Terms and Conditions – 10XCREW (AUTHORISED E-COMMERCE PARTNER OF POLK AUDIO)
Table of contents:
Article 1 - Definitions
Article 2 - Company details
Article 3 - Scope
Article 4 - Offer
Article 5 - Contract
Article 6 - Right of withdrawal
Article 7 - Consumer obligations during the cooling-off period
Article 8 - Exercise and costs of the consumer's right of withdrawal
Article 9 - Trader’s obligations in the event of withdrawal
Article 10 - Exceptions from the right of withdrawal
Article 11 - Price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and implementation
Article 14 - Continuing performance transactions: term, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Data processing
Article 18 - Disputes
In these terms and conditions, the following definitions shall apply:
- Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services under a distance contract and these products, digital content and/or services are provided by the trader or by a third party on the basis of an agreement between that third party and the trader;
- Cooling-off period: the period of time during which the purchaser may exercise his or her right of withdrawal;
- Consumer: the natural person whose actions are not associated with trade, business, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Continuing performance contract: a contract for the regular provision of goods, services and/or digital content during a specified period;
- Durable data carrier: any device – including e-mail – that enables the consumer or trader to store information that is addressed to him or her personally in a way that allows future consultation or use for a period that is in line with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Trader: the natural person or legal entity that offers products, (access to) digital content and/or services to consumers remotely;
- Distance contract: a contract concluded between the trader and the consumer as part of an organised system to sell products, digital content and/or services remotely whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for remote communication;
- Standard withdrawal form: the standard European withdrawal form set out in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal for his or her order;
- Techniques for remote communication: means that are used to conclude a contract without the consumer and trader meeting in the same room at the same time.
10xCREW B.V. (‘trader’) is the authorised e-commerce partner for the products and services offered within the webshop of D&M Europe B.V., operating under the name Polk Audio. 10xCREW manages the Polk Audio webshop and is responsible for processing orders, arranging shipment and providing customer care.
10xCrew Business address:
2153 PL Nieuw-Vennep
10xCREW office address:
Don Boscostraat 4
5611 KW Eindhoven
10xCREW contact details:
+44 (0)2081034770 available on business days from 8AM to 4PM.
10xCREW formal corporate details:
Chamber of Commerce no.: 66388554
VAT identification number: NL856528493B01
- These general terms and conditions apply to any offer made by the trader and to any distance contract concluded between the trader and the consumer.
- Before the distance contract is concluded, these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall communicate before concluding the distance contract how the general terms and conditions can be obtained from the trader and that they shall be sent free of charge as soon as possible at the consumer's request.
- Notwithstanding the previous paragraph, in the case of an electronic distance contract, these general terms and conditions may be made available to the consumer electronically before the conclusion of the distance contract, in a way that allows the consumer to easily store them on a durable data carrier. If this is not reasonably possible, the trader shall communicate before concluding the distance contract where the general terms and conditions can be accessed electronically and that they shall be sent electronically or by other means free of charge at the consumer's request.
- If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions, the consumer may always invoke the applicable provision most favourable to him or her.
- If an offer has a limited period of validity or is made under certain conditions, this shall be expressly stated in the offer.
- The offer must contain a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to allow the consumer to assess the offer properly. If the trader uses images, they must be a true representation of the products, services and/or digital content offered. The trader shall not be bound by any obvious mistakes or obvious errors in the offer.
- The information in each offer must make the rights and obligations associated with the acceptance of the offer clear to the consumer.
- Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions set out in the offer.
- If the consumer has accepted the offer electronically, the trader shall confirm receipt of the offer electronically immediately. As long as the trader has not confirmed its acceptance, the consumer may still terminate the contract.
- If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures to this end.
- The trader may within the legal framework ascertain the consumer's ability to meet the payment obligations and all the facts and factors that are important for the responsible conclusion of the distance contract. If this assessment gives the trader reasonable grounds not to conclude the contract, the trader is entitled to refuse an order or request or to set special conditions for its execution.
- The trader shall make sure that, at the latest, the following information is provided to the consumer upon the delivery of the product, service or digital content to the consumer, either in writing or in such a way that allows the consumer to store it easily on a durable data carrier:
- the price – including all taxes – of the product, service or digital content, the delivery charge if applicable, and the method of payment, delivery or execution of the distance contract;
- the street address of the trader's company to which the consumer can address any complaints
- the conditions and method for exercising the consumer's right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- if the consumer has a right of withdrawal, the standard withdrawal form.
- the requirements for terminating the contract if the contract has a term of more than one year or is open-ended;
- information about warranties and the after-sales service provided, which is under the responsibility of Polk Audio.
- In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
- The consumer may terminate a contract relating to the purchase of a product during a cooling-off period of at least 30 days without providing any reason. The trader may ask the consumer for the reason(s) of the withdrawal, but may not oblige the consumer to state the reason(s).
