GENERAL TERMS AND CONDITIONS WEBSHOP

 

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the Foundation

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Consumer’s Obligations During the Cooling-off Period

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

Article 9 – Obligations of the Foundation in Case of Withdrawal

Article 10 – Exclusion of the Right of Withdrawal

Article 11 – The Price

Article 12 – Delivery and Execution

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

 

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these items, digital content and/or services are delivered by the foundation or by a third party based on an arrangement between that third party and the foundation;

Cooling-off period: the period within which the consumer may exercise his right of withdrawal;

Consumer: the natural person who is not acting for purposes related to his commercial, trade, craft or professional activity;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;

Durable data carrier: any means – including e-mail – that enables the consumer or foundation to store information addressed personally to him in a way that facilitates future consultation or use during a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;

Foundation: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Distance agreement: an agreement concluded between the foundation and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or additional use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and foundation being simultaneously in the same room.

 

Article 2 – Identity of the Foundation

Name: Stichting Sufi Trail friends Rumi and Khorosan saints

Address: Hagestraat 10, 2011 CV Haarlem

Telephone number: 06-44044790 (during office hours)

General email address: sufitrail@gmail.com

Webshop email address: sufitrail@gmail.com

Chamber of Commerce number: 707 24 776

VAT number: NL858435007B01

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the foundation and to every distance agreement concluded between the foundation and the consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the foundation will indicate, before the distance agreement is concluded, how the general terms and conditions can be viewed at the foundation and that they will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer may, in the event of conflicting conditions, always invoke the applicable provision that is most favorable to him.

 

Article 4 – The Offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the foundation uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the foundation.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
  4. The foundation’s offer consists of reservations for various performances organized by the foundation and also relates to the media offered by the foundation.
  5. Reservations are for concerts, dance, performances, workshops, healings, et cetera.
  6. The media are offered in the form of CDs, DVDs, or as a stream.

 

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
  2. If the consumer has accepted the offer electronically, the foundation will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the foundation, the consumer may dissolve the agreement or reservation.
  3. If the agreement is concluded electronically, the foundation 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 foundation will observe appropriate security measures.
  4. The foundation will, at the latest upon delivery of the product, service or digital content to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  5. the visiting address of the foundation’s establishment where the consumer can go with complaints;
  6. the information about guarantees and existing after-sales service;
  7. the price including all taxes of the product, service or digital content; if applicable, the delivery costs; and the method of payment, delivery or execution of the distance agreement;
  8. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;

 

Article 6 – Right of Withdrawal

For products:

  1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 4 days without giving reasons. The foundation may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The foundation may, provided it has informed the consumer clearly about this prior to the ordering process, refuse an order of multiple products with different delivery times.
  4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

 

Article 7 – Consumer’s Obligations During the Cooling-off Period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the foundation has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  1. If the consumer makes use of his right of withdrawal, he shall report this to the foundation within the cooling-off period by means of an unambiguous statement, such as email, letter or telephone contact.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (a representative of) the foundation. This is not necessary if the foundation has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the foundation.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the foundation has not stated that the consumer must bear these costs or if the foundation indicates that it will bear the costs itself, the consumer does not have to bear the costs of return.
  6. If the consumer withdraws after having expressly requested that the performance of the service or the delivery of gas, water or electricity not made ready for sale in a limited volume or specified quantity commence during the cooling-off period, the consumer owes the foundation an amount proportional to that part of the obligation already performed by the foundation at the time of withdrawal, compared to the full performance of the obligation.
  7. The consumer does not bear any costs for the performance of services or the delivery of water, gas or electricity, not made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
  8. the foundation has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form; or
  9. the consumer has not expressly requested the commencement of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
  10. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a material medium, if:
  11. prior to its delivery, he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
  12. he has not acknowledged losing his right of withdrawal when granting his consent; or
  13. the foundation has failed to confirm this statement from the consumer.
  14. If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

 

Article 9 – Obligations of the Foundation in Case of Withdrawal

  1. If the foundation makes it possible for the consumer to notify withdrawal electronically, it shall send an acknowledgement of receipt immediately after receiving this notification.
  2. The foundation will reimburse all payments from the consumer, including any delivery charges charged by the foundation for the returned product, immediately but within 14 days following the day on which the consumer notifies the withdrawal. Unless the foundation offers to collect the product itself, it may wait with refunding until it has received the product or until the consumer demonstrates that he has returned the product, whichever date comes first.
  3. The foundation uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the foundation does not have to reimburse the additional costs for the more expensive method.

