GENERAL TERMS & CONDITIONS
Baranka - General Terms & Conditions
(0) General Terms & Conditions
This website is operated by Place Here B.V. on behave of Baranka , having its address at Zilverenberg 21, 5234 GL ’s-Hertogenbosch, The Netherlands, registered with the Chamber of Commerce under number: 82836841, VAT number: NL862622505B01 Throughout the site, also further referred to as the terms “we”, “us” and “our”. We offer this website, accessible via the URL: https://www.shop.baranka-music.com/ (“Website”) and to any use by you (“you” or “Customer”) of the Webstore including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service, made available by us on the website, carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the website or use any services or cease to use it. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. However the purchase of goods is for natural persons only not acting in the course of a profession or a business. Should you be acting in a professional manner, you should contact us.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. As we will not directly and personally inform you about these amendments, it is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
(1) Online store terms and content:
By agreeing to these Terms of Service, you warrant us to be 1) at least 18 years old and are the age of majority in your residence & 2) legally capable of entering into binding agreements. If either is not the case, you warrant that a parent or guardian accepted these Terms on your behalf and has given consent to allow you to use this site.
All (intellectual property) rights in relation to the Webstore and Products are the sole and exclusive property of Place Here B.V. and/or Baranka and/or its licensors. This includes, but is not limited to, pictures, photos, brand names, trademarks, audio, video and written text (“Content”).
When using the Webstore, you are strictly prohibited to:
- upload or post illegal and infringing materials, false or defamatory statements, as well as indecent, harmful content, in any way or form.
- (execute) malicious code (including viruses and Trojan horses), reproduce, duplicate, modify, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore or the Content.
- impersonate any person or entity or misrepresent your affiliation with any other person or entity.
- act in a manner (risking) to impair the Webstore or its Content, in any way or form. This includes the overburdening of the Webstore and the gaining of unauthorized access to the Webstore and Webstore data, in any way or form.
You are not allowed to use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
(2) General conditions:
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
(3) Accuracy, completeness and timelines of information:
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Any offer made on this Webstore contains a description of the Product. Any images and size charts displayed in the Webstore provide an indicative representation of the Product.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
(4) Service and prices:
Unless specified otherwise, all prices are expressed in Euros and are excluding VAT, unless specified otherwise. Prices in your local currency may change due to differences in exchange rates.
Prices include delivery and handling costs when specified.
Local import duties and local taxes may be levied to Products that are shipped outside the European Union. We have no influence on this. You are responsible for the payment of these local import duties and local taxes, which may be imposed once the Product reaches the final destination. We cannot provide you an estimation of these local import duties and local taxes.
Prices for our products are subject to change without notice.
Prices and listings in the Webstore, in our communications and/or in our advertisements may be incorrect. We are not liable for, nor bound to incorrect prices or factual errors on the Webstore. if this is an evident mistake or error. In the case where the value of the Product is higher than the indicated price. We have the right to reject the purchase order. In the case where the value of the Product is lower than the indicated price, we will ship the purchased item against the correct price of the Product.
Our Webstore accepts a range of different payment methods. We have the right to assess, to the extent permitted by law, whether the Customer will be able to meet its payment obligations following from the order and we have the right to refuse an order if it has doubts on this, or to request further safeguards. When paying by credit or debit card, the Customer confirms that the card is 1) registered on his/her name and 2) is entitled to use the card 3) also confirms to have adequate funds to cover card costs and charges that may be connected to the purchase.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
All the ordered and shipped Products remain our property, until the Customer has fulfilled its irrevocable (financial) obligations that stem from the agreed purchase.
We will process, and ship ordered Products as soon as possible, but not later than thirty (30) business days, unless another delivery period has been agreed. In most cases, the ordered Product is shipped within 3 business days.
Once the ordered Product has been shipped, you will receive tracking information in the shipping confirmation email provided. We are not responsible for lost Products due to a shipping address that is provided incorrectly. Delivery to a PO Box is not possible. The customer is asked to first contact the shipping company indicated in your confirmation email, if the ordered Product has not arrived within the indicated shipping time.
Shipping and delivery dates are an indication only and should never be seen by the customer as a strict deadline.
The risk of any damage, loss, and depreciation of ordered Products rests with us until the moment of delivery of the Product to the Customer at the address provided by the Customer, unless agreed otherwise.
The Customer is required to inspect the received Product for damages. When a delivered Product is damaged or incomplete, the Customer should contact us forthwith.
We may require photographic evidence before damaged or incorrect Products can be returned.
(6) Products or service (if applicable):
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
All Purchase orders should be made via the Webstore. Orders cannot be made via other methods, for example via the telephone, email or social media. Neither is it possible to get in touch with artists via our customer service.
You are entitled to cancel the purchase agreement with us within fourteen (14) days after receipt of the Product. and return the Product within 14 days after that. When you cancel the purchase agreement you must follow our return policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
In our Webstore, we aim to deliver Products that are of satisfactory quality and reasonably comply with the provided specifications on the Webstore. To the best of our knowledge, Products comply with applicable Dutch laws and regulations regarding safety and usability.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
(7) Accuracy of billing and account information:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
The Customer may – but is not obliged to – make a user account on the Webstore before placing an order. The Customer should at all times maintain the confidentiality of the account’s username and password. The Customer is solely responsible for all activities that occur under this account. In case of breach of the user account, We should be notified immediately by the Customer, in order to block the account
(8) Optional tools:
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
(9) Third-party links:
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
(10) User comments, feedback and other submissions:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
(11) Personal information:
(12) Errors, inaccuracies and omissions:
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
(13) Prohibited uses:
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
(14) Disclaimer of warranties; limitation of liability:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the lowest extent permitted by law.
You agree to indemnify, defend and hold harmless Place Here B.V. and Baranka and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
(18) Entire agreement:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
(19) Governing law - language:
The English-language text of these Terms will be considered as leading, in the case discrepancy arises with translations of these Terms.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.
As far as legally permitted, the district court of Amsterdam, the Netherlands, is exclusively competent in case of any claim or dispute arising out of or in relation to these Terms.
(20) Changes to terms of service:
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
(21) Contact information:
If you have any queries about these Terms, please contact our customer services via firstname.lastname@example.org
The Netherlands, November 2022