- The cooling-off period referred to in paragraph 1 shall commence the day after the product has been received by the consumer or a third party other than the carrier designated in advance by the consumer, or:
- if the consumer has ordered several products in one and the same order, the day when the last product has been received by the consumer or a third party designated by the consumer. The trader may refuse an order for several products with different delivery times, provided that the trader has clearly informed the consumer of this in advance of the order process;
- if the delivery of a product consists of several consignments or parts: on the day when the final consignment or part is received by the consumer or a third party designated by the consumer;
- in the case of contracts for the regular supply of products during a given period, on the day when the first product is received by the consumer or a third party designated by the consumer.
In the case of services and digital content not provided on a physical carrier:
- The consumer may terminate a service contract and a contract for the supply of digital content not provided on a physical carrier during at least 14 days without giving any reasons. The trader may ask the consumer for the reason(s) of the withdrawal, but may not oblige the consumer to state the reason(s).
- The cooling-off period referred to in paragraph 3 shall commence the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not provided on a physical carrier if the right of withdrawal was not communicated:
- If the trader failed to provide the consumer with the legally required information on the right of withdrawal or the standard withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period given in the previous paragraphs of this article.
- If the trader provides the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day the consumer received that information.
- The consumer shall handle the product and packaging with care during the cooling-off period. The consumer shall unpack or use the product only to the extent that is necessary to determine the nature, characteristics and operation of the product. The principle here is that the consumer is only allowed to handle and inspect the product the way he or she would be allowed to do in a physical shop.
- The consumer shall only be liable for the product's diminished value if the product has been handled in a way that goes beyond what is permitted in paragraph 1.
- The consumer shall not liable for any diminished product value if the trader has not provided the consumer with all legally required information about the right of withdrawal before or upon the conclusion of the contract.
- If the consumer exercises his or her right of withdrawal, the consumer must inform the trader within the cooling-off period by using the standard withdrawal form or in another unambiguous way.
- The consumer shall return the product or provide it to (an authorised representative of) the trader as soon as possible and certainly within 14 days of the day following the notification referred to in paragraph 1. This is not necessary if the trader has offered to collect the product itself. In any case, if the consumer returns the product before the cooling-off period has expired, the consumer has observed the return period.
- Polk Audio shall make available a return label to the consumer for the return of the products. If the consumer chooses to return the products without any prior communication or by using an alternative shipping method, the costs shall be borne by the consumer and the right to reimbursement or compensation shall lapse.
- If the consumer chooses to return the products without any prior communication or by using an alternative shipping method, the costs shall be borne by the consumer and the right to reimbursement or compensation shall lapse.
- The consumer shall return the product with all the accompanying accessories – if reasonably possible in their original condition and packaging – and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- If the consumer, after first having specifically requested the provision of the service to start during the cooling-off period, then withdraws, the consumer shall owe the trader a proportional amount for that part of the obligation that the trader has already met at the time of the withdrawal based on the full service commitment.
- The consumer shall not bear any costs for the provision of services if:
- the trader has not provided the consumer with the legally required information on the right of withdrawal, the refund of expenses in the event of withdrawal or the standard withdrawal form, or
- the consumer has not specifically requested the start of the service during the cooling-off period.
- The consumer shall not bear any costs for the full or partial delivery of digital content not provided on a physical carrier if:
- prior to the delivery, the consumer has not specifically agreed to start the execution of the contract before the end of the cooling-off period;
- the consumer has not acknowledged the loss of his or her right of withdrawal by giving his or her consent thereto; or
- the trader has failed to confirm this declaration by the consumer.
- If the consumer exercises his or her right of withdrawal, all additional contracts shall be terminated by operation of law.
- If the trader allows the consumer to notify his or her withdrawal electronically, the trader shall send immediately acknowledge receipt of this notification.
- The trader shall refund all payments made by the consumer without delay and no later than 30 days after the day the consumer notified the trader of the withdrawal. The refund shall take place after the product has been returned or when the consumer has demonstrated that the product has been returned, whichever is earlier.
- The trader shall use the same method of payment as the consumer for the refund, unless the consumer agrees to another method. The refund shall be free of charge to the consumer.
- If the consumer opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional charges for the more expensive method.
