Terms and conditions

Important By placing an order, you automatically agree to our terms and conditions of sale; please be aware of this and read them carefully. Deviations from these terms and conditions are, of course, possible, but are only valid if confirmed by us in writing. 1: General These terms and conditions of sale and purchase apply to all orders and agreements for the sale and purchase of Products and Services by Highender Audio (‘the Seller’). These terms and conditions exclude the applicability of any other terms and conditions unless expressly agreed otherwise in writing with the Seller. 2: Orders Orders may only be placed verbally, by post, fax, telephone or via email. Unless expressly agreed otherwise, any offer made by the Seller shall remain valid only for the duration of the most recent price list issued in the Netherlands. Special Products which are not part of our standard product range – and which are therefore procured and ordered exclusively for the customer – cannot be cancelled, and the customer is obliged to accept them; should the Product be unavailable due to unforeseen circumstances, the Seller is entitled to supply an equivalent Product at the Seller’s discretion, in consultation with the Customer. The Customer is entitled to cancel in accordance with the conditions set out in the terms and conditions. These Products are therefore also ordered at the Customer’s own risk and responsibility, with regard to, but not limited to, delivery times (including very long ones), colour, variations in models, etc. 3: Price All prices quoted include 21% VAT, unless otherwise stated. No VAT applies to second-hand goods (margin scheme). The price includes postage, home delivery (to the customer’s address) and installation, unless otherwise stated on your invoice or as agreed (in writing!). 4: Terms of payment Deliveries are made upon advance payment. In the case of delivery with an invoice, all deliveries to a billing address in the Netherlands must be paid for on delivery (cash on delivery). For deliveries abroad, advance payment is always required upon placing the order.
If the permitted payment term is exceeded, the Customer shall immediately be in default from that moment onwards and shall owe statutory interest; furthermore, the Customer shall be obliged to pay an amount of at least 15 per cent of the principal sum as collection costs. All extrajudicial costs arising from late payment shall be borne by the Customer. The Seller is entitled to suspend further deliveries in the event of late payment. 5: Cancellation, and in the case of sales on commission The Seller applies a payment term of 30 days net from the date of the credit invoice, without interest. If payment is made later than 30 days due to unforeseen circumstances, we charge interest at the statutory annual rate. Payments relate solely to actual payments made by the customer; the trade-in value of goods is never reimbursed in cash. If your product has already been sold, another product will be offered, in consultation with the customer, or a gift voucher will be issued. Additional costs will not be reimbursed. Credit payment is, at all times, a service product. The Seller is entitled to supply stock items to the value of the credit amount. Any additional costs arising from unforeseen circumstances, including but not limited to hidden defects (up to three months after sale by the Seller) in products supplied by the Customer shall be borne by the Customer and invoiced to the Customer. The Seller reserves the right to set off outstanding invoices from the Customer. Used goods will not be accepted for return.  6: Delivery Delivery dates and times are indicative only at all times. The Seller shall not be liable for any deviations from these, and this shall in no circumstances entitle the Customer to cancel the contract. 
 If the Customer wishes to cancel the contract due to a delay in the delivery of specially ordered Products, a 15% restocking fee (cancellation charge) will be charged. 7: Retention of title The Seller retains full and undiminished ownership of the Products until the entire payment due has been received. Until that time, the Customer is not entitled to let, lend or otherwise exploit the Products, nor to allow them to leave its possession.
