TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

World Wide Mastering
E-mail: legal@soundvisionstudio.com
Website: www.worldwidemastering.com

Definitions

  1. World Wide Mastering: Sound Vision Studio, established in Arnhem, Chamber of Commerce no. 20069111.

  2. Customer: the party which World Wide Mastering has entered into an agreement with.

  3. Parties: World Wide Mastering and customer together.

  4. Consumer: a customer who is an individual acting for private purposes.

 

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of World Wide Mastering.

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

 

  1. All prices used by World Wide Mastering are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. World Wide Mastering is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

  3. The parties agree on a total price for a service provided by World Wide Mastering. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.

  4. World Wide Mastering is entitled to deviate up to 10% of the target price.

  5. If the target price exceeds 10%, World Wide Mastering must let the customer know in due time why a higher price is justified.

  6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.

  7. World Wide Mastering has the right to adjust prices annually.

  8. World Wide Mastering will communicate price adjustments to the customer prior to the moment the price increase becomes effective.

  9. The consumer has the right to terminate the contract with World Wide Mastering if he does not agree with the price
    increase.

 


Payments and Payment Terms

 

  1. World Wide Mastering may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.

  2. The customer must have paid the full amount within , after delivery.

  3. Payment terms are considered as fatal 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, without World Wide Mastering having to send the customer a reminder or to put him in default.

  4. World Wide Mastering reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

 


Payments and Payment Terms

  1. Products are immediately paid for.

  2. World Wide Mastering may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.

  3. The customer must pay invoices of World Wide Mastering within unless parties have made other agreements about this or if the invoice has a different payment term.

  4. Payment terms are considered as fatal 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, without World Wide Mastering having to send the customer a reminder or to put him in default.

  5. World Wide Mastering reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

 


Consequences of Late Payment

 

  1. If the customer does not pay within the agreed term, World Wide Mastering is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.

  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to World Wide Mastering.

  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

  4. If the customer does not pay on time, World Wide Mastering may suspend its obligations until the customer has met his payment obligation.

  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of World Wide Mastering on the customer are immediately due and payable.

  6. If the customer refuses to cooperate with the performance of the agreement by World Wide Mastering, he is still obliged to pay the agreed price to World Wide Mastering.

 


Right of Recovery of Goods

 

  1. As soon as the customer is in default, World Wide Mastering is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

  2. World Wide Mastering invokes the right of recovery by means of a written or electronic announcement.

  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to World Wide Mastering, unless the parties agree to make other arrangements about this.

  4. The costs for the collection or return of the products are at the expense of the customer.

 


Right of Withdrawal

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

    • the product has not been used

    • it is not a product that can spoil quickly, like food or flowers

    • the product is not specially tailored for the consumer or adapted to its special needs

    • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)

    • the seal is still intact when the product is a data carrier with digital content (DVDs, CDs, etc.)

    • the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity

    • the product is not a separate magazine or a loose newspaper

    • the purchase does not concern an (assignment to) urgent repair

    • it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days right of a withdrawal period and the consumer has not renounced his right of withdrawal

  2. The cooling-off period of 14 days as referred to in paragraph 1 commences:

    • on the day after the consumer has received the last product or part of 1 order

    • as soon as the consumer has received the first the product of a subscription

    • as soon as the consumer has purchased a service for the first time

    • as soon as the consumer has confirmed the purchase of digital content via the internet

  3. The consumer can notify his right of withdrawal via legal@soundvisionstudio.com, if desired by using the withdrawal form that can be downloaded via the website of World Wide Mastering, www.worldwidemastering.com.

  4. The consumer is obliged to return the product to World Wide Mastering within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of Delivery Costs

 

  1. If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the law,World Wide Mastering will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal provided that the consumer has returned the product to World Wide Mastering in time.

  2. The costs for return are only reimbursed by World Wide Mastering if the complete order is returned.

 


Reimbursement of Return Costs

  1. If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the
    complete order will be borne by the consumer.

 

 

Suspension of Obligations by the Customer

  1. The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 


Right of Retention

 

  1. World Wide Mastering can appeal to his right of retention of title and in that case retain the products sold by World Wide Mastering to the customer until the customer has paid all outstanding invoices with regard to World Wide Mastering, unless the customer has provided sufficient security for these payments.

  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to World Wide Mastering.

  3. World Wide Mastering is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 


Settlement

 

  1. The customer waives his right to settle any debt to World Wide Mastering with any claim on World Wide Mastering.

 


Retention of Title

 

  1. World Wide Mastering remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to World Wide Mastering under whatever agreement with World Wide Mastering including of claims regarding the shortcomings in the performance.

  2. Until then, World Wide Mastering can invoke its retention of title and take back the goods.

  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. If World Wide Mastering invokes its retention of title, the agreement will be dissolved and World Wide Mastering has the right to claim compensation, lost profits and interest.

 


Delivery

 

  1. Delivery takes place while stocks last.

  2. Delivery takes place at World Wide Mastering unless the parties have agreed upon otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed price is not paid on time, World Wide Mastering has the right to suspend its obligations until the agreed price is fully paid.

