Article 1 – Identity of the entrepreneur
Article 5 – Right of withdrawal
Article 7 – Warranty and Conformity
Article 8 – Images and specifications
Article 10 – Delivery and execution
Article 14 – Complaints procedure
Article 1 – Identity of the entrepreneur
Silent Disco Delft
Website: silentdiscodelft.com
Email address: info@silentdiscodelft.com
Chamber of Commerce number: 72481986
VAT identification number: NL002241702B76
IBAN: NL36 KNAB 0501 3407 50
Address
Rotterdamseweg 370 A10
2629HG Delft, Netherlands
Company description: Rental of Silent Disco equipment.
Article 2 – Definitions
2.1 Silent Disco Delft: the natural or legal person who offers equipment for rental to consumers, institutions and companies.
2.2 Consumers: natural persons who do not act in the exercise of a profession or business and who enter into an agreement with Silent Disco Delft.
2.3 Companies: organizational groups aimed at sustainable participation in economic activity with the help of labor and capital and with the aim of making a profit in the exercise of a profession or business and which enter into an agreement with Silent Disco Delft.
2.4 Institutions: formally structured organizations that aim to carry out non-profit activities or to promote certain matters or projects and that enter into an agreement with Silent Disco Delft.
2.5 Agreement: an agreement in the context of a system organized by Silent Disco Delft for the delivery and rental of equipment.
2.6 Material: Headphones, transmitters and cables that are rented by Silent Disco Delft for a silent disco organized by consumers, institutions and companies.
2.7 Reflection period: the period within which you can exercise your right of withdrawal.
2.8 Right of withdrawal: the option to cancel an agreement within the set cooling-off period.
2.9 Day: calendar day.
Article 3 – Applicability
3.1 These general conditions apply to all quotations of Silent Disco Delft, and purchase of products by you and to every agreement made between you as a consumer, company or institution and Silent Disco Delft. On request we will send you a written copy.
3.2 By placing an order you indicate that you agree with the delivery and payment terms. Silent Disco Delft reserves the right to change its delivery and/or payment conditions after the expiration of the term.
3.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Silent Disco Delft.
3.4 Silent Disco Delft guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
Article 4 – The agreement
4.1 The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
4.2 If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
4.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4.4 The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
4.5 The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
- the visiting address of the trader's office to which the consumer can address complaints;
- the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- the information on warranties and existing after-purchase service;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
4.6 In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
4.7 Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 5 – Right of withdrawal
On delivery of products:
5.1a When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
5.2a During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
5.3a If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
5.4a Once the products are received back in good condition, the refund will take place within a maximum of 14 days.
5.5a If, after the expiration of the periods mentioned in paragraphs 2 and 3, the customer has not expressed his desire to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
5.1b In the delivery of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
5.2b To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.
5.3b Once the service has been cancelled and costs have already been incurred, reimbursement takes place within a maximum of 14 days.
Article 6 – Rates
6.1 If a quotation has a limited period of validity or is made subject to conditions, this shall be expressly stated in the quotation.
6.2 Rates will not be increased within the term of the offer, unless legal measures make this necessary.
6.3 All rates on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
6.4 All rates in the offer and on the site are fixed, in Euros and including 21% VAT unless otherwise stated.
Article 7 – Warranty and Conformity
7.1 Silent Disco Delft guarantees that the material offered conforms to the specifications stated in the offer, to the reasonable requirements of soundness and to the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
7.2 If it turns out that the delivered material is defective, the customer must report these defects in writing to Silent Disco Delft within 14 days of discovering the defect (before returning it to Silent Disco Delft).
7.3 Silent Disco Delft is not liable for damage caused by intent or equivalent deliberate recklessness by the customer or anyone in possession of the delivered material, whether or not with the customer's permission.
7.4 Warranty cannot be granted if the customer has made changes to the material or if the material has suffered damage due to intent or negligent maintenance.
Article 8 – Images and specifications
8.1 All images; photographs, drawings, etc.; including data on weights, dimensions, colors, images of labels, etc. on the internet site of Silent Disco Delft are approximate only, are indicative and can not lead to compensation or dissolution of the agreement.
Article 9 – Liability
9.1 Silent Disco Delft is not liable for any injuries incurred by or because of the equipment provided.
9.2 If Silent Disco Delft must compensate any damage for whatever reason, this compensation will never exceed the amount equal to the invoice value of the material supplied.
Article 10 – Delivery and execution
10.1 Silent Disco Delft will always handle the material to be supplied, receiving and assessing the request with care.
10.2 The product will always be protected as best as possible before shipment. Since the products are fragile, Silent Disco Delft takes extra precautions. The material will be carefully packed and the shipping box will be provided with a 'fragile' sticker.
10.3 Silent Disco Delft strives to execute accepted orders for products expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If the order cannot be fulfilled or can only be partially fulfilled, you will be notified of this no later than one month after you have placed the order. In that case you have the right to terminate the agreement without costs.
