General terms and conditions – Rojo Guitars

Date: 01-01-2024

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity, warranty, risk and liability
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Insurance
Article 16 – Additional or deviating provisions

Article 1 – Definitions
In these conditions the following definitions apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into an agreement with the entrepreneur;
3. Day: calendar day;
4. Right of withdrawal: the option for the consumer to cancel the agreement within the cooling-off period;
5. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
6. Distance agreement: an agreement whereby in the context of a system organized by the entrepreneurdistance selling of products and/or services is exclusively used up to and including the conclusion of the agreementof one or more techniques for remote communication;

Article 2 – Identity of the entrepreneur
Jos van Rooijen, Rojo Guitars
Verlaat 25b, 3901RD Veenendaal
Phone number: 0031-644878342
Website: www.rojoguitars.com
Chamber of Commerce number: 92344690
VAT identification number: NL004952436B37

Article 3 – Applicability
1.These general terms and conditions apply to every offer from the entrepreneur and to every agreement concluded between the entrepreneur and the consumer.
2. Before the agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. consumer can be stored in a simple way. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

Article 4 – The offer
1. Talking to us about your wishes and needs for a custom-made instrument is free and we do not charge for providing a no-obligation quote.
2. Every offer has a limited validity of 14 days. If an offer has a different period of validity or is made subject to conditions, this will be expressly stated in the offer.
3. The offer contains a description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. The offer can be made in writing, electronically or orally. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:the price including taxes;the possible costs of delivery;whether or not the right of withdrawal applies;the method of payment, delivery and execution of the agreement;the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
5. After acceptance of the offer, this document is binding on us in that we will not change the price of the instrument to be purchased unless you request a major change after we have started construction. In that case, we will make you a quote for the additional work. The offer is only binding for you after you have paid your deposit.

Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer, the entrepreneur will confirm receipt of acceptance of the offer within a reasonable period.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations and all those facts and factors that are important for a responsible conclusion of the agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the product or service with the following information in writing or in such a way that it can be accessed by the consumer in an accessible manner:where consumers can go with complaints;the conditions under which and the manner in which the consumer can exercise the right of withdrawalthe information about warranties and after-sales service;the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

Article 6 – Right of withdrawal
When delivering products:
1. If you have ordered a ready-made instrument, you have 14 working days to return the instrument if you are not satisfied with it. In this (unlikely) event, you must notify us in writing (by email) and return the instrument at your own expense. The additional payment of 50% of the total amount will be refunded after deduction of costs incurred or damage suffered and shipping costs. For custom instruments, due to the unique nature of the instrument ordered, once we have begun building an instrument to your specifications, it will be very difficult, if not impossible, to resell it. Therefore, a custom order is final and there is no refund of the deposit once we have started construction. Please take this into account before you decide to place the order. In the simplest terms, if you have sent us money for a deposit on a custom order, please consider your order binding.
2.During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.When providing services and repairs:
3. When providing services, the consumer has the option to terminate the agreement without giving reasons, insofar as the implementation of the agreement has not yet started.
4. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
5. The consumer will always indicate in writing that he is exercising his right of withdrawal.

Article 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal for products or services and repairs that have not yet started, he will be responsible for a maximum of the costs of forwarding and returning.
2. If the consumer exercises his right of withdrawal for services and repairs after the start of the work, costs incurred by the entrepreneur, materials ordered and services provided will be spent on the implementation of the agreement until the moment of written termination by the consumer to the entrepreneur. be fully reimbursed.
3. If the consumer has paid an amount in advance, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after receipt of the return or cancellation.
4. The risk of damage and/or loss of products sent by the consumer rests with the consumer until the moment of delivery to the entrepreneur, unless expressly agreed otherwise.

Article 8 – Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer’s right of withdrawal as part of the offer. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is possible for products:Products used for which this has been clearly stated prior to concluding the agreement, which have been created by the entrepreneur in accordance with the consumer’s specifications;Which are clearly personal in nature;Which by their nature cannot be returned;Products of which the consumer has broken the seal;Services and repairs of which the delivery has started with the consent of the consumer before the cooling-off period has expired;

Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases after the conclusion of the agreement are only permitted if:The entrepreneur has stipulated this and during the offer:These are the result of legal regulations or provisions; orThe consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.All our prices are stated with 21% VAT, unless stated otherwise. For customers from EU countries: unless you are a retailer or professional musician with a valid VAT number, we must charge the Dutch VAT of 21%. If you have a VAT number, please provide this to us at the time of ordering. For orders from outside the EU: You are responsible for all import duties, customs fees and other applicable fees. If the instrument is shipped with an official carrier, we do not have to charge Dutch VAT, but the carrier will charge the applicable import duties and customs fees. If the instrument is collected in person, we will have to charge VAT, but we will take care of the necessary paperwork to claim it back from customs. We have paid the utmost care to the appearance and content of (this website and) Social Media and do our best to keep everything up-to-date and error-free. In concrete terms, this means that you can hold us to the prices stated here for instruments and repairs. However, we reserve the right, as explained in the price list for repairs, to adjust prices when appraising a relevant instrument. Other price changes are also reserved at all times. The following applies to repairs: you will receive a repair message by e-mail with a quote or this will be discussed by telephone. Once we have started work on your instrument, you cannot cancel the repair.

