Wizzdrum is a trademark of Hietkamp Advies BV, Zilverkarper 7, 2318 NC Leiden, The Netherlands, Nr Commerce 28062464, VAT nr NL804970531B01
These General Terms and Conditions (hereinafter referred to as “Terms&Conditions”) govern your use of this website (https://www.wizzdrum.com) and apply to all orders placed by our customers (hereinafter referred to as “you”) via this website with Wizzdrum, a trade name owned by Hietkamp Advies B.V. (hereinafter referred to as “we, our”).
We advise you to read these Terms&Conditions carefully. By using our website and/or placing an order, you agree to be bound by these Terms&Conditions. These Terms&Conditions can be saved and/or printed by you and can be accessed on every webpage.
1 – Introduction
Article 1: Definitions
The definitions stated below have the following meaning in the context of these Terms&Conditions:
- Terms&Conditions: these Terms&Conditions;
- Reflection period: the period during which you may use your right of withdrawal;
- Day: calendar day;
- Right of withdrawal: your option not to proceed with the distance agreement within the cooling-off period;
- You, you’re, your: every consumer (the natural person who does not act for purposes related to his/her commercial-, trade-, craft- or professional activities) that uses our website, places an order and/or with whom we enter into an agreement or to whom we made an offer;
- Party: you or us;
- Parties: you and us;
- Written: this shall also include electronic communications such as email and fax, provided that the identity of the sender and the authenticity of the communication is sufficiently established.
Article 2: Our contact details
The sale of products through this website is carried out by Wizzdrum, a trading name owned by Hietkamp Advies B.V. registered in the trade register with the Chamber of Commerce under Trade Register number: 28062464 and located at Zilverkarper 7, 2318 NC in Leiden. Our (Dutch) VAT identification number is: NL804970531B01.
By telephone: +31 (0)6-11325827. Monday – Friday: 9am – 5pm.
By email: firstname.lastname@example.org.
Article 3: Applicability
These Terms&Conditions shall apply to and form part of all offers, orders, purchases, and agreements from or with us, as well as all work performed by or on behalf of us.
Deviation from these Terms&Conditions may be agreed upon between Parties in consultation and only in writing.
If we do not always demand strict compliance with these Terms&Conditions, this does not mean that these Terms&Conditions are set aside. We can still require strict compliance at every moment.
We reserve the right to amend and/or supplement these Terms&Conditions. The version of these Terms&Conditions applicable to your order will be considered the version available on our website at the time of placing your order.
2 – Your data
Article 4: Privacy
3 – Use of our website
Article 5: Website
- By placing an order on our website, you certify that you are 18 years of age or older and are legally capable of entering into binding contracts (legal capacity).
- The moment you decide to use our website and/or place an order, you agree that:
- you will not make any false or fraudulent orders;
- you will provide us with correct and accurate contact details (accurate email address, postal, etc.).
4 – Our offer and the conclusion of the agreement
Article 6: Our offer
- If our offer has limited validity or is subject to certain conditions, this will be explicitly stated in our offer.
Unfortunately, we cannot guarantee the availability of products offered on our website. We have the right to withdraw products at any time.
- By clicking on the “purchase” button (or “place an order”, “buy”, “Buy”, or “Order” button), you make a binding offer to buy the goods in your shopping cart.
- After placing an order, you will receive an automated email from us acknowledging that we have received your order (“Order Confirmation” or “Order Receipt email”).
- With the receipt of the Order Confirmation, Parties have entered into a legally binding agreement.
Article 7: Refusal of orders
- We reserve the right to refuse any order you place with us, at all times (even after we have sent you an Order Confirmation) if exceptional circumstances require us to do so. We will also be entitled to refuse the following orders:
- an order that contains products which are being delivered at different times;
- an order that was placed by you without providing us with correct and accurate information (such as an incorrect email address);
- an order that exceeds the permitted maximum number of products.
