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01. Definitions
02. General
03. Offers and Quotations
04. Prices
05. Record Bag
06. Audio
07. Guarantee
08. Transfer of risk
09. Reservation of ownership
10. Liability
11. Supervening impossibility of performance
12. Intellectual property rights and copyright
13. Applicable law
14. Disputes
15. Contact
Article 1. Definitions
In these general terms and conditions, the terms below are defined, unless expressly stipulated otherwise, as follows:
User:
the User of these general terms and conditions;
Consumer:
the other party hereto who is a natural person and does not carry out a business or trade;
Contract:
the contract between the User and the Consumer;
Consumer sale:
the contract of purchase and sale in relation to a movable item, concluded between the vendor who carries out a business or trade and the consumer, a natural person who does not carry out a business or trade.
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Article 2. General
1. These terms and conditions apply to each tender, quotation and contract between the User and the Consumer where the User has declared these terms and conditions to be applicable and insofar as they have not been expressly deviated from in writing by the parties.
2. These terms and conditions are further applicable to contracts with the User where the involvement of third parties is required for their execution.
3. Any deviations from these general terms and conditions are only binding if such deviations have been expressly agreed upon in writing.
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Article 3. Offers and Quotations
1. Tenders and quotations are non-binding in nature and can be made in any written format, unless the User for practical, urgent or other reasons decides not to make a written offer. The quotation must stipulate a date or the date must be determinable.
2. The User is only bound to tenders and quotations if the Consumer accepts such tender or quotation, preferably in writing, within a period of 14 days. Unless otherwise stipulated, prices quoted in the tender are inclusive of VAT.
3. The User cannot be bound by its tenders and quotations if the Consumer ought to have realised, in all reasonableness and fairness and in terms of prevailing social opinions, that the tender or quotation or a portion thereof contains an obvious error or mistake.
4. The User is not bound to its offer if the acceptance thereof (even on secondary items) deviates from the offer contained in the quotation. The contract is not concluded in terms of this contradictory acceptance, unless the User confirms otherwise.
5. The User is not bound to deliver any portion of the merchandise referred to in a composite price list at a comparative portion of the overall stated price.
6. Tenders or quotations do not apply automatically to repeat orders.
7. Pictures, drawings and information relating to weight, measurements, colours, etc. are all estimates by nature. Any deviations from these estimates in reality cannot give rise to any claims for damages and/or rescission.
8. All price lists, brochures, and printed material, etc. provided by the User are subject to change and do not represent binding quotations.
9. The User reserves the right to refuse orders without the need to give reasons therefore, to request pre-payment or request security for order payments.
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Article 4. Prices
1. All standard prices and tariffs are in Euro's, VAT exclusive, and exclusive of any government- enforced duties as well as haulage costs. The haulage costs, which are payable by the Consumer, are set out separately on the Users website.
2. Used articles that are sold on our site are VAT exempted . The prices from used articles will be shown as VAT inclusive
3. Prices are based on the tariffs, rates, labour costs, taxes, duties and charges in force at the time the order is placed.
4. Costs relating to administration, cancellation, ordering, extra freight or haulage, return handling and storage can be charged separately, if so required. Deviation from these terms and conditions may be agreed upon in writing. Terms and conditions are available at all times upon request.
5. The Consumer is liable for all courier fees or special transport costs (insofar as these may be applicable).
6. A discount is deemed to be granted on a once-off basis and the User is not bound in any way to grant such a discount in a subsequent contract.
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Article 5. Record Bag
1. Related articles in your "recordcase" can be placed casual. It gives you no right to the purchase of the product(s) because the stock on our site will only be processed when the order is actually placed.
2. No rights can be granted to the contents of the "recordcase".
3. If you are logged on, the contents of the "recordcase" will be automatically remembered in our database, for any subsequent visits to our site in the future.
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Article 6. Audio
1. We use the advantage of  Real Player© on our website.
2. The audio files, which can be heard on our site, are exclusively for promotional purposes.
3. It is strictly forbidden to reproduce, copy or otherwise distribute the RealMedia audiofiles via CD, CDr, MP3, the Internet or any other online or offline media etc. from the site of Wat Nou Music without explicit permission from Wat Nou Music. Commercial or free use of the Wat nou Music RealMedia audiofiles by third parties is strictly prohibited.
4. In violation of section 3, declaration will take place and legal action will be taken. The entire damages will be recovered at the offender.
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Article 7. Guarantee
1. The User guarantees that the merchandise for delivery complies with the customary standards and norms as may be applied thereto and is free from any defects whatsoever.
2. The guarantee as stipulated under paragraph 1 also applies if the merchandise is destined for overseas use and if the Consumer expressly notified the User of this fact at the time the contract was concluded.
3. The guarantee as stipulated under paragraph 1 lasts for a period of 30 days after delivery.
4. If the delivered merchandise does not comply with these guarantees, the User will, at its discretion, replace or ensure the repair of the merchandise within a reasonable period of receipt of its return or, if the return thereof is not possible, within a reasonable period after receipt of written notice of the defect from the Consumer. In the event of replacement, the Consumer hereby undertakes to return the replaced item to the User and to allow ownership thereof to revert to the User.
