Article 1 General

This website is intended only for consumers who wish to order our products online and have them delivered in the Benelux, Germany, France or Austria. Commaxx BV does not accept orders intended for delivery outside these countries. By ordering from Commaxx B.V., you agree to and are bound by these terms and conditions.

Commaxx B.V. reserves the right to amend these terms and conditions at any time and without prior notice. Such an amendment does not apply to orders placed before the amended terms and conditions have been published on this website.

 

Article 2 Details of Commaxx BV

Commaxx BV
Registered address:	Wiebachstraat 37 6466 NG, Kerkrade
Email address:	support-imperial@commaxxgroup.com
Chamber of Commerce number:	63777002
VAT number:	NL855396763B01

 

Article 3 Definitions

In these terms and conditions, the following definitions apply:

IMPERIAL : Commaxx BV. See details under Article 2.

Additional agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by IMPERIAL or by a third party based on an agreement between that third party and IMPERIAL.

Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with IMPERIAL.

Day: calendar day.

Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

Model form: the model withdrawal form provided by IMPERIAL, which a consumer can complete when they wish to exercise their right of withdrawal.

Trader: the natural or legal person who offers products and/or services to consumers remotely.

Distance contract: an agreement concluded between IMPERIAL and the consumer as part of a system organised by IMPERIAL for the remote sale of products and/or services, where only one or more means of distance communication are used up to and including the conclusion of the agreement.

Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader being together in the same place at the same time.

Terms and Conditions: these Terms and Conditions.

Article 4 Purpose, legal validity and scope of the Terms and Conditions

 

These Terms and Conditions apply to all agreements between IMPERIAL and the consumer, and to all offers made by www.imperial-audio.nl, regardless of their nature or name.

 

Article 5 Customer terms excluded

The consumer expressly waives any terms, including purchase terms, used by the consumer under any name and presented in any manner. As a result, only these terms and conditions apply to all agreements, including their formation and execution.

 

Article 6 The offer

6.1	If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
6.2	The offer is non-binding. IMPERIAL is entitled to amend and adjust the offer.
6.3	The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If IMPERIAL uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind IMPERIAL.
6.4	All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
6.5	IMPERIAL cannot guarantee that the displayed colours exactly match the actual colours of the products.
6.6	Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 7 The agreement

7.1	Subject to paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
7.2	If the consumer has accepted the offer electronically, IMPERIAL will promptly confirm receipt of the acceptance of the offer electronically. As long as IMPERIAL has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.
7.3	If the agreement is concluded electronically, IMPERIAL will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, IMPERIAL will observe appropriate security measures.
7.4	Within legal limits, IMPERIAL may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, IMPERIAL has good grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
7.5	IMPERIAL will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium: a. the visiting address of the IMPERIAL branch where the consumer can submit complaints; b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded; c. information about warranties and after-sales service; d. the details included in Article 4 paragraph 3 of these terms and conditions, unless IMPERIAL has already provided these details to the consumer before the execution of the agreement.
7.6	In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
7.7	Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

 

Article 8 Right of withdrawal

8.1	When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 30 days. This cooling-off period starts on the day after the product has been received by the consumer or by a representative designated in advance by the consumer and made known to IMPERIAL.
8.2	During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
8.3	The consumer is only liable for any decrease in the value of the product resulting from handling the product in a way that goes beyond what is permitted under Article 8.2.
8.4	If the consumer exercises their right of withdrawal, they will return the product to IMPERIAL with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by IMPERIAL.
8.5	To exercise the right of withdrawal, you must inform us, Commaxx BV, of your decision to withdraw from the agreement by means of an unambiguous statement. You may use the attached model withdrawal form for this purpose. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires. If the consumer wishes to exercise the right of withdrawal, the consumer must notify IMPERIAL within 30 days after receiving the product. The consumer can do this through our returns programme. After the consumer has stated that they wish to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of dispatch.
8.6	If, after the expiry of the periods mentioned in the previous paragraphs of this article, the customer has not stated that they wish to exercise the right of withdrawal, the purchase is final.

 

Article 9 Costs in case of withdrawal

9.1	If the consumer exercises the right of withdrawal, Commaxx BV will bear the costs.
9.2	If the consumer has paid an amount, IMPERIAL will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
9.3	If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in the value of the product.
9.4	The consumer cannot be held liable for a decrease in the value of the product if IMPERIAL has not provided all legally required information about the right of withdrawal. This information must be provided before the purchase agreement is concluded.

