Sales & refund policy
Version 1, March 25 2011
Article 1. General
1.1 In this document 'Musicmask' is the Musicmask company, based in Amsterdam, the Netherlands.
1.2 In this document 'Other party' is the buyer.
1.3 In this document 'Websites' means: All Internet domain names registered by Musicmask and the associated websites that are accessible via the Internet.
1.4 In this document 'The product' means: The Musicmask product.
1.5 Unless otherwise agreed upon by e-mail with Musicmask, the general or specific conditions or stipulations of third parties are not recognized by Musicmask.
1.6 If any part of these Terms and Conditions is invalid or unenforceable, the remaining provisions of these Terms and Conditions remain in full force and parties are bound to make efforts for a replacement clause that represents valid and original intentions of the parties as much as possible.
Article 2. Appropriate law; disputes.
2.1 The Dutch Law is applicable to all offers, agreements, deliveries and services produced or brought out, entered into, performed or executed by or on behalf of Musicmask, with the exception of the applicability of the treaty of the United Nations concerning international trade agreements relating to movable goods (Vienna Trade Treaty).
2.2 All disputes also including those which are only considered as such by one party, resulting from or connected with an agreement to which these Conditions are applicable or the execution thereof and which cannot be solved amicably will be settled in the first instance by the District Court of the district in which Musicmask is located, with the proviso that if a particular judge is imperatively appointed as competent judge then the dispute will be decided in the first instance by the judge so appointed, one way or the other without prejudice to the right of Musicmask to seizure or from taking other provisional measures at the place(s) and before the legal bodies that Musicmask wishes.
2.3 The provisions of Clause 23.2 leave intact the right of the Supplier to bring the dispute before a judge qualified according to the normal competency rules or to obtain a settlement by means of arbitration or binding advice.
Article 3. Contents
3.1 Musicmask reserves all rights and is not responsible for the topicality, correctness and completeness of the information that can be found on the Websites. Liability claims regarding damage caused by the use of the information on the Websites will therefore be rejected. Musicmask has the right to change the content of the Websites including promotions at any time and without prior notice. Any prices specified are only valid for the quantities offered.
3.2 Musicmask is not responsible for the content of pages referred or "linked" to on other sites. If Musicmask is notified of illegal content on any site to which it refers, Musicmask will promptly remove those links. If there is damage caused by the use of information found on pages that are referred to, the author of the respective pages is responsible for that content and Musicmask is not liable. In addition, Musicmask is not responsible or liable for the content of messages on the Websites sent by or on behalf of third parties.
3.3 Musicmask has at its best knowledge not used copyright protected material on the Websites and makes a reference to the source of information where applicable and possible. Musicmask reserves all copyrights regarding the content of the Websites. Publication of this information by third parties is only allowed after written permission from Musicmask.
Article 4. Offers and delivery
4.1 All offers are without obligation unless expressly stated otherwise by Musicmask.
4.2 Musicmask can not be held to its offer if the customer should have understood that the offer, or a part thereof, contains an obvious mistake or error.
4.3 All communications with Musicmask with regard to the The product can only take place by e-mail. E-mail can only be answered by Musicmask in Dutch or English and we strive to respond to every e-mail within 24 hours.
4.4 Payment for The product can only be made through payment methods that are mentioned on the Websites at the time of purchase. Any prices specified are only valid for the quantities offered. Except when otherwise explicitly notified in writing prices are:
-in Euro and include sales tax, unless stated otherwise. For payments made to Musicmask the Dutch sales tax (BTW) rate is applied;
- exclusive of import duties and other taxes, levies and duties;
4.5 About the Musicmask 10 day money back guarantee. A payment for The product may, within 10 days after submission to Musicmask, be reclaimed from Musicmask by sending The product back to Musicmask. The refund will be made via the same payment method that was used to make that payment. If payment was made in a currency other than Euro, then any exchange rate difference will be on account for or in benefit of the payer. Return is only possible when the product is in absolute brand new state, without any damages or scratches. This is evaluated by Musicmask after receipt of your product. Very important is that the retail packing of the product must be in original new condition. Therefore be sure to store the original retail packing with manual, etc. When you return your device make sure you do not use the retail packing as shipment carton. Tip : keep the carton box that we used to ship to you, then you can use this. The shipping cost for return is for buyer. The risk during shipping is for buyer.
4.6 Musicmask is obliged to observe the specified delivery time or delivery period as much as possible, yet will never be liable if they are exceeded and when they are exceeded Musicmask is not obliged to provide any compensation for damages. Exceeding a delivery time or delivery term does not give the Other Party the right to terminate or to dissolve the agreement or to refuse to purchase goods. In cases where a delivery time or term is exceeded excessively the parties must consult with each other
4.7 Additions, modifications and/or further agreements are effective only if agreed upon with Musicmask by e-mail.
Article 5. Transport and packing.
5.1 Unless indicated in writing by the Other Party to Musicmask, the manner of packing, transport, shipment etc, of goods is a matter completely at the discretion of Musicmask and will be determined with the care which reasonably can be expected from Musicmask.
5.2 Any specific wishes the Other Party may have with regard to packing and/or transport, will only be performed if the Other Party pays the costs involved. Furthermore, Musicmask is entitled not to honour specific wishes from the Other Party with respect to packing and/or transport which have not previously been explicitly agreed.
Article 6. Credit Card Information
6.1 When paying with a credit card, the credit card information such as credit card number and expiration date, are only to be mentioned on the designated SSL-secured payment page. Musicmask does not obtain this information and has no insight into this information in any way.
6.2 Credit card details should never be send by e-mail.
6.3. Musicmask employees will never ask for credit card details.
Article 7. Privacy
7.1 Musicmask respects the privacy of visitors to its Websites and of those whom contact us by e-mail. Musicmask is the sole owner of the information obtained through these means, unless indicated otherwise. This information is not shared with, sold or rented to third parties by Musicmask, unless indicated otherwise.
7.2 Musicmask collects non-personal information about visitors to the Websites, to determine the number of visitors, as well as the type of browser and computer operating system that is used, as well as the country of origin of the visitor, and the paths leading to, on and from the content on the Websites are monitored. This non-personal information is only used to enhance the Websites as well as the experience of visitors to the Websites.