ANDRÉ RIEU PRODUCTIONS B.V.
FANSHOP GENERAL TERMS AND CONDITIONS
1.General
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.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.
1.6.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.
1.7.The applicability of any Customer general terms and conditions is expressly dismissed.
2.Offers
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.
2.9.When paying by credit card, the payment is directly debited from the customer’s account.
3.Agreement
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.Price
4.1.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.
4.2.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.
4.3.All prices displayed in the webshop are in euros and are inclusive of all relevant taxes.
4.4.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.
5.Delivery
5.1.Delivery takes place while stocks last.
5.2.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.
5.3.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.
5.4.The address provided by the Customer to ARP will be the place of delivery.
5.5.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.
5.6.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.
5.7.All periods stated on the website are indicative only. No rights may be derived from any of the periods stated.
6.Retention of Title
6.1.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.
6.2.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.
6.3.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.
7.Right of Withdrawal
7.1. 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.
7.2. If the Customer makes use of their right of withdrawal, they are
obliged to inform ARP of the return delivery in writing, via
customerservice@andrerieu.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.
7.3.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.
7.4.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.
7.5.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.
7.6.Product return address:
André Rieu Productions BV
Attn.: Customer Service department
P.O. Box 1329
NL-6201 BH Maastricht
The Netherlands
8.Conformity and Guarantee
8.1.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.
8.2.ARP’s guarantee period corresponds with the manufacturer’s guarantee period.
8.3.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
customerservice@andrerieu.com. 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.
8.4.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 5(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.
8.5.ARP is not liable for any damage caused by or arising from an incorrect, defective or incomplete delivered item.
8.6.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.
9.Force Majeure
9.1.ARP cannot be held liable if and insofar as it is unable to meet its obligations due to force majeure.
9.2.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.
9.3.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.
9.4.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.
10.Liability
ARP is not liable for any damage incurred, unless this damage results from wilful misconduct or gross negligence by ARP.
11.Complaints
11.1.Should you have any questions, or encounter any problems, please contact the help desk via customerservice@andrerieu.com
11.2.Complaints are subject to the provisions of Clause 8.3 and 8.4 of these General Terms and Conditions.
12.Applicable Law and Competent Court
12.1.Dutch law applies to these Webshop General Terms and Conditions and any agreement concluded between the Customer and ARP.
12.2.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.
12.3.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, Oktober 2018
A.L.M.N. Rieu
André Rieu Productions BV