The trader may exclude the following products and services from the right of withdrawal, provided that the trader clearly states this in the offer well in advance of concluding the contract:
- Products or services the price of which is subject to fluctuations in the financial markets over which the trader has no control and that may occur within the withdrawal period;
- Contracts that were concluded during a public auction. A public auction is defined as a sales method used by a trader to offer products, digital content and/or services to a consumer who is or has the opportunity to attend the auction in person under the direction of an auctioneer, after which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements after full execution of the service, but only if:
- the execution has started with the consumer's specific prior consent; and
- the consumer has declared that he or she shall lose the right of withdrawal as soon as the trader has fully executed the contract;
- Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
- Service agreements for the provision of accommodation if the contract provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
- Contracts relating to leisure activities, if the contract provides for a specific date or period of execution;
- Products manufactured in accordance with consumer specifications that are not prefabricated, and that are manufactured based on the consumer's individual choice or decision, or that are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for health protection or hygiene reasons and of which the seal has been broken after delivery;
- Products that by their nature are irrevocably mixed with other products after delivery;
- Alcoholic beverages for which the price was agreed when the contract was concluded but that can only be delivered after 30 days even though their actual value depends on market fluctuations over which the trader has no control;
- Sealed audio, video and computer software, the seal of which has been broken after delivery;
- Newspapers, journals or magazines, with the exception of their subscriptions;
- The delivery of digital content other than on a physical carrier, but only if:
- the execution has started with the consumer's specific prior consent; and
- the consumer has declared by doing that he or she will lose the right of withdrawal.
- During the period of validity stated in the offer, the prices of the products and/or services offered shall not increase, except if this is the consequence of changes in VAT rates.
- Notwithstanding the previous paragraph, the trader may offer products or services, the prices of which are linked to fluctuations on the financial markets over which the trader has no control, at variable prices. The offer must mention the issue of fluctuations and the fact that any prices are indicative.
- Price increases within three months of the contract's conclusion are permitted only if they are the result of statutory regulations or provisions.
- Price increases three or more months after the contract's conclusion are permitted only if the trader has stipulated this, and:
- if these are the result of statutory regulations or provisions; or
- if the consumer is entitled to terminate the contract from the day the price increase comes into effect.
- The prices mentioned with the range of products or services include VAT.
- The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable soundness and/or usability requirements and the existing legal provisions and/or government regulations on the date of the contract's conclusion. The Trader also guarantees that the product is suitable for other than normal use if this has been agreed.
- Any additional guarantees provided by the trader, its supplier, manufacturer or importer shall never limit the statutory rights and claims the consumer may assert against the trader on the basis of the contract if the trader has failed to comply with its contract requirements.
- An additional guarantee is understood to mean any commitment by the trader, its supplier, manufacturer or importer that grants the consumer certain rights or claims beyond what is legally required if its part of the contract has not been fully observed.
- The trader shall take the utmost care when it receives and executes orders for products and when it assesses requests for services.
- The place of delivery shall be the address the consumer communicated to the trader.
- Subject to the provisions of Article 4 of these general terms and c conditions, the trader shall execute accepted orders as soon as possible and no later than 30 days after the order, unless another delivery period has been agreed. If delivery is delayed, if an order cannot be fulfilled or if it can only be partially fulfilled, the consumer shall be notified within 30 days of the order's placement. In that case, the consumer is entitled to terminate the contract free of charge and to claim possible compensation.
- After dissolution as described in the previous paragraph, the trader shall immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the trader until delivery to the consumer or with an appointed representative communicated in advance to the trader, unless specifically agreed otherwise.
- The consumer may terminate an open-ended contract for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to twelve months.
- The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of up to one month.
- The consumer may:
- terminate the contracts mentioned in the previous paragraphs at any time without being restricted to cancel at a certain time or in a certain period;
- terminate the contracts mentioned in the previous paragraphs in the same way as he or she concluded them;
- always cancel by observing the same notice period the trader needs to observe under the contract.
- Unless otherwise specified in the contract or in the additional terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of the contract's conclusion. If the contract concerns the delivery of a service, this period shall start.
- The consumer is obliged to report any inaccuracies in the payment details provided or mentioned to the trader without delay.
- If the consumer fails to meet his or her payment obligation(s) on time, after the trader has reminded the consumer of the late payment and the trader has unsuccessfully granted the consumer a 14-day period to fulfil still the payment obligations, the consumer shall owe statutory interest on the amount still due and the trader shall be entitled to charge its incurred extrajudicial collection costs. These collection costs shall not exceed: 15% of outstanding amounts up to €2,500, 10% of the next €2,500 and 5% of the next €5,000, with a minimum of €40. The trader may deviate from the aforementioned amounts and percentages to the benefit of the consumer.
- The trader has an adequately known complaints procedure and shall handle any complaints regarding the consumer’s purchase in the Polk Audio webshop in accordance with this complaints procedure.
- Complaints about the execution of the contract must be submitted to the trader in full and be clearly described within a reasonable time of the consumer's discovery of any deficiencies.
- Complaints submitted to the trader shall be answered within 14 days of the date of receipt. If it is likely that a complaint will take longer to process, the trader shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
- In any case, the consumer should give the trader at least four weeks to resolve the complaint by mutual consultation. After this period, a dispute shall arise subject to dispute resolution.
- All contracts between the trader and the consumer subject to these general terms and conditions are governed exclusively by Dutch law.