10.4 In the event of dissolution in accordance with paragraph 3 of this article, Silent Disco Delft will refund the amount you paid as soon as possible, but no later than 30 days after dissolution.
10.5 The place of delivery, once shipping has been chosen, is the shipping address that the customer has provided to Silent Disco Delft on the site.
10.6 When delivered via parcel post, Silent Disco Delft is not liable for any shipping delays.
10.7 As soon as you choose to collect the products, an appointment must be made with Silent Disco Delft.
10.8 Under no circumstances is a customer, company or institution permitted to re-rent materials rented from Silent Disco Delft or to make them available to third parties, or to repair and/or dismantle them.
10.9 In the event of rental, you will take care of the rented materials and equipment, adequately secure them and use them in accordance with the (use) instructions. You are responsible for any (irreparable) damage/or loss of materials and equipment in accordance with Article 11 from the moment of arrival/reception until the moment of departure/return.
10.10 A consumer, company or institution indemnifies Silent Disco Delft against any claims for damages from third parties related to the use of rented materials.
10.11 Silent Disco Delft reserves the right to deny persons, organizations, companies and institutions access to the services of Silent Disco Delft without giving any reason and/or indefinitely. This will happen in the event of complaints related to, for example, insults, intimidation of any kind, stalking or other inappropriate behavior.
Article 11 – Damaged material
11.1 Before and after, the materials rented by us are thoroughly checked to ensure proper operation of the materials.
11.2 Rented materials are not insured by Silent Disco Delft during the rental period. You must take out adequate insurance yourself to cover (irreparable) damage, loss and theft of rented materials.
11.3 In case damage is found after return, costs for necessary repairs and/or missing materials will be charged to the final invoice.
11.4 If the previous paragraph applies, €40 will be charged for missing and/or unusable headphones. In the event of a missing or unusable transmitter, €60 will be charged. For other materials such as cords, the new price will be charged on the final invoice.
Article 12 – Payment
12.1 Payments for the delivery of material for which a quotation has been sent will be made by invoice. Silent Disco Delft will state the payment term on the invoice.
12.2 The amounts owed to the customer, which can be found on the invoice, must be paid within 14 days.
12.3 The method of payment for the amount due can be made by iDEAL, Credit Card, Bank Transfer or by Cash/PIN at pickup or return.
Article 13 – Privacy
13.1 Silent Disco Delft takes the management of personal data very seriously to protect your privacy.
13.2 In order to properly provide our services, Silent Disco Delft records your data when information or a quote is requested by telephone, by e-mail or via the website, an agreement is concluded or there is other contact with Silent Disco Delft and in case you have provided additional information.
13.3 The data is used to send mailings and other information provision, to send quotations and invoices, to carry out orders placed, to make payments via iDeal and to comply with legal obligations.
13.4 If you wish to inspect the registered data, have it rectified or deleted, you can make this known via the website. In that case, we will respond as soon as possible, but no later than within 4 weeks of receipt.
13.5 Data is managed by Silent Disco Delft with your consent until you indicate that you no longer consider this desirable or until Silent Disco Delft no longer considers it necessary to store the data.
13.6 The data is stored on computers.
13.7 If a telephone number or e-mail address has been provided for, for example, a response, question or complaint, you automatically agree that Silent Disco Delft can contact you via that telephone number or e-mail address to respond substantively to the response, to be able to respond to a question or complaint.
13.8 The information you provide will not be shared by us with parties outside Silent Disco Delft.
13.9 No personal data is kept of visitors to our website https://silentdiscodelft.com.
13.10 Silent Disco Delft uses cookies when offering its services and products on its website. A cookie is a small text file that is placed on your computer or other devices such as a telephone or tablet by the website you visit. Cookies can be used for various purposes, for example to remember visitor information, or to track visitors across different websites. This allows websites, for example, to improve the user experience and track certain web statistics, such as the number of visitors to the website. Silent Disco Delft uses cookies for the aforementioned reasons on its website. At the request of visitors, we store information such as a username, but never personal information such as passwords or IP addresses.
Silent Disco Delft uses Google Analytics to collect data on the use of https://silentdiscodelft.com this data is anonymized so that the behavior of individual visitors cannot be traced from it.
Article 14 – Complaints procedure
14.1 The entrepreneur shall have a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.
14.2 Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months fully and clearly described, after the consumer has found the defects.
14.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
14.4 If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
14.5 For complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the option to submit his complaint to the independent disputes committee appointed by the WebwinkelKeur Foundation, the decision is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs associated that should be paid by the consumer to the committee. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/odr).
14.6 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
14.7 If a complaint is found to be justified by the Entrepreneur, the Entrepreneur shall, at its option, either replace or repair the delivered products free of charge.
Article 15 – Disputes
15.1 Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
