GENERAL CONDITIONS OF SALE OF KOWA MUSIC STORE B.V. (Ultimatehousemerchandise.com).
1.1 These General Conditions of Sale (hereinafter: the Conditions) apply to all offers,
orders and contracts of ultimatehousemerchandise.com to the exclusion of any other general terms and
conditions. These Conditions can also be consulted on our website:
http://www.ultimatehousemerchandise.com. In these general conditions, Kowa Music Store B.V.. will be referred to as
1.2 The acceptance of an offer or placing of an order is construed as meaning that you
accept the applicability of these Conditions.
1.3 Variations from these Conditions are only possible if made in writing, in which case the
other stipulations remain in full force.
1.4 All rights and entitlements in favour of Ultimatehousemerchandise, as stipulated in these Conditions and in
any further contracts, are likewise stipulated in favour of intermediaries engaged by
2.1 All offers of difraxshop.com are subject to contract and Ultimatehousemerchandise expressly reserves the
right to change the prices, especially when that is necessary pursuant to statutory or other
regulations. See also article 3.6.
2.2 A contract is only concluded after your order is accepted by Ultimatehousemerchandise.com. Ultimatehousemerchandise is
entitled to reject orders with good reason or to attach special conditions to the delivery,
unless explicitly stipulated otherwise. If an order is not accepted, Ultimatehousemerchandise shall inform you
of this within ten (10) working days of receipt of the order.
3. Prices and payments
3.1 The prices quoted for the products and services offered for sale will be quoted in
euros, inclusive of VAT and exclusive of handling charges, postage and any taxes or other
levies, unless stated otherwise or otherwise agreed in writing.
3.2 Payment can be made in any of the manners specified during the ordering process. If
payment is made by credit card or via iDEAL, the order will dealt with immediately after
4.1 Ultimatehousemerchandise will endeavour to supply the goods as soon as possible, unless
specified otherwise by Ultimatehousemerchandise. If the delivery is not shipped on time, you will receive a message
within 20 days of placing the order and you will have the right to cancel the contract free
of charge up to the time of delivery by notifying Ultimatehousemerchandise in writing. Failure to meet the
deadline for delivery will not entitle you to any compensation.
4.2 Transfer is effected at the time that you (or someone on your behalf) take receipt of
5. Retention of title
5.1 Ownership of delivered products is transferred when you take receipt of the product.
6. Intellectual and industrial property rights
6.1 All intellectual and industrial property rights which are vested in the products supplied
by Ultimatehousemerchandise shall be accepted by you in full and unconditionally.
6.2 Ultimatehousemerchandise does not guarantee that the products supplied to you will not infringe any
intellectual and/or industrial property rights of third parties (including unwritten rights).
7. Complaints and liability
7.1 You have an obligation to inspect the supplied products immediately after delivery.
You should report any defects found to Ultimatehousemerchandise in writing within seven (7) days of discovery
stating the reason for your complaint.
7.2 If it is established that the products do not conform to the contract, then, on return of
the products concerned, Ultimatehousemerchandise may choose to replace them with new products or to
refund the purchase price plus the postage you paid to send back the products.
7.3 If you do not wish to purchase a product for any other reason, you have the right to
return the product to Ultimatehousemerchandise and cancel the contract within seven (7) working days of
delivery. Returned goods will only be accepted in this case if the product packaging is
undamaged. The payment received by Ultimatehousemerchandise will be returned to you within (30) days of
the cancellation at the latest. The direct cost of returning the goods will be for your
8.1 Ultimatehousemerchandise is not liable for misunderstandings, data corruptions, delays or the failure of
orders and messages to come through properly as a result of use of the Internet or any
other means of communication in the communications between you and Ultimatehousemerchandise, or between
Ultimatehousemerchandise and third parties in so far as they concern the relationship between you and Ultimatehousemerchandise,
unless and in so far as an intentional act or gross negligence on the part of Ultimatehousemerchandise may be
9. Force majeure
9.1 Without prejudicing any other rights belonging to Ultimatehousemerchandise, in the event of force majeure
Difrax has the right at its own discretion to postpone the fulfilment of your order, or to
cancel the contract without judicial intervention, by informing you of this in writing,
without Ultimatehousemerchandise being held liable for any compensation, unless, in the given circumstances,
this would be unacceptable by standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming which cannot be ascribed to
Ultimatehousemerchandise, because it is not Ultimatehousemerchandise’s fault and because Ultimatehousemerchandise is not accountable for it by law,
legal act or according to generally accepted standards.
10.1 If you advise Ultimatehousemerchandise in writing of an address, Ultimatehousemerchandise is entitled to send all orders to
that address, unless you advise Ultimatehousemerchandise in writing of another address to which the orders
should be sent.
10.2 If Ultimatehousemerchandise permits variations from these Conditions, whether or not these are tacit
variations, and whether for a short or longer period of time, this does not affect its right
nevertheless to demand immediate and strict compliance with these Conditions. You can
never have any right enforced on the grounds of the fact that Ultimatehousemerchandise has applied these
Conditions flexibly in the past.
10.3 If one or more of the stipulations of these Conditions or of any other contract with
Ultimatehousemerchandise should be in conflict with any applicable legal regulation, the stipulation in question
will cease to apply and it will be replaced by a new, similar, legally permissible stipulation
to be determined by Ultimatehousemerchandise.
10.4 Ultimatehousemerchandise is entitled to make use of third parties to fulfil your order(s).
11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and contracts to which these Conditions apply,
and also these Conditions themselves, are exclusively governed by Dutch law.
11.2 Disputes between parties will only be submitted to the competent court for these
matters in the Netherlands.
Kowa Music Store B.V.
6031 RK Nederweert
Chamber of Commerce (The Netherlands) 54059267