General Conditions of Delivery to The purchasers,
by Xango World Music Records CV
hereafter known as The vendor.
Article 1. Definitions
Under these General Conditions, the 'the vendor' will
be the person applying these General Conditions. The purchaser
will be the other party, being a natural person who does
not deal or participate in the management of a profession
The purchaser will buy movable goods, these purchases
will be made by a salesperson working in a special business
and a person who does not participate in a profession
Article 2. Applicability of aforementioned
1. These conditions are applicable for each and every
quote and each and every agreement between the vendor
and the purchaser which has been found suitable by the
vendor, as far as the conditions have not been agreed
upon otherwise in writing.
2. The conditions in question are also applicable in cases
where use of a third party is necessary.
Article 3. Quotes
1. All quotes made by the vendor are valid for thirty
2. The vendor cannot be held to the quote if and when
the purchaser should have understood that the quote or
part of the quote was based on an obvious mistake or a
3. The vendor can only be held to the quote if agreement
by the purchaser has been acknowledged within thirty days.
All prices are inclusive of VAT, unless stated otherwise.
Article 4. Delivery
1. Unless agreed otherwise, all delivery will take place
from the shop / warehouse of the vendor in Utrecht, The
2. The purchaser is bound to pay for the goods upon delivery
at a previously agreed address, or else the moment when
the goods are at his disposal as agreed by contract.
3. If the purchaser refuses delivery of the goods or is
neglectful in giving accurate information or clear instructions
necessary for delivery to the correct address, the aforementioned
goods will be stored at buyer's risk. The purchaser will
pay all extra costs incurred, including storage costs.
4. Delivery of the goods will take place with the pre-arranged
agreement of the cost of the forwarding charges.
Article 5. Delivery time
1. Delivery time as stated by the vendor will be approximate
and not guaranteed.
2. If delivery is later than the agreed period, the purchaser
will hold the vendor liable in writing. The purchaser
will then agree a reasonable amount of time for the vendor
to fulfil his obligations.
Article 6. Guaranty, warranty
1. The vendor will guarantee that goods sold are free
of material, design and/or
manufacturing defects for the same length of time as the
manufacturer's guarantee provided by the manufacturer
of those goods.
2. If paragraph one is applicable and goods are defective
or damaged, then the vendor will replace the defective/damaged
3. Guaranty will not be applicable if the purchaser causes
a defect through incorrect
use or handling of guaranteed item(s).
4. The purchaser must prove within the period of the guarantee
that the guaranteed goods are faulty.
Article 7. Ownership
The vendor will remain owner of goods sold, until that
moment when the payment of the purchase has been settled
Article 8. Defects and period of complaint
1. The purchaser has to check the goods upon delivery
to establish if anything is incorrect. He/she must check
whether the goods supplied are in actual fact what was
ordered and if the quality/standard of the goods is in
accordance with the required standard for normal use.
2. If a defect is found, the vendor will have to be informed
by the purchaser within three days after receipt of goods.
Article 9. Price increases
1. The price of the goods is not guaranteed and the vendor
is entitled to raise the price.
2. If a price rise takes place within the first three
months after signing the agreement
the purchaser can cancel the agreement, regardless of
the percentage of the rise.
3. If the price increase takes place three months or more
after the signing of the
agreement, the purchaser has the right to cancel the agreement
if the rise is of more than 10 %.
Article 10. Payment
The purchaser will pay directly into the vendor's Postbank
account, or will settle with a VISA card or Mastercard
upon receipt of an invoice by e-mail.
As soon as payment is received, the ordered goods will
be sent off, provided they are in stock. If this is the
case they will be sent as soon as they are available
Article 11. Liability
1. Liability of the vendor is limited to a new delivery
of the ordered items or a total refund of the sum paid.
2. As regards goods which are defective and have been
delivered to the purchaser, liability is as set out in
article 6. of these General Conditions.
3. Articles 11.1 and 11.2 do not apply if damage is due
to intentional, reprehensible and/or malicious damage
whether caused by the vendor or his/her staff.
Article 12. Circumstances beyond one's
1. Circumstances beyond one's control in these articles
are meant to be those as described In Law and jurisprudence,
being all outside causes, whether unforeseen or anticipated
over which the vendor has no control and which prevents
the vendor from fulfilling his obligations. These include
strikes within the vendors firm.
2. The vendor has the right to claim circumstances beyond
his control if there are circumstances which prevent him/her
from fulfilling his obligations, after the agreed time/date
that the vendor should have fulfilled them.
3. During this period delivery and any other obligation
which might exist will be suspended. If this period of
time takes more than thirty days, both parties are entitled
to dissolve the above agreement, with no obligation by
the vendor to pay the purchaser compensation.
4. If the vendor , when these circumstances occur, has
already begun to fulfil some of his obligations or can
only fulfil part of them, he/she will be entitled to bill
the purchaser separately as if it were a different/new
This does not apply if the goods which have already been
delivered do not have any individual value.
Article 13. Settling disputes
The judge, residing in the domicile of the vendor, is
qualified to judge any disputes which may occur, unless
the cantonal judge is licensed to do so. Nevertheless,
the vendor will be able to summon the purchaser before
that judge according to the law.
Article 14. The applicable law
Every agreement between the vendor and the purchaser
will be subject to Dutch Law. The Vienna Convention of
Sale is explicitly excluded.
Article 15. Alteration and location of
These conditions are registered with the Chamber of Commerce
in Utrecht, The Netherlands.
The applicable version of this agreement is the latest
registered version or the version which existed at the
time the agreement in question was signed.