 

Article 10 – Exclusion of the Right of Withdrawal

The foundation may exclude the following products and services from the right of withdrawal, but only if the foundation has clearly stated this in the offer, or at least in good time before concluding the agreement:

*   Products or services whose price is subject to fluctuations in the financial market over which the foundation has no influence and which may occur within the withdrawal period;

*   Products made according to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

*   Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

*   The delivery of digital content other than on a material medium, but only if:

  1. the performance has begun with the express prior consent of the consumer; and
  2. the consumer has declared that he thereby loses his right of withdrawal.

 

Article 11 – The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the foundation may offer products or services whose prices are subject to fluctuations in the financial market over which the foundation has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the foundation has stipulated this and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services are inclusive of VAT.

 

Article 12 – Delivery and Execution

  1. The foundation will exercise the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the foundation.
  3. Subject to what is stated in Article 4 of these general terms and conditions, the foundation will execute accepted orders promptly but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any possible compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the foundation will immediately refund the amount the consumer has paid.
  5. The risk of damage and/or loss of products rests with the foundation until the moment of delivery to the consumer or a representative designated in advance and made known to the foundation, unless expressly agreed otherwise.

 

Article 13 – Payment

  1. Unless otherwise provided in the agreement or supplementary conditions, the amounts owed by the consumer must be paid via electronic payment through iDeal.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the foundation without delay.
  3. For concerts and the like, it is also possible to pay at the box office, and then these conditions, as stated here, are not necessary.

 

Article 14 – Complaints Procedure

a: General

  1. The foundation has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the foundation fully and clearly described, within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the foundation will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the foundation will respond within the 14-day period with an acknowledgement of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after filing the complaint, a dispute arises that is subject to the disputes procedure.

 

b: In case of defective media products or stream errors

  1. In case of a defect in the media products, replacement is at the foundation’s expense if:
  2. 1. For media products, the medium must be returned in sealed form.
  3. This is due to the copyrights on that media of the performing artists.
  4. 2. In case of damage during delivery or shipping, the consumer indicates that he wishes to return this product because it is unusable due to physical or technical damage.
  5. It is then recommended to return both the defective product and the damaged packaging so that the foundation can determine whether the product actually needs to be replaced.
  6. The costs of return shipping are borne by the consumer, after which a replacement product will be sent at the foundation’s expense.
  7. 3. In case of streaming errors, the foundation is not responsible for this malfunction because it may be caused by:
  8. a. A poor internet connection of the consumer.
  9. b. A server error at the web hosting provider.

 

c: Cancellation of reservation due to inability to attend

  1. In the event of being unable to attend a previously reserved performance of the foundation, the consumer must take into account the reason for inability:
  2. It may be that the consumer decides not to attend an activity of the foundation.
  3. Cancellation without giving a reason is possible up to 2 days before the day of the activity.
  4. Beyond this period, there can be no question of a refund.
  5. Inability due to external circumstances.
  6. It is possible for the consumer to claim a refund based on goodwill from the foundation’s side outside the period set by the foundation.
  7. The consumer must then state the reason for inability via letter or electronic mail.
  8. Cases of inability due to weather conditions, delays due to traffic jams or public transport are excluded.
  9. In the cases mentioned in Article 14 paragraph c1 and paragraph c2, the foundation will refund the costs paid by the consumer to the consumer’s bank account number used for that reservation via iDeal.

 

Article 15 – Disputes

  1. Agreements between the foundation and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

 

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.