Definitions

1. Brassband Rijnmond: Brassband Rijnmond established in Rotterdam under Chamber of Commerce no. 40341881
2. Customer: the person with whom Brassband Rijnmond has entered into an agreement.
3. Parties: Brassband Rijnmond and customer together.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, orders and agreements and deliveries of products by or on behalf of Brassband Rijnmond.
2. The parties can only deviate from these terms and conditions if they have agreed so clearly and in writing.
3. The parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Brassband Rijnmond are in euros and exclusive of any other costs such as administration costs and shipping costs, unless explicitly stated otherwise or otherwise agreed.

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Brassband Rijnmond.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83, paragraph 2 of the Dutch Civil Code.

Applicable law and competent court

1. Only Dutch law applies to every agreement between the parties.
2. The Dutch court in the district where Brassband Rijnmond is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Force of the majority

1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of Brassband Rijnmond in the fulfillment of any obligation with regard to the customer cannot be attributed to Brassband Rijnmond in a situation independent of Brassband Rijnmond's will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Brassband Rijnmond.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to – a state of emergency, non-performance and force majeure on the part of suppliers or deliverers.
3. If a force majeure situation occurs as a result of which Brassband Rijnmond cannot fulfill one or more obligations towards the customer, those obligations will be suspended until Brassband Rijnmond can fulfill them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Brassband Rijnmond does not owe any (damage) compensation in a force majeure situation, not even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement

1. If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Change of terms and conditions

1. Brassband Rijnmond is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Brassband Rijnmond will discuss major substantive changes with the customer in advance as much as possible.
4. The customer is entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Liability Brass Band Rijnmond

1. Brassband Rijnmond is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If Brassband Rijnmond is liable for any damage, it is only liable for direct damage arising from or related to the execution of the agreement.
3. Brassband Rijnmond is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. All images, photos, colours, drawings and descriptions on the website are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

1. Any right of the customer to compensation from Brassband Rijnmond expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to dissolve the agreement if Brassband Rijnmond fails imputably in the fulfillment of its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. Is the fulfillment of the obligations by Brassband Rijnmond not permanent or temporary? If it seems impossible, dissolution can only take place after Brassband Rijnmond is in default.
3. Brassband Rijnmond has the right to dissolve the agreement with the customer if the customer does not fulfill its obligations under the agreement in full or on time, or if Brassband Rijnmond has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.

Disclaimer

1. The customer indemnifies Brassband Rijnmond against all claims by a third party related to the products and/or services supplied by Brassband Rijnmond.

Complaints

1. The customer must inspect a product delivered by Brassband Rijnmond as soon as possible for any shortcomings.
2. A delivered product does not comply with what the customer could reasonably expect from the agreement, then the customer must inform Brassband Rijnmond of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. The customer provides as detailed a description as possible of the shortcoming, so that Brassband Rijnmond is able to respond adequately.
4. The customer must demonstrate that the complaint relates to the agreement between the parties.

Notice of default

1. The customer must notify Brassband Rijnmond of the notice of default in writing.
2. It is the customer's responsibility that a notice of default actually reaches Brassband Rijnmond (on time).

Packing and Shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the delivery person make a note of this before receiving the product, failing which Brassband Rijnmond cannot be held liable for any damage. .

Guarantee

1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, or if the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the production that is the subject of an agreement between the parties passes to the customer at the moment when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

Exchange

1. Exchanging purchased items is only possible if the following conditions are met:
   1. Exchange takes place 14 days after purchase against presentation of the original invoice
   2. The product will be returned in its original packaging
   3. The product has not been used
2. Discounted items cannot be exchanged.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place by Brassband Rijnmond, unless the parties have agreed otherwise.
3. Delivery of ordered products takes place at the address given by the customer.
4. If the agreed amounts are not paid or are not paid on time, Brassband Rijnmond has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is default by creditors, with the result that the customer cannot object to Brassband Rijnmond for a late delivery.

Delivery time

1. The delivery times stated by Brassband Rijnmond are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has completed the ordering process and has received confirmation of this from Brassband Rijnmond.
3. Transfer of the specified delivery time does not entitle the customer to compensation, nor to the right to dissolve the agreement, unless Brassband Rijnmond cannot deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.

Actual delivery

1. The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Postage costs

1. Shipping costs are for the account of the customer, unless the parties have agreed otherwise.

Retention of title

1. Brassband Rijnmond remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to Brassband Rijnmond on the basis of any agreement concluded with Brassband Rijnmond, including claims regarding shortcomings in the performance
2. Until that time, Brassband Rijnmond can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, alienate or otherwise encumber the products.
4. If Brassband Rijnmond invokes its retention of title, the agreement will be deemed dissolved and Brassband Rijnmond has the right to claim compensation, lost profit and interest.

Term of payment

1. The customer must have made the payment in advance.
2. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Brassband Rijnmond having to send the customer a demand or notice of default.
3. Brassband Rijnmond reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the products.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Brassband Rijnmond is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of the one month before whole month is counted.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Brassband Rijnmond.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Brassband Rijnmond may suspend its obligations until the customer has fulfilled its payment obligations.
5. If the customer refuses to cooperate in the execution of the agreement by Brassband Rijnmond, he is still obliged to pay the agreed price to Brassband Rijnmond.

Prepared on April 28, 2022 in Woudrichem