Article 10 – Conformity, Warranty, Risk and Liability
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations.
2. The entrepreneur provides the consumer with a 90-day warranty on used products and services/repairs, from the invoice date, unless otherwise agreed. The basic principle here is that the consumer uses the product in a normal manner for the purpose for which it is intended. In the case of services/repairs, the warranty only applies to the repair carried out and not to the entire end product. If the repaired item becomes defective again within the warranty period, the consumer can return it to:entrepreneur with the defective product and opt for a refund of the invoice amount, whereby the entrepreneur keeps the defective product for spare parts and materials. You can also opt for additional repairs, whereby in the event of repairs the additional repair costs will be borne by the consumer.
3. Warranty on new products is 2 years after the invoice date. The guarantee is provided on the basis of returning or returning products to the entrepreneur’s address. The entrepreneur will assess whether the intended defect is actually covered by the warranty or is the result of unlawful use by the consumer. Costs for sending to the entrepreneur or to the consumer will be borne by the consumer. Products manufactured and sold by Rojo Guitars are warranted against defects in material or workmanship to the original purchaser for the period of 2 years after purchase.Damage caused by improper handling, storage or during transport is not covered by the warranty. Place of performance is Veenendaal, Netherlands. Dutch law applies. Application of CISG is expressly excluded. If you are dissatisfied with a repair, an adjustment for example, please do not wait too long to complain; we will do everything we can to solve any problems.
4. Working on musical instruments and equipment submitted for repair always involves the risk of unforeseen damage or defects, including due to aging and weakening of materials or incorrectly applied techniques during construction by third parties. The entrepreneur will always work with the utmost care on musical instruments and equipment offered and will, if possible, resolve this as best as possible in the event of damage or defects. You can of course expect us to handle your instrument with care. If any unexpected damage occurs to your instrument (a scratch, for example), we will of course solve it (that is our job) and if that proves not possible, we will reimburse the damage. Sometimes, however, damage cannot be prevented: for example, on lacquered maple fingerboards of certain vintages of (bass) guitars from the Fender brand, the lacquer falls off when you look at the fingerboard. Damage that we cannot prevent is therefore always excluded from this warranty. A tip: preferably leave your instrument in a cover or case.
5. Consumers are aware that there is a risk of damage and defects due to services and that the entrepreneur is not liable for direct or indirect damage/defects to the musical instruments and equipment offered. The entrepreneur is not liable for personal injury or consequential indirect damage as a result of products or services supplied or entering the entrepreneur’s business premises.

Article 11 – Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving goods for services and repairs and when executing orders.
2. The place of delivery is the address that the consumer has made known to the entrepreneur or the address that the entrepreneur has made known to the consumer.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously or if a delivery period has been agreed in accordance with the agreed delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this within a reasonable period. In that case, the consumer has the right to terminate the agreement without costs, but is not entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. Prior to delivery, the entrepreneur will offer the consumer the choice of accepting or rejecting an alternative. If a replacement item is accepted, the right of withdrawal cannot be excluded. In the event of a right of withdrawal for a replacement item, the costs of any return shipment will be borne by the entrepreneur. If the consumer rejects the replacement item, the entrepreneur will refund any payments made in accordance with Article 7.3
6. The risk of damage and/or loss of products sent by the entrepreneur rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer for products, services and services must be paid to the entrepreneur prior to delivery on the basis of advance payment. To make a custom order binding on both parties, we require a non-refundable 50% deposit before we start construction. The remaining balance (plus shipping, etc. if applicable) is due prior to shipment or collection of the instrument. If products, services and services are collected by the consumer from the entrepreneur, payment must be made by payment request, transfer, pin or cash upon delivery or on the basis of advance payment. Repairs are (usually) paid for after we have completed our work. However, you cannot take your instrument with you without the invoice being paid in full.
2. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 13 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable period, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication when the consumer can receive a more detailed answer.to expect.

Article 14 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 15 – Insurance
Most of our customers have insurance for their instrument. We assume that you are responsible for the insurance of your (often expensive) instrument, and this is also valid if your instrument is in our repair facility. This is the current insurance at all times: this means that your own insurance company will be contacted in the first instance in the unlikely event of fire, theft or loss. However, if you are not insured yourself, we have taken out so-called additional insurance that we can use in the event of fire, theft or loss.

Article 16 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner.

WEBSITE DISCLAIMER:
Rojo Guitars accepts no liability for any direct or indirect damage, of any nature whatsoever, arising from or in any way related to the use of our website or statements on various social media.

PRIVACY
Orders are placed by email. For this purpose, your name, e-mail address and all other relevant data for ordering, billing and shipping are processed via our e-mail servers and stored on our computers. We do not provide data to third parties unless:• we are legally obliged to do this (this includes acquiring, for example, CITES documents, if applicable)• it is necessary for shipping and related customs processes. We keep all data until the expiry of the fiscal retention period (7 years) or longer if necessary (such as CITES documents). The data name, address, purchased goods and date of purchase are also kept until the end of product liability (10 years).You have the right to information, correction, deletion, restriction, data portability, revocation and objection. If you believe that the processing of your data violates data protection law or if your data protection claims have been violated in any other way, you can file a complaint with the Dutch supervisory authority, which is the Dutch Data Protection Authority.