ARTICLE 1: Pertinance
1.1. These general terms & conditions apply to all offerings, quotations and agreements, including in any case the delivery of goods and the performance of services, hereinafter referred to as the assignment, by PianoDisc Europe, hereinafter referred to as PD EU.
1.2. A buyer who has once purchased the present terms and conditions from PD EU is deemed to have tacitly agreed to the applicability of these terms and conditions in the event that he subsequently submits oral, written, telephone or other means, regardless of whether such an order is confirmed in writing.
ARTICLE 2: Offerings
2.1. All quotations and offers are without obligation, unless explicitly stated otherwise in the quotation. PD EU reserves the right to withdraw the offer within five days of receiving the confirmation.
2.2. Without prejudice to the above, the quotations from PS EU are valid for a period of thirty days, unless explicitly stated otherwise in the quotation.
2.3. If an offer is confirmed in writing by PD EU and the buyer has not notified PD EU of any objections within fourteen days of the date, the order confirmation will be binding on both. An order confirmation is also understood to mean a written confirmation from PD EU of what has been discussed between both parties and orally agreed.
ARTICLE 3: Pricing and price adjustment
3.1. All agreed prices are binding and excluding the sales tax due, unless explicitly stated otherwise.
3.2. During the first three months after the conclusion of the agreement, PD EU is entitled to increase the agreed prices if necessary. In that case the buyer is entitled to dissolve the agreement by means of a written statement for three weeks after this change.
ARTICLE 4: Payments
4.1. Unless otherwise specified on the invoices, payment must be made before delivery, the invoice date must be regarded as a final payment term.
4.2. If this payment term is exceeded, the buyer is legally in default without a notice of default being required. Without prejudice to his other obligations, the buyer owes an interest of 1% per month from the due date. All extrajudicial costs are borne by the buyer with a maximum of 15% of the outstanding principal sum. In the event of default, PD EU is also entitled to dissolve agreements that have not yet been fulfilled or parts thereof, without prejudice to PD EU's right to fulfillment and / or compensation. Any incoming payments from the defaulting buyer will first be deducted from the extrajudicial costs and interest, after which the remaining amount will be debited from the outstanding invoice (s).
4.3. PD EU reserves the right to demand security from the buyer in the event of doubtful creditworthiness and (possible) shortcomings in the payment obligation(s) of the buyer. If the buyer fails to do so, PD EU is entitled to suspend delivery or to unilaterally terminate the agreement.
4.4. All resulting legal costs are for the account of the buyer.
ARTICLE 5: Delivery / delivery time
5.1. PD EU will take the greatest possible care when executing product orders.
5.2. Orders accepted by PD EU are executed with due speed and in principle within 30 days. If a different delivery period has been agreed, the goods will be delivered within a reasonable period.
5.3. The delivery is deemed to have taken place at the time that the goods have been handed over to the buyer or have reached the address specified by the buyer (DAP, Delivered At Place, Incotrans 2010). If the buyer takes responsible for transporting the goods, it does so entirely at its own risk and expense. The delivery will be deemed to have taken place at the time of the actual delivery of the goods by PD EU.
5.4. The risk of damage and / or loss of products rests with PD EU until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
5.5. From the moment of delivery, the goods are entirely at the buyer's own risk.
5.6. If the delivery is delayed, or if an order cannot or only partially be executed, the buyer will be notified of this no later than 30 days after he has placed the order. In that case the buyer has the right to terminate the agreement without costs.
5.7. After dissolution in accordance with the previous paragraph, PD EU will immediately refund the amount that the buyer has paid.
5.8. Exceeding the agreed delivery time never entitles the buyer to compensation.
ARTICLE 6: Creditors' default
6.1. If the purchased item, regardless of the agreed method of transport and delivery, is ready for purchase by the buyer and PD EU has notified the buyer of this, the buyer is obliged to purchase immediately. Failure to comply with this obligation gives PD EU the right to store the goods at the expense and risk of the buyer or to keep them stored and to invoice the buyer without subsequently being able to refuse payment for a purchase that has not yet taken place.
ARTICLE 7: Inadequate delivery
7.1. Complaints must be submitted to PD EU in writing immediately, but no later than within 8 days after delivery. After the expiry of the aforementioned period, the delivered goods are deemed irrevocably accepted by the buyer.
7.2. The guarantee obligation never extends further than explicitly made quality clauses and / or explicitly agreed quality standards. If a complaint is justified with due observance of the foregoing, the buyer is entitled to repair or replacement, or dissolution of the agreement.
7.3. PD EU is not liable for any damages up to the amount for which it is insured in this regard. If the buyer does not meet his payment obligation, any warranty obligation will lapse.
ARTICLE 8: Retention of title
8.1. PD EU reserves the ownership of all goods it has delivered and / or still to be delivered to the buyer until the buyer has paid the purchase price and everything else that it owes to PD EU under the agreement.
8.2. As long as the ownership of the delivered goods has not been transferred to the buyer, the buyer is not entitled to transfer the ownership of the delivered goods, to pledge them or to encumber them in any other way, to transfer them or to use them, under whatever title.
8.3. If the buyer nevertheless sells the goods on which the retention of title rests to a third party who is in good faith, he is obliged to transfer the funds and / or claims arising from this delivery to PD EU. Any claims are by assignment transferred to PD EU.
8.4. The buyer is obliged to inform PD EU if the goods that are subject to the retention of title of PD EU have been seized or are being taken by third parties.
ARTICLE 9: Applicable law and competent court
9.1. Dutch law applies to all agreements between PD EU and buyer, unless otherwise specified.
9.2. All disputes arising from this agreement will be settled exclusively by the competent court at PD EU's residence.
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