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 or industry.
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 or industry.

Article 2. Applicability of aforementioned conditions

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 days only.
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 clerical error.
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 Netherlands.
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 goods.
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 in full.

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 control

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 contract.
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 conditions

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.