Terms of service
**Terms and Conditions arendgerds.net (Concise Overview)**
### Article 4 - The Offer
**Article 11 – Additional Provisions**
*Full overview follows below*
**Order Delivery**
Digital versions of compositions are available for immediate download. The download link will appear after checkout and will also be sent to you via email. You will receive the score and all parts as separate PDF files, each marked with a unique watermark. Printed sets will be shipped within three business days.
**Payment Options**
- Ideal and other international variants
- Credit card
- PayPal
(via Shopify payments)
**Cooling-Off Period / Right of Withdrawal**
Digital goods do not have a right of withdrawal because they are not delivered on a physical medium. The consumer is informed of this in advance and, by placing an order for digital goods, waives the right of withdrawal.
For printed sets, the right of withdrawal can be exercised within 14 days. If you wish to return an item, please contact us via the contact form or at info@arendgerds.net.
**Additional**
1. A unique license code is generated for each order/composition, granting the consumer permission to use the composition.
2. The ordered digital sheet music is watermarked in multiple ways.
3. Copying, reproducing, or distributing compositions purchased from arendgerds.net in any way is not permitted. All products on arendgerds.net are protected by copyright and are registered with BUMA STEMRA and FEMU.
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**Complete Overview of General Terms and Conditions of arendgerds.net**
**Contents**:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Exclusion of Right of Withdrawal
Article 7 - The Price
Article 8 - Conformity and Guarantee
Article 9 - Delivery and Execution
Article 10 - Payment
Article 11 - Additional Provisions
**Article 1 - Definitions**
In these terms and conditions, the following definitions apply:
1. Consumer: the natural person not acting in the exercise of a profession or business and entering into a distance contract with the entrepreneur;
2. Day: calendar day;
3. Duration Transaction: a distance contract relating to a series of products and/or services, with the supply and/or purchase obligation spread over time;
4. Durable Data Carrier: any means that allows the consumer or entrepreneur to store information addressed personally to him in a way that enables future consultation and unaltered reproduction of the stored information.
5. Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
6. Entrepreneur: the natural or legal person offering products and/or services to consumers from a distance;
7. Distance Contract: a contract where, within the framework of a system organized by the entrepreneur for the sale of products and/or services from a distance, only one or more techniques for distance communication are used up to and including the conclusion of the contract;
8. Technique for Distance Communication: means that can be used for the conclusion of a contract, without the consumer and entrepreneur being together in the same space at the same time.
9. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
**Article 2 - Identity of the Entrepreneur**
Arend Gerds
Egmondlaan 6
9861 DC Grootegast
06 8185 6021
KVK: 51089300
VAT No: NL002295848B90
**Article 3 - Applicability**
1. These general terms and conditions apply to every offer from the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier before the contract is concluded.
4. If specific product or service conditions apply in addition to these general terms and conditions, the consumer can rely on the provision that is most favorable to them in case of conflicting conditions.
5. If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms will otherwise remain in force, and the relevant provision will be replaced by one that comes as close as possible to the original intent.
6. Situations not covered by these terms should be assessed according to the spirit of these terms.
7. Uncertainties about the interpretation or content of one or more provisions of these terms should be interpreted according to the spirit of these terms.
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust 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 proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be grounds for claiming compensation or dissolution of the agreement.
5. Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
6. Every offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:
- the price including taxes;
- any shipping costs;
- the method of forming the agreement and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the cost of using the communication technology is calculated on a basis other than the regular base rate for the communication method used;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- the way in which the consumer, before concluding the agreement, can check the information provided and correct it if necessary;
- any other languages in which the agreement can be concluded in addition to Dutch;
- the codes of conduct to which the entrepreneur is subject and how the consumer can electronically consult these codes; and
- the minimum duration of the remote agreement in the case of a long-term transaction.
### Article 5 - The Agreement
1. The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until this receipt of acceptance has been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur is entitled, within the legal framework, to investigate whether the consumer can meet their payment obligations, as well as all relevant facts and factors that are important for responsibly entering into a remote agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse a request or attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information in writing, or in such a way that it can be stored by the consumer on a durable medium, at the time of delivery of the product or service:
a. the address of the establishment where the consumer can address complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information regarding guarantees and existing post-purchase services;
d. the information mentioned in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
1. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
2. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
### Article 6 - Right of Withdrawal
1. The entrepreneur excludes the right of withdrawal for digital goods because the offer:
- cannot be returned due to its nature;
- the delivery began with the consumer's explicit consent before the cooling-off period expired;
The entrepreneur informs the consumer about the exclusion of the right of withdrawal before placing an order.
2. When purchasing printed sets, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the product is received by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
3. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they must return the product with all accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
4. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product, via the contact form on www.arendgerds.net or info@arendgerds.net. After the consumer has expressed the desire to exercise their right of withdrawal, they must return the product within 14 days after receiving instructions from the entrepreneur. The consumer must prove that the returned items were sent in time, for example through a proof of shipment.
5. If the customer has not communicated their intention to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is final.
In the case of services:
6. In the case of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day the agreement was entered into.
7. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
### Article 7 - The Price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not increase, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This binding to fluctuations and the fact that any stated prices are indicative will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect.
1. The prices mentioned in the offer of products or services include VAT.
2. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
3. Oral promises bind Arendgerds.net only after they have been expressly confirmed in writing.
4. Offers from Arendgerds.net do not automatically apply to repeat orders.
5. Supplements, changes, and/or further agreements are only valid if agreed upon in writing.
### Article 8 - Conformity and Guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement and the specifications mentioned in the offer.
### Article 9 - Delivery and Execution
1. The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing applications for the provision of services.
2. The place of delivery is the email address provided by the consumer to arendgerds.net.
3. Subject to the provisions in paragraph 4 of this article, the company will send accepted orders digitally in a very short time.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur unless otherwise expressly agreed.
### Article 10 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid directly via the online payment options.
2. The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
1. Copying, reproducing, and distributing compositions purchased by the consumer from arendgerds.net in any way is not permitted. All products on arendgerds.net are protected by copyright (BUMA/STEMRA/FEMU). For each order/composition, a unique license code is generated for the consumer, granting the respective consumer permission to use the composition.
2. The entrepreneur is not liable if and insofar as her obligations cannot be fulfilled due to force majeure. Force majeure is defined as any external cause, as well as any circumstance that should not reasonably be at her risk. Delays or failure by our suppliers, disruptions in the internet, electricity outages, email disruptions, and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Arendgerds.net, as well as assistants, illness of staff, defects in auxiliary or transport equipment are expressly considered force majeure.
3. In the case of force majeure, the entrepreneur reserves the right to suspend her obligations and is also entitled to partially or fully dissolve the agreement, or to demand that the content of the agreement be changed in such a way that execution remains possible. In no event is Arendgerds.net obliged to pay any penalty or compensation.
4. If you place an order with Arendgerds.net, your details will be recorded in the customer database of Arendgerds.net. Arendgerds.net complies with the Personal Data Protection Act and will not provide your information to third parties. See our Privacy Policy.
5. The entrepreneur sometimes uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.