 The Customer shall immediately inform the Seller of any alleged claim by third parties in respect of the Products whilst they remain the property of the Seller. The Customer shall store the Products subject to retention of title with due care, ensuring they are clearly identifiable and kept distinctly separate as the Seller’s Products. 8: Cash-on-delivery consignments Highender Audio does not accept cash-on-delivery consignments due to current EU regulations on distance selling. Highender Audio complies with this legislation. Therefore, if you do not wish to keep your product, you may return it within 14 days, with the postage costs at your expense, and your payment will be credited to you within 30 days. Products not returned within this EU period are considered a final purchase and cannot be returned free of charge; you must therefore pay for them in full. 9: Product information The information contained in the price list and on the website, and provided by the Seller, is for guidance only and is given in good faith. The Seller is therefore not liable for any damage, injury, loss or costs resulting from any inaccuracy or error in this information. The Customer bears sole responsibility for ensuring that the Products ordered by them are suitable for their intended use(s). Damage caused by incorrect use or application is excluded. Second-hand goods have been used and may bear signs of wear and tear, which the Customer accepts as such when placing the order; no claims in this regard will be accepted. Furthermore, faults in the Products of which the Seller is as yet unaware may occur; no rights may be derived from this in respect of the return of the Products. This also applies to any unseen ‘modifications’ made by previous owners. The Seller provides a 12-month warranty on second-hand goods with a sale price of €1,000 or more, or as agreed and as stated on the invoice. A 1-month warranty applies to second-hand goods costing less than €1,000, or as agreed and as stated on the invoice.  10: Warranty for new products If, within two years of the invoice date, the sold Product is, in the Seller’s opinion, defective, then, at the Seller’s discretion, the Product will be repaired free of charge or, if necessary, replaced with a universally equivalent interchangeable product. This warranty does not apply in the event of incorrect or improper use of the Products; the assessment and determination of whether use was incorrect or improper rests with the Seller following an investigation, and no further correspondence on this matter will be entered into. Any modifications or opening of the purchased product shall be regarded as a deliberate breach of the warranty conditions. Any transport costs, additional import duties and the like shall be borne by the Customer. The Buyer must notify the Seller of any defect within 7 days of its discovery; failure to do so will invalidate any claim under this warranty. 11: Warranty for second-hand equipment The warranty (the number of months is stated on your invoice) means that, where possible, the equipment will be repaired free of charge by our technical service department; that is to say, labour and parts will be covered. Postage costs are always borne by the Customer. If your equipment can no longer be repaired (either technically or economically), you may select a replacement unit from us of equal invoice value, minus depreciation*. Postage costs and on-site installation costs (collection and delivery) will be charged in the event of repair or replacement. The warranty on valves is valid for a maximum of 3 months; if NOS valves have been used, standard valves are supplied under warranty, not the NOS valves.  Cartridge elements: the following are excluded from the warranty: improper use, tension wire repairs, coil repairs caused by DC voltage, short circuits and other repairs resulting from improper use. The following are covered by the warranty: stylus replacement in the event of failure (not due to wear and tear), wire breakage and manufacturing defects. The above is always subject to the judgement of an independent expert. The standard warranty period for cartridges is 1 month, unless otherwise stated on the invoice.   *Depreciation amounts to 40 per cent of the invoice value per year (calculated pro rata over the number of months the equipment has been in your possession up to the date of notification). Repairs carried out by third parties will not be reimbursed. The warranty is void if the equipment has been opened after purchase.   12: Returning a Product or Products The Seller shall not be liable for any loss, delay or damage during the transport of Products, even if the carrier was chosen by the Seller. The Customer is therefore responsible for ensuring the return consignment is properly insured. The Customer is deemed to have accepted the Products to their satisfaction if they have not sent a written complaint to the Seller within 7 days of the first delivery. A complaint submitted does not suspend the Customer’s obligation to pay, and the Seller has the right to investigate the complaint. The Customer has 7 days from the date of delivery to return Products. The reason for the return must be stated. Returns must always be sent to the address specified by the Seller. The costs of returning goods to the Customer are always borne by the Customer. Products will only be accepted as returns if they are returned in their original packaging (intact and complete) and undamaged.  Products that have been specially ordered or manufactured for the Customer cannot be cancelled without a cancellation fee of 15 per cent of the sale price. As an additional service, the Customer may choose to be reimbursed by means of a gift voucher for the value of the invoice amount. The right of return does not apply to used goods, unless this has been expressly agreed in writing. Any delivery charges (both ways) are payable by the Buyer. If the Customer has paid partly using so-called trade-in credits, these will never be converted into cash. In the event of the sale of such items, the Customer will receive a gift voucher valid for orders placed with Highender Audio.  13: Sales on behalf of the Customer The Seller may offer and sell products on behalf of the Customer; the fee agreed for this shall be set out in writing and in consultation with the Seller, with a minimum of 250 euros per item. The Seller provides a warranty to the Customer. However, if the devices handed in to Highender Audio prove to be faulty whilst on display in the showroom, any resulting repair costs shall be borne by the Customer. Payment to the Customer shall be made under the same terms as those set out in the credit note under the ‘Terms of Payment’ section. The Customer may not cancel the sales agreement free of charge during the first two months; cancellation fees shall be a minimum of 250 euros or 10 per cent of the minimum selling price. When arranging for the products to be collected, please allow 10 working days for the collection appointment. Credit payments are made in accordance with our terms of payment. 14: Exemption from Liability The Seller shall not be liable for any loss or damage (consequential damage or other damage) suffered by the Customer, its employees, representatives or third parties in the event of a failure to fulfil its obligations, defective Products or in other cases where it has not been established that such loss or damage was caused by the Seller’s wilful misconduct or gross negligence.  15: Governing Law All our sales and the terms and conditions set out above, whether domestic or international, are governed by Dutch law; any disputes shall be submitted to the Utrecht District Court. 16: The Seller shall not accept any debt collection costs or other extrajudicial costs other than those entailed by mandatory provisions of law.