LINGSMA

Electric Upright Bass

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General Terms and Conditions - Lingsma EUB

Company name: Lingsma

www.lingsma.eu
Nieuwstr 83
5341GV Oss
Nederland
T: (+31) (0)412 647949
KvK /Chamber of Commerce: 17281102
BTW ID /VAT ID: NL150236025B01

Unless agreed otherwise, these general terms and conditions apply to all agreements with Lingsma, established in Oss, The Netherlands. Lingsma rejects any terms and conditions of the customer, unless explicitly agreed otherwise.
In the event of disputes concerning the interpretation of these general terms and conditions, the Dutch text (algemene voorwaarden) shall take precedence.


1. General provisions

  1. All agreements with Lingsma, including the interpretation and performance thereof, are subject to Dutch law.
  2. If any of one of the clauses of these general terms and conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application of the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause.
  3. These general terms and conditions are governed exclusively by Dutch law. All litigation or disputes between the parties shall be brought only before the competent court in The Netherlands.



2. The offer

  1. Any offer made by Lingsma is without engagement unless explicitly indicated otherwise. The offer is valid for a period of seven (7) days, unless indicated otherwise. Offers are based on the information as provided by the customer and Lingsma may rely on the correctness thereof.
  2. When during the offer period of seven days the offered is sold to another party, then the (potential) customer can no longer claim the offer made.
  3. Personal data as provided by the customer in an order or request will be stored in Lingsma client database for administrational purposes. Lingsma does not use personal information for marketing, unless in case of placement on a waiting list (see clause 2.5). Lingsma does not give, rent or sell personal information to third parties.
  4. If an instrument in the color desired by the (potential) customer is out of stock, the (potential) customer can choose to be placed on a waiting list. Note: This is not an order! As soon as an instrument in the color desired by the (potential) customer is available for sale, and the (potential) customer ranks first on the (chronological) waiting list, the (potential) customer will be notified and may use the privilege of priority. The (potential) customer has no obligation to order. If the (potential) customer with granted priority does not use the privilege of priority within the term as stated in the specific offer, the privilege of priority expires. Lingsma has no obligation to present an offer within a certain time limit.
  5. By agreeing to be placed on a waiting list as mentioned in article 2.4, the (potential) customer agrees to targeted marketing, consisting of an offer of an instrument in the color as indicated to be desired by the (potential) customer, as soon as it is available for sale.



3. The Agreement

  1. Agreements are concluded by the acceptance by Lingsma of an electronic, oral or written order placed by the customer. The customer accepts these terms and conditions by placing its order. An order is deemed to be accepted by Lingsma if and when the customer has not rejected the order within fourteen days as of receipt of the order.
  2. If the customer has accepted the offer electronically (e.g. email), Lingsma confirms the acceptance of the offer electronically. As long as Lingsma has not confirmed the acceptance of the offer, the customer may cancel the order.



4. Right of Withdrawal

  1. In case of distance selling, the customer has the right to cancel a buying contract of a product within a “cooling-off period” of 14 days, the ‘right of withdrawal’. Lingsma may ask for a reason for cancellation of the order, but the client is not obliged to motivate the decision to cancel.
  2. The cooling-off period of 14 days as mentioned in clause 4.1 starts the day after the customer, or a third party appointed by the customer beforehand, who is not the carrier, has received the product.
  3. During the cooling-off period as mentioned in clause 4.1 the customer will handle the product and packaging with care. The product may only be unpacked to a degree that is needed to inspect the properties and quality of the product. The objective is the customer may only inspect and handle the product as the customer would in a shop.
  4. If, in case of distance selling, the customer uses the right to cancel a buying contract of a product within a cooling-off period of 14 days, the customer informs Lingsma before the end of the cooling-off period.
  5. The customer has respected the cooling-off period when the product is sent back before the cooling-off period has expired.
  6. The customer returns all products as instructed by Lingsma
  7. The risk and burden of proof for correctly following 4.3 4.4 4.5 4.6 lies with the customer
  8. The customer is responsible for the costs of return of the product. If the customer has opted for a more expensive method of return delivery than the cheapest standard method, the additional costs are for the customer.
  9. Lingsma returns all payments of the customer, including costs charged by Lingsma for delivery of the product (Lingsma will not pay for the return delivery, see 4.8), within 14 days after the product is received by Lingsma.