5. The aforementioned guarantee(s) cannot be enforced when the defect arises from the injudicious or improper use of the merchandise or when the Consumer or third parties, without the written consent of the User, have made or endeavoured to make alterations to an item of merchandise for purposes other than those for which it is designed.
6. If the delivered merchandise does not comply with what was agreed upon and this non-conformity constitutes a defect in the sense of the regulation of product liability, then the User is not liable for any consequential damages arising therefrom.
7. The provisions in these general terms and conditions relating to guarantees do not detract from the statutory guarantee entitlements of the Consumer, and take into account all that is stated in these general terms and conditions and the contract, including that which relates to the nature and quality of that which is sold and delivered to the Consumer.
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Article 8. Transfer of risk
The risk of loss or damage to the contractual products passes to the Consumer immediately upon the legal/factual delivery thereof to the Consumer and when they fall under the control of the Consumer or a third party as designated by the Consumer.
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Article 9. Reservation of ownership
The User reserves ownership in the delivered merchandise until the purchase price thereof is paid in full.
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Article 10. Liability
1. If the articles delivered by the User is defective, its liability towards the Consumer is limited to that which is stated under Guarantees in these terms and conditions.
2. Should the manufacturer of a defective item be liable for consequential damages, the liability of the User is limited to either the repair or replacement of the item or the refund of the purchase price.
3. Notwithstanding the aforementioned, the User is not liable if the damage is the result of intentional and/or grossly negligent and/or culpable actions, or injudicious or improper use by the Consumer.
4. The limitations on liability for direct damage as stated in these terms and conditions do not apply if such damage arises from the intent or gross negligence of the User or its subordinates.
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Article 11. Supervening impossibility of performance
1. The parties are not bound to comply with any obligation if they are prevented from performing such obligation due to a circumstance that is not their fault and for which they cannot be held accountable, in terms of the law, a legal transaction or prevailing social opinion.
2. Supervening impossibility of performance in these general terms and conditions is defined, besides its meaning in the law and jurisprudence, as being all outside factors, foreseen or not foreseen, over which the User cannot exercise any control, but which prevent the User from fulfilling its obligations. Industrial action in the sphere of the User?s activities is included in this definition.
3. The User is also entitled to rely on supervening impossibility of performance if the circumstances that prevent (further) compliance arise after the User should have already complied with its obligation.
4. The parties may suspend compliance with the obligations arising from the contract for as long as the factors causing the supervening impossibility of performance endure. Either party is entitled to rescind the contract, without being liable to compensate the other party for damages, if this period exceeds two months.
5. Insofar as the User has partially complied with its obligations arising from the contract or could have done so by the time the factors causing the supervening impossibility of performance arise, and insofar as a separate value can be placed respectively on such partially completed obligations or such obligations which could have been completed, then it is entitled to separately invoice such respectively partially completed or to be partially completed portions. The Consumer is liable to pay such an invoice as though it was a separate contract.
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Article 12. Intellectual property rights and copyright
1. The User reserves its rights and competencies under the Copyright Act, notwithstanding the other provisions of these general terms and conditions.
2. The Consumer is not permitted to make any changes to the merchandise unless this is clearly intended from the nature of the delivered items or unless such changes are agreed upon in writing.
3. Any designs, outlines, drawings, films, software and other materials or (electronic) files that the User has developed within the ambit of this contract remain its property, regardless of whether these are made available to the Consumer or third parties, unless otherwise agreed.
4. Any items provided by the User, such as designs, outlines, drawings, films, software, (electronic) files etc., are intended for the exclusive user of the Consumer and may not, without the prior consent of the User, be duplicated, made public or introduced to third parties, unless this is clearly intended from the nature of the provided items.
5. The User reserves the right to use any knowledge acquired in the execution of its activities for other purposes, to the extent that this does not involve introducing confidential information to third parties.
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Article 13. Applicable law
1. Dutch law applies to every contract between the User and the Consumer. The United Nations Convention on Contracts for the International Sales of Goods (the Vienna Sales Convention) is expressly excluded.
2. The Dutch text of these general terms and conditions always prevail in the event of an interpretation based on the content and scope of application hereof.
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Article 14. Disputes
1. The Court for the area of the principal place of business of the User has exclusive jurisdiction to decide upon disputes, unless the Cantonal Court has concurrent jurisdiction. The User nevertheless has the right to refer the dispute to whichever court legally has jurisdiction.
2. The Parties will only proceed to Court after they have done their utmost to resolve a dispute by way of negotiation between themselves.
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Article 15. Contact
Wat Nou Music
Established at St. Ceciliastraat 23, 5038HA Tilburg (Noord-Brabant) The Netherlands.
Telefoon +31-(0)6-15630953.
Registered at the Chamber of commerce Tilburg as Wat Nou Music, under number 18057911, deposited on Jan 5th 2000.
VAT-number: NL808555030B01.
If you want to contact us by mail use the contact us form page.
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