  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by World Wide Mastering.

 


Delivery Period

 

  1. Any delivery period specified by World Wide Mastering is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from World Wide Mastering.

  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless World Wide Mastering cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

 


Actual Delivery

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

 


Transport Costs

 

  1. Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

 


Packaging and Shipping

 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which World Wide Mastering may not be held liable for any damage.

  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to World Wide Mastering, failing which World Wide Mastering cannot be held liable for any damage.

 


Insurance

  1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion, and water damage as well as theft:

    • goods delivered that are necessary for the execution of the underlying agreement

    • goods being property of World Wide Mastering that are present at the premises of the customer

    • goods that have been delivered under retention of title

  2. At the first request of World Wide Mastering, the customer provides the policy for these insurances for inspection.

 


Storage

 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the
    customer.

  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

 


Guarantee

 

  1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for World Wide Mastering, not obligations of results.

  2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.

  3. 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 improper use by the customer, or when the cause of the defect cannot clearly be established.

  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

 


Performance of the Agreement

 

  1. World Wide Mastering executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

  2. World Wide Mastering has the right to have the agreed services (partially) performed by third parties.

  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.

  4. It is the responsibility of the customer that World Wide Mastering can start the implementation of the agreement on time.

  5. If the customer has not ensured that World Wide Mastering can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

 


Duty to Inform by the Customer

 

  1. The customer shall make available to World Wide Mastering all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.

  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.

  3. If and insofar as the customer requests this, World Wide Mastering will return the relevant documents.

  4. If the customer does not timely and properly provides the information, data or documents reasonably required by World Wide Mastering and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

 


Confidentiality

 

  1. The client keeps any information he receives (in whatever form) from World Wide Mastering confidential.

  2. The same applies to all other information concerning World Wide Mastering of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to World Wide Mastering.

  3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.

  4. The obligation of secrecy described in this article does not apply to information:

    • which was already made public before the customer heard this information or which later became public\ without being the result of a violation of the customer's duty to confidentiality

    • which is made public by the customer due to a legal obligation

  5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.

 


Penalties

 

  1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he/she forfeits on behalf of World Wide Mastering an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.

  2. No actual damage, prior notice of default, or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.

  3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of World Wide Mastering including its right to claim compensation in addition to the fine.

 

 

Indemnity

 

  1. The customer indemnifies World Wide Mastering against all third-party claims that are related to the products and/or services supplied by World Wide Mastering.

 


Complaints

 

  1. The customer must examine a product or service provided by World Wide Mastering as soon as possible for possible shortcomings.

  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform World Wide Mastering of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

  3. Consumers must inform World Wide Mastering of this within two months after detection of the shortcomings.

  4. The customer gives a detailed description as possible of the shortcomings so that World Wide Mastering is able to respond adequately.

  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

  6. If a complaint relates to ongoing work, this can, in any case, not lead to World Wide Mastering being forced to perform other work than has been agreed.

 


Giving notice

 

  1. The customer must provide any notice of default to World Wide Mastering in writing.

  2. It is the responsibility of the customer that a notice of default actually reaches World Wide Mastering (in time).

 


Joint and Several Client Liabilities
 

  1. If World Wide Mastering enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to World Wide Mastering under that agreement.

 


Liability of World Wide Mastering

 

  1. World Wide Mastering is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.

  2. If World Wide Mastering is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

  3. World Wide Mastering is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

  4. If World Wide Mastering is liable, its liability is limited to the amount paid by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

  5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 


Expiry Period

 

  1. Every right of the customer to compensation from World Wide Mastering shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

 


Dissolution

 

  1. The customer has the right to dissolve the agreement if World Wide Mastering imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

  2. If the fulfillment of the obligations by World Wide Mastering is not permanent or temporarily impossible, dissolution can only take place after World Wide Mastering is in default.

  3. World Wide Mastering has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give World Wide Mastering good grounds to fear that the customer will not be able to fulfill his obligations properly.

 


Force Majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of World Wide Mastering in the fulfillment of any obligation to the customer cannot be attributed to World Wide Mastering in any situation independent of the will of World Wide Mastering, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from World Wide Mastering .

  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

  3. If a situation of force majeure arises as a result of which World Wide Mastering cannot fulfill one or more obligations towards the customer, these obligations will be suspended until World Wide Mastering can comply with it.

  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. World Wide Mastering does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 


Modification of the agreement

 

  1. If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

 


Changes in the General Terms and Conditions

 

  1. World Wide Mastering is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discussed by World Wide Mastering with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

 

Transfer of Rights

 

  1. The customer cannot transfer its rights deferring from an agreement with World Wide Mastering to third parties without the prior written consent of World Wide Mastering.

  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 


Consequences of Nullity or Annullability

 

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what World Wide Mastering had in mind when drafting the conditions on that issue.

 


Applicable Law and Competent Court

 

  1. Dutch law is exclusively applicable to all agreements between the parties.

  2. The Dutch court in the district where World Wide Mastering is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 


Attribution

 

  1. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).


Drawn up on 01 January 2022