5 – Our products and delivery
Article 8: Delivery
- We do our best to display the characteristics and properties (including colors and measurements) of our products as accurately as possible on our website. However, we cannot guarantee that your device can visually reproduce the colors of our products accurately. You are fully aware of this and accept any possible deviations.
- “Delivery” will be understood to have occurred when you – or a third party designated by you – acquires physical possession of the products.
- We will use the address that you have provided us with as the place of delivery.
- After we’ve processed your order, you will receive an email from us and/or a text message that contains a track & trace -link that allows you to track the package at any moment. We strive – of course – to deliver your product(s) as fast as possible and in any event, on the date set out in the Order Confirmation or, if no delivery date has been specified, within 30 days of the Order Confirmation.
- If we are unable to deliver within 30 days, we will inform you of this. In that case, you have the option to (i) proceed with your purchase and set a new delivery date, or (ii) to cancel your order with a refund of the total amount paid.
- We urge you to examine the products carefully upon receipt and detect any damage(s) that may have occurred. You must notify us about any complaints regarding the delivered products within a reasonable time upon arrival. We shall respond to a complaint within 14 days.
- The risk of damage and/or loss of products lies with Wizzdrum until the time at which the products are delivered to you or a designated third party.
- If 30 days after the first attempt to deliver the products, we have not succeeded in delivering the products, and the reason for this cannot be attributed to us, we may terminate our agreement.
6 – Prices, shipment costs, and payment
Article 9: Price
- The price of our products shall be the one quoted on our website, except when there is a manifest error. We are under no obligation to deliver our products at the incorrect price if you could have reasonably recognized the error as such.
- During the period of validity stated in the offer, the price(s) of the product(s) offered will not be increased, except in the event of price changes as a result of changes in VAT-tariffs. The prices displayed on our website (https://www.wizzdrum.com) are “final prices”. This means that they are inclusive of the applicable statutory VAT. All products delivered by us remain our property until they have been fully paid for by you.
- We offer the following payment methods: PayPal, credit card, and iDEAL.
- If you fail to fulfill your payment obligations in a timely manner (resulting, for example, from reversal), we shall first inform you of the late payment and grant you an additional term of 14 days within which to fulfill your payment obligations. If you fail to meet your payment obligations within this additional term, we are entitled to charge the statutory interest on the amount still owed and extrajudicial collection costs that it incurs. These collection costs will amount to a maximum of 15% of outstanding amounts up to € 2.500,- 10% of the subsequent € 2.500,- and 5% of the following € 5.000,- with a minimum of € 40,-. We can diverge from the stated amounts and percentages if this is in your benefit.
- Our prices can change at any time. However, such changes will not affect any order you have made and for which you have already received an Order Confirmation.
7 – Our return policy
Article 10: Right of withdrawal
- You have the right to terminate a distance contract – without giving reasons – within 14 days. The withdrawal period referred to in this paragraph expires 14 days after the day on which you, or a third party designated by you other than the carrier, have received the product.
- If you wish to make use of your right of withdrawal, you can send an unambiguous statement to email@example.com. Another option is that you use this Model Withdrawal Form: https://www.acm.nl/sites/default/files/old_publication/publicaties/12754_modelformulier-ontbinding-herroeping-2014.pdf, which, however, is not mandatory.
- We will reimburse all payments made by you, including delivery costs and excluding costs of return postage, if relevant.
- We will use the same payment method for repayment that you have used unless you agree to another payment method.
- In the event of a partial return, we will not refund the delivery costs (unless we have calculated the delivery costs per product).
- You must return the products as soon as possible, but in any case within 14 days following the one on which the notice referred to in paragraph 2 was given.
- You can find more information about our return policy on our website.
Article 11: Diminished value of the products
- If a returned product shows a defect resulting from the handling other than what is necessary to establish the nature, quality, and functioning of the product, no refund will be made by us. So please be careful!
Article 12: Exclusions to the right of withdrawal
- You are not entitled to exercise your right of withdrawal if it concerns the delivery of one of the following products:
- “Customized products”: products that are manufactured in accordance with your specifications or that are clearly intended for a specific person.
