Important By placing an order, you automatically agree to our terms of sale. Please be aware of this and read them carefully. Deviations from these terms are possible, but are valid only if we have confirmed them in writing. 1: General These terms of sale and purchase apply to all orders and agreements for the sale and purchase of Products and Services by Highender Audio ('Seller'). They exclude the applicability of all other terms unless expressly agreed otherwise in writing with the Seller. 2: Orders Orders may only be placed verbally, by post, fax, telephone or email. Unless expressly agreed otherwise, any offer made by the Seller remains valid for no longer than the validity period of the most recent applicable price list issued in the Netherlands. Special Products that are not part of our standard range and are purchased and ordered exclusively for the Customer cannot be cancelled, and the Customer is obliged to accept them. If unforeseen circumstances make the Product unavailable, the Seller is entitled to supply an equivalent Product at its discretion, in consultation with the Customer. The Customer may cancel subject to the cancellation provisions in these terms. These Products are therefore ordered at the Customer's own risk and responsibility, including, but not limited to, delivery times (including very long delivery times), colour and variations between models. 3: Prices All quoted prices include 21% VAT unless stated otherwise. VAT does not apply to used goods under the margin scheme. The price includes shipping, delivery to the Customer's premises and installation, unless stated otherwise on the invoice or agreed otherwise in writing. 4: Payment terms Deliveries are made following advance payment. If delivery is made against an invoice, all deliveries with a billing address in the Netherlands must be paid for immediately upon delivery. For deliveries abroad, advance payment is always required when the order is placed. If the permitted payment period is exceeded, the Customer is immediately in default and owes statutory interest. The Customer must also pay collection costs of at least 15% of the principal amount. All extrajudicial costs arising from late payment are payable by the Customer. The Seller may suspend further deliveries if payment is late. 5: Cancellation and consignment sales The Seller applies a refund period of 30 days net from the credit invoice date, without interest. If unforeseen circumstances delay the refund beyond 30 days, interest is paid at the annual statutory rate. Refunds cover only actual payments made by the Customer; the trade-in value of goods is never reimbursed in cash. If your traded-in Product has already been sold, another Product will be offered in consultation with the Customer, or a gift voucher will be issued. Additional costs are not reimbursed. Payment of a credit balance is always offered as a service. The Seller is also entitled to supply Products from stock to the value of the credit balance. Any additional costs arising from unforeseen issues, including but not limited to hidden defects in Products supplied by the Customer that emerge within three months of sale by the Seller, are payable by and will be invoiced to the Customer. The Seller reserves the right to offset outstanding Customer invoices. Used goods are not accepted for return. 6: Delivery Delivery dates and periods are always indicative. The Seller is not liable for deviations, and these never entitle the Customer to cancel the agreement. If the Customer wishes to cancel because of a delay in delivery of specially ordered Products, a 15% restocking fee (cancellation charge) applies. 7: Retention of title The Seller retains full ownership of the Products until the entire amount due has been received. Until then, the Customer may not rent out, lend, otherwise exploit or relinquish control of the Products. The Customer must immediately inform the Seller of any asserted third-party claim to the Products while they remain the Seller's property. Products subject to retention of title must be stored carefully, clearly identifiable and clearly separated as the Seller's Products. 8: Goods supplied on approval Highender Audio does not supply goods on approval because of current EU distance-selling rules. Highender Audio complies with this legislation. If you decide not to keep your Product, you may therefore return it within 14 days at your own shipping expense, and your payment will be credited within 30 days. Products not returned within this EU period are considered a final purchase, cannot be returned free of charge and must be paid for in full. 9: Product information Information in the price list, on the website and provided by the Seller is indicative and given in good faith. The Seller is therefore not liable for damage, injury, loss or costs resulting from inaccuracies or errors in this information. The Customer alone is responsible for ensuring that the Products ordered are suitable for their intended application. Damage caused by incorrect use or application is excluded. Used goods may show signs of use, which the Customer accepts when placing the order; claims relating to these are not accepted. Products may also have faults not yet known to the Seller; these do not provide grounds for returning the Products. The same applies to previously unnoticed modifications made by earlier owners. The Seller provides a 12-month warranty on used goods with a selling price of €1,000 or more, or as agreed and stated on the invoice. Used goods costing less than €1,000 carry a one-month warranty, or as agreed and stated on the invoice. 