NOTE: For a standard form to inform Lingsma of a cancellation, see the attachment at the bottom of these general terms and conditions



5. Delivery

  1. The Product will be delivered to the address indicated. The delivery-time given to the customer by Lingsma may vary depending on the country involved. In case delivery is made and nobody is at the indicated address to accept delivery, the carrier shall leave a note indicating that it was unsuccessful in making the delivery and that the customer should come to recover the product at a location specified by the carrier.
  2. Lingsma will only use insured shipment to deliver.
  3. The transfer of risk of the product takes place the moment Lingsma has handed-over the product to the carrier.
  4. Lingsma will not, for any reason, be held liable for any deterioration in the product due to a customer’s failure to collect the product in a timely manner.
  5. The customer undertakes to pay the stated price for the delivery (price of the products plus transport), as well as to pay, or have paid, directly to the carrier any additional amount that might arise due to custom duties, value added tax or other taxes due upon import into the country where the products are delivered. The customer may be subject to import duties and taxes, which are levied once the package reaches the customer’s destination. Lingsma has no control over those charges and cannot predict what they may be. Possible additional charges for customs clearance, therefore, must be borne by the customer. Customs policies vary widely from country to country. The customer carries responsibility for the awareness of those potential extra charges and all information regarding customs policies. Additionally, when ordering, the customer is considered the importer and must comply with all laws and regulations of the country in which the goods are received.



6. Payment

  1. Unless agreed otherwise in writing, any payments of invoices shall be made without any deductions, in the way and in the currency as indicated on the invoice.
  2. In case of untimely payment, the customer will be in default de jure.
  3. In case of untimely payment, Lingsma will be entitled to compensation of extrajudicial collection costs fixed at 15% of the principal amount with a minimum of Euro 25 (including VAT), without prejudice to the consequences of default pursuant to the Netherlands Civil Code.
  4. Any payments made by the customer shall firstly serve to settle any accrued interest and costs and secondly to settle the longest outstanding invoice, even if the customer should indicate otherwise.
  5. The customer is not entitled to set-off any payment due with any claim on Lingsma.
  6. Lingsma reserves the right to require payment in advance of at least 50% of the total sum
  7. Lingsma reserves the right to require security for a payment and is entitled to suspend performance of any of its obligations until the required security has been provided.
  8. The customer is responsible for the costs of payment. If the customer has opted for a more expensive method of payment (e.g. Paypal) than the cheapest standard method, the additional costs are for the customer.
  9. Lingsma retains the ownership of any goods delivered to the customers until all fees and costs have been fully paid, including the costs mentioned in clause 6.3.



7. Warranty:

  1. If under normal use, normal load, normal temperature, normal humidity, normal maintainace- a part of the instrument fails, the customer may contact Lingsma. Although Lingsma will judge every case individually, the intention is Lingsma will offer a replacement part free of charge* or otherwise do everything within reason to come to a solution that is satisfactory for the customer. Naturally this does not apply to parts with a limited ‘lifespan’ like batteries or strings, nor to normal aging and wear (think lacquer scratches, gas spring pressure**).
  2. If the customer changes strings to a heavier gauge than the instrument was designed for, or makes other changes to the product, the risk is for the customer and the warranty does not apply anymore. The warranty also comes to an end when Lingsma retires or ends his business otherwise.
  3. The warranty on electronics is 5 years

*) this only applies when the customer sends the broken part back to Lingsma, where a part to be replaced is kept by Lingsma (the customer gets a new part free of charge, on the condition the broken part is returned).
**) the gas spring is comparable to that of a tailgate of a car, possibly you never need to refill it.

NOTE: If the gass spring in the aluminum telescopic tube of the bass stand is stored for a period of more than 3 weeks, it must be stored upright, to prevent drying out of the piston mechanism inside the spring.


8. Force Majeure

  1. Neither Lingsma nor the customer will be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not limited to the following: interruption/failure of the internet, war, riot, insurrection, interruption of transport systems, problems relating to export and import, strikes, lock-out, shortage of products, fire, earthquakes, storms or floods.





Attachment: Form for withdrawal

WARNING: only send this if you want to withdraw from the agreement

If in writing, send the form to:
Lingsma
Nieuwstraat 83
5341GV Oss
Nederland

If per email, send it to:

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Hereby I inform you, that I want to withdraw our agreement concerning the purchase of the following product(s):

[specify product]: ……………………………………………………………………………………………………………

date ordered: ……………………………………………………………………………………………………………………

date received: …………………………………………………………………………………………………………………

Name customer: ……………………………………………………………………………………………………………

Address customer: …………………………………………………………………………………………………………



[signature customer] (only when this is sent on paper):



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