8 – Legal guarantee
Article 13: Conformity
- We are obliged to deliver products in accordance with the legal warranty (conformity). This means that you are entitled to a sound product. Within the legal guarantee period, we’ll make sure that we shall repair or – if repair is not reasonably possible – replace the product. You can read more about the legal guarantee on our website.
- You must examine the products carefully upon receipt and detect any defects and/or damage(s) that may have occurred. If you discover that something you bought is defective, you must notify us in a timely manner.
- You can send a complaint: By email: firstname.lastname@example.org.
9 – Retention of title
Article 14: Retention of title
- All products that we deliver shall remain our property until you have fulfilled all your (payment) obligations towards us.
- You undertake to keep our products safe for us with the care that we can reasonably expect from you.
- In the event that we wish to exercise our property rights, you must ensure that we – and third parties appointed by us – can access all places where our property is located, so that we will be able to recover such goods (to the extent that this is legally permitted).
10 – Our liability
Article 15: Limited liability
- We are solely liable for damages resulting from a breach of contract on our part in the compliance with any of our obligations towards you unless this breach of contract cannot be attributed to us, or people engaged by us in the execution of the agreement. To the extent that this is legally permitted, our liability is at all times limited to the amount paid by you for the purchase of the product.
- To the extent that this is legally permitted, we shall not be liable for indirect damages, including damages resulting from business stagnation, missed savings, loss of profit, fines, loss of data, or any loss of reputation.
- To the extent that this is legally permitted, we cannot be held to fulfill any obligation, if we are hindered in doing so, due to a circumstance that is not the result of a fault or negligence on our part and that neither under the law nor pursuant generally accepted principles can be considered to be for the account of Wizzdrum. To the extent that this is legally permitted, this shall include absence due to sickness, machine failure, transport problems, computer failures, interruptions to the network (internet and telephone), shortcomings and/or unforeseeable stagnation at the suppliers and/or third parties on whom we depend or strikes.
- Parties may suspend their obligations ensuing from the agreement during the period the force majeure continues, without being in default.
- Please be aware of the fact that the products that we deliver contain characteristics and properties of the materials that were used for their manufacture. For example, we use PLA for our drum sets and cases, a plastic material that was specifically developed for 3D printing.
- These characteristics and properties cannot be grounds for a complaint. You can find more information about the materials we use on our website.
- The period of limitation of all claims and defenses towards us is 1 (one) year.
11 – Intellectual property
Article 16: “Copyright”
- All intellectual property rights, including copyrights regarding pictures or images that are showcased on our website, are vested in us. Without our written consent, every use of the website https://www.wizzdrum.com or its content is prohibited.
12 – Complaints
Article 17: Complaint
- Do you have a complaint? You can contact us through email or by phone. We try to respond to you within 14 days.
- You may present a dispute to the disputes committee via the ODR platform:
13 – General provisions
Article 18: Nullity
- In the event that one or more stipulations of these Terms&Conditions are null and void or voided, the remaining provisions of these Terms&Conditions and the agreement will remain fully in force. The provisions that are not legally valid or that cannot legally be applied will be replaced with provisions that are in line with the purport of the provisions to be replaced to every extent possible.
Article 19: Transfer of rights
- You are not allowed to transfer or assign any of your rights and/or obligations under these Terms&Conditions to another party without our prior written consent.
Article 20: Applicable law and disputes
- All legal relationships between the Parties are governed by Dutch law.
- Parties will always try to resolve a complaint or dispute through consultation.
- All disputes arising from or in connection with you or any third party, resulting from or relating to these legal relationships and which cannot be settled amicably, shall be submitted to the exclusive jurisdiction of and shall be exclusively decided by, the competent court (in the Netherlands).
*A Dutch-language version of these general terms and conditions is also available. In the event of a dispute regarding the contents or the scope of these Terms&Conditions, the Dutch text prevails.