10: Warranty on new Products If, within two years of the invoice date, a sold Product is considered defective by the Seller, it will, at the Seller's discretion, be repaired free of charge or, if necessary, replaced by a universally equivalent interchangeable product. This warranty does not apply to incorrect or improper use. Following investigation, the Seller decides whether use was incorrect or improper, and no further correspondence will be entered into on that decision. Modifying or opening the purchased Product is considered a deliberate breach of the warranty conditions. Transport costs, additional import duties and similar costs are payable by the Customer. The Buyer must notify the Seller within seven days of the defect becoming apparent; otherwise, no claim may be made under this warranty. 11: Warranty on used equipment The warranty period is stated in months on your invoice. Warranty means that, where possible, our technical service will repair the equipment free of charge, covering labour and parts. Shipping costs are always payable by the Customer. If repair is no longer technically or economically feasible, you may choose replacement equipment of the same invoice value, less depreciation*. Shipping and on-site installation costs, including collection and delivery, are charged for repairs or replacements. The warranty on valves is limited to three months. Where NOS valves were fitted, standard valves, rather than NOS valves, are supplied under warranty. For pickup cartridges, the warranty excludes improper use, tension-wire repairs, coil repairs caused by DC voltage, short circuits and other repairs arising from improper use. It covers stylus-tip replacement following failure (not wear), wire breakage and manufacturing defects. These matters are always assessed by an independent expert. The standard cartridge warranty is one month unless stated otherwise on the invoice. *Depreciation is 40% of the invoice value per year, calculated for the number of months the equipment has been in your possession up to the date of notification. Third-party repairs are not reimbursed. Opening equipment after purchase voids the warranty. 12: Returning Products The Seller is not liable for loss, delay or damage during transport of Products, even if the carrier was selected by the Seller. The Customer is therefore responsible for properly insuring the return shipment. The Customer is deemed to have accepted the Products satisfactorily unless a written complaint is sent to the Seller within seven days of the initial delivery. A complaint does not suspend the Customer's payment obligation, and the Seller has the right to investigate it. The Customer has permission to return Products within seven days of delivery. The reason for the return must be stated. Returns must always be sent to the address specified by the Seller. The cost of sending Products back to the Customer is always payable by the Customer. Products are accepted as returns only if they are undamaged and in their original, intact and complete packaging. Products specially ordered or built for the Customer cannot be cancelled without a cancellation charge of 15% of the selling price. As an additional service, the Customer may choose reimbursement by a gift voucher equal to the invoice amount. The right of return does not apply to used goods unless expressly agreed in writing. Any outbound and return shipping costs are payable by the Buyer. If the Customer paid partly through a trade-in allowance, this allowance is never reimbursed in cash. If the traded-in goods have been sold, the Customer receives a gift voucher to spend at Highender Audio. 13: Consignment sales The Seller may offer and sell Products on the Customer's behalf. The fee is agreed in writing in consultation with the Seller, with a minimum of €250 per device. The Seller provides a warranty to the Customer. However, if equipment consigned to Highender Audio develops defects while in the showroom, any repair costs are payable by the Customer. Payment to the Customer is subject to the same conditions as credit invoices under the payment terms. During the first two months, the Customer cannot terminate the sales instruction without a charge; cancellation costs are at least €250 or 10% of the minimum selling price. When collecting returned Products, please allow ten working days for the collection appointment. Credit payments are made in accordance with our payment terms. 14: Exclusion of liability The Seller is not liable for loss or damage, whether consequential or otherwise, suffered by the Customer, their employees, representatives or third parties due to a failure to fulfil obligations, defective Products or other circumstances, unless it is established that the loss or damage was caused by the Seller's intent or gross negligence. 15: Jurisdiction Dutch law applies to all our domestic and international sales and to the terms stated above. Disputes are submitted to the subdistrict court in Utrecht. 16: The Seller does not accept collection costs or other extrajudicial costs beyond those required by mandatory law.
Original terms on highender.nlHIGHENDER AUDIO