Terms and conditions

These terms apply to every offer and every agreement between Magna Music and third parties, unless explicitly agreed otherwise by the parties.

"Seller" refers to "Magna Music" and "buyer" refers to "any natural or legal person purchasing goods from the seller".

Article 1: Quotations

Quotations made by the seller are non-binding and are valid for 30 days unless otherwise stated.

Article 2: Delivery

The buyer is obliged to accept the purchased goods at the time they are made available to them under the agreement. If the buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, the goods will be stored at the buyer's risk. In that case the buyer will owe all additional costs, including at minimum storage costs.

Article 3: Delivery time

An agreed delivery time is not a strict deadline unless explicitly agreed otherwise. In the event of late delivery the buyer must therefore notify the seller in writing.

Article 4: Warranty

The seller provides full warranty on all new musical instruments for 1 year after delivery; on second-hand items for 3 months after delivery, unless a different warranty period is agreed.

The seller undertakes, where warranty applies and the product shows a defect, to repair the product as soon as possible.
Items delivered via special transport (such as acoustic pianos) will, where possible, be repaired at home; all other items must be brought to the seller for repair.
The seller may choose to replace the item.
The buyer is only entitled to replacement if repair is not possible.
The warranty lapses if damage is caused by improper handling of a warranted item. Improper handling includes, among other things:

- - dropping, knocking over, contaminating or other improper use.
  - treatment by third parties without the seller's instruction or knowledge.
  - negligence in relation to humidity.

The buyer must demonstrate that the item shows a defect within the warranty period to which the warranty applies.
The warranty is not transferable to third parties.

Article 5: Retention of title

Goods delivered by the seller remain the property of the seller until the buyer has fulfilled all obligations arising from all purchase agreements concluded with the seller.

As long as the goods are the property of the seller, the buyer is not authorised to pledge the items or establish any other right over them.
If the buyer fails to meet their obligations or there is justified reason to believe they will not, the seller is entitled to reclaim the delivered goods subject to the retention of title in clause 1 from the buyer or from third parties holding the goods on the buyer's behalf. The buyer is obliged to provide full cooperation, on penalty of a fine of 10% of the amount owed per day.
If third parties wish to establish or enforce any right over the goods delivered under retention of title, the buyer is obliged to notify the seller immediately.
The buyer undertakes, upon the seller's first request:

- - to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage, as well as theft, and to provide the policy for inspection.
  - to pledge to the seller all claims of the buyer against insurers in respect of the goods delivered under retention of title, in the manner prescribed by art. 3:239 of the Dutch Civil Code.
  - to mark the goods delivered under retention of title as the property of Magna Music.
  - to cooperate in any other way with all reasonable measures the seller wishes to take to protect its right of ownership in respect of the goods, and which do not unreasonably hinder the buyer.

Article 6: Complaint periods

The buyer must inspect the purchased goods carefully upon delivery or as soon as possible thereafter. In doing so the buyer should verify whether the delivery is in accordance with the agreement, namely:

- - whether the correct items have been delivered,
  - whether the delivered items correspond in quantity to the agreed number,
  - whether the delivered items meet the agreed quality requirements, or, where none are specified, the requirements that may reasonably be expected for normal use.

If visible defects or shortages are found, the buyer must report these to the seller in writing within 8 days of delivery.
Non-visible defects must be reported to the seller in writing within 3 days of discovery, and no later than 3 months after delivery.

Article 7: Payment

Payment must be made in cash upon delivery; "cash" also includes payment by debit card or other accepted payment card. Bank payment is possible provided the amount owed is credited to the seller's account before delivery. Deviation from this payment method is only permitted if agreed in advance.

For alternative payment methods a payment term of 30 days applies. After 30 days the buyer is in default and owes interest of 1% per month on the outstanding amount.
For alternative payment methods the seller is entitled to charge a credit restriction surcharge of 2%, which is not owed if payment is made within 8 days of the invoice date.
In the event of the buyer's liquidation, bankruptcy or suspension of payment, all of the buyer's obligations become immediately due and payable.

Article 8: Collection costs

If the buyer is in default or in breach of one or more of their obligations, all reasonable costs incurred to obtain payment out of court shall be borne by the buyer. In any case the buyer owes:

- - on the first € 3,000: 15%
  - on the next amount up to € 6,000: 10%
  - on the next amount up to € 15,000: 8%
  - on the amount above € 15,000: 5%

If the seller demonstrates that higher costs were incurred, which were reasonably necessary, these will also be eligible for compensation.

The buyer is liable for all legal costs incurred by the seller. This applies only where the seller and buyer are involved in legal proceedings relating to an agreement to which these general terms and conditions apply and a court ruling determines that the buyer is wholly or predominantly in the wrong.

Article 9: Liability

For defects in delivered goods the liability is regulated as set out in Article 4 of these terms and conditions.
The seller is liable if damage is caused by intent or gross negligence on the part of (staff of) Magna Music.
Otherwise the seller's liability is limited to the amount paid out by the insurer, to the extent that this liability is covered by their insurance.
In all other respects the statutory rules regarding liability apply.

Article 10: Force majeure

Force majeure refers to "circumstances that prevent the fulfilment of the obligation and cannot be attributed to the seller". Possible reasons for force majeure include strikes within the industry or in other industries, unforeseen disruptions at suppliers or other third parties on which the seller depends, and general transport problems.
During force majeure the seller's delivery and other obligations are suspended. If the period during which fulfilment of the seller's obligations is not possible due to force majeure lasts longer than 6 months, both parties are entitled to dissolve the agreement without any obligation to pay compensation.
If the seller has already partially fulfilled their obligations at the time force majeure occurs, or can only partially fulfil their obligations, they are entitled to invoice the part already delivered or deliverable separately, and the buyer is obliged to pay this invoice as if it were a separate contract. This does not apply, however, if the part already delivered or deliverable has no independent value.
Ordered products/orders that contain incorrect information and/or price due to a technical or personal error may be cancelled unilaterally by Magna Music.

Article 11: Dispute resolution

Disputes will be settled, depending on the size of the claim, by the Cantonal Court in Bergen op Zoom or the District Court in Breda.

Article 12: Applicable law

Dutch law applies to every agreement between Magna Music and the buyer.

CHAMBER OF COMMERCE BREDA: 89481852
VAT NUMBER: NL864995490B01