thereafter regarding any applicable return procedures.

Any right to (partial) restitution of the price, repair, replacement or compensation lapses, if the defects will not be reported within the aforementioned period.

Client’s payment obligations will not be suspended if the Client reports the defect to Accordion Doctor within the prescribed period.

Special provisions for Clients being consumers (non-business Clients) residing in the European Union:

– Consumer Clients who bought goods from Accordion Doctor online (koop op afstand), are entitled to cancel (ontbinden) the Agreement and return such goods to Accordion Doctor without any reason and receive a full refund of the price paid for such goods if they notify (in writing, which includes e-mail) Accordion Doctor within 14 days of their receipt of such goods of their cancellation of the Agreement. After such notification, the consumer Client should return the relevant goods to Accordion Doctor immediately at their own costs and via similar shipping methods (including any related insurances) as they received the goods from Accordion Doctor.

When a Client returns a Good and such Good is in good condition, Accordion Doctor will refund the Client within 14 days of receipt of the returned Good.

– Excluded from the above mentioned cancellation right (herroepingsrecht) are the following goods sold by Accordion Doctor:

Digital music sheets;
Custom made accordions; and
Accordion reeds which have been unwrapped, unless the Client can prove that is has not been unwrapped.

Liability

Accordion Doctor can only be held liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Accordion Doctor. Direct damage should only be understood as material direct damage to a property (e.g. an accordion) of a Client.

Accordion Doctor shall not be held liable for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client.

Accordion Doctor shall not be held liable for damages of any nature resulting from Accordion Doctor basing its actions upon inaccurate and/or incomplete information provided by the Client.

If Accordion Doctor is held liable for any damage, then such liability shall be limited to the agreed invoice amount for the Service performed by Accordion Doctor that gave rise to such liability.

The Client must report the damage for which Accordion Doctor can be held liable to Accordion Doctor as soon as possible, but in any event within 10 days of receiving the allegedly damaged accordion or other good, in failure of which Accordion Doctor cannot be held liable.

Indemnity

The Client indemnifies Accordion Doctor against any claims by third parties who suffer damage in connection with any Services offered by it.

Privacy policy

Accordion Doctor has a privacy policy which is applicable to all of its Agreements. It is available as a separate document on its website www.accordion-doctor.com

Amendment of the General Terms and Conditions

Accordion Doctor is entitled to amend the General Terms and Conditions unilaterally to the extent such amendments are reasonable.

Amendments will also apply to existing Agreements.

Accordion Doctor will inform the Client by e-mail about any amendments.

The amendments to the General Terms and Conditions will be in force thirty days after the Client is informed of such amendments.

Should a Client disagree with the announced amendments, such Client and Accordion Doctor are both entitled to terminate the Agreement.

Other

These General Terms and Conditions apply to every offer and Agreement entered into between Accordion Doctor and the Client, unless agreed otherwise explicitly and in writing.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is excluded.

Deviations from the Agreement and the General Terms and Conditions are only valid if they are explicitly agreed with Accordion Doctor in writing.

If Accordion Doctor does not require strict compliance to these General terms and Conditions, this will not mean that the provisions of the General Terms and Conditions will not apply, or that Accordion Doctor to any degree would lose the right in other cases to demand the strict compliance of these General Terms and Conditions.

The applicability of the Vienna Sales Convention (CISG) is excluded.

In deviation of the statutory limitation period, a limitation period of one year applies to all claims against Accordion Doctor.

These General Terms and Conditions are filed at the Chamber of Commerce under number 76019985.

Governing law and Jurisdiction

Dutch law is exclusively applicable to all legal relationships to which Accordion Doctor is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands.

Disputes between Accordion Doctor and the Client will only be submitted to the competent court in the Netherlands, unless statutory laws of The Netherlands prescribe otherwise.