 

Article 10 Exclusion of the right of withdrawal

10.1

IMPERIAL may exclude the consumer’s right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal applies only if IMPERIAL has clearly stated this in the offer, or at least in good time before the agreement is concluded.

10.2

Excluded from the right of withdrawal is a consumer purchase relating to the delivery of: a. Products manufactured according to your specifications, which are not prefabricated and which are made based on your individual choice or decision, or which are clearly intended for a specific person. b. Products whose price is subject to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period. c. Products that spoil quickly or have a limited shelf life. d. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery. e. Products that, after delivery, are irrevocably mixed with other products due to their nature. f. Alcoholic beverages whose price was agreed when the purchase agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which we have no influence. g. Sealed audio recordings, video recordings and computer software whose seal has been broken after delivery. h. Newspapers, journals or magazines, except for an agreement for the regular delivery of such publications, such as a subscription.

 

Article 11 The price

11.1	During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
11.2	Contrary to the previous paragraph, IMPERIAL may offer products or services with variable prices if those prices are subject to fluctuations in the financial market over which IMPERIAL has no influence. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
11.3	Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
11.4	Price increases from 3 months after the conclusion of the agreement are only permitted if IMPERIAL has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
11.5	The prices stated in the offer for products or services include VAT.
11.6	All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, IMPERIAL is not obliged to deliver the product at the incorrect price.

 

Article 12 Conformity and warranty

12.1	IMPERIAL guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded.
12.2	Any defects or incorrectly delivered products must be reported to IMPERIAL in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
12.3	IMPERIAL’s warranty period corresponds to the manufacturer’s warranty period. However, IMPERIAL is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
12.4	For the full warranty provisions, we refer you to our CONSUMER WARRANTY PROVISIONS.

 

Article 13 Delivery

13.1	IMPERIAL will exercise the greatest possible care when receiving and processing product orders.
13.2	The place of delivery is the address provided to IMPERIAL by the consumer.
13.3	Subject to paragraph 4 of this article, IMPERIAL will execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after placing the order.
13.4	In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.
13.5	All delivery periods are indicative. The consumer cannot derive any rights from stated periods. Exceeding a delivery period does not entitle the consumer to compensation.
13.6	In the event of dissolution in accordance with paragraph 3 of this article, IMPERIAL will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
13.7	If delivery of an ordered product proves impossible, IMPERIAL will make an effort to provide a replacement item. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by IMPERIAL.
13.8	The risk of damage to and/or loss of products rests with IMPERIAL until the moment of delivery to the consumer or to a representative designated in advance and made known to IMPERIAL, unless expressly agreed otherwise.

 

Article 14 Correspondence

14.1	All correspondence takes place by email, including, but not limited to, invoices and any payment reminders.
14.2	The consumer is obliged to provide IMPERIAL with an email address at which they can receive email. Any changes to this must be communicated to IMPERIAL immediately in the manner prescribed by IMPERIAL.
14.3	Emails sent by IMPERIAL to the email address provided by the consumer are deemed to have been received by the consumer.

 

Article 15 Retention of title

15.1	Goods delivered by IMPERIAL to the consumer remain our inalienable property until they have been paid for in full, including interest and costs.
15.2	If and to the extent that IMPERIAL can rely on retention of title, it may reclaim the relevant goods from the consumer at any time.
15.3	The consumer is not authorised to pledge or otherwise encumber goods that fall under IMPERIAL’s retention of title.

 

Article 16 Law

16.1	All agreements between IMPERIAL and the consumer, and all offers made by www.imperial-audio.nl to the consumer, are governed exclusively by Dutch law, even if an agreement is performed wholly or partly abroad or if the party involved in the legal relationship is domiciled there.
16.2	The Vienna Sales Convention does not apply.
16.3	All possible disputes arising from the agreements and offers referred to in the previous paragraph will be submitted to the competent court in the District of Limburg.

 

Article 17 Indemnification

By placing an order, the consumer indemnifies IMPERIAL against all possible legal proceedings, fines and similar consequences that could result from placing the order and the activities arising from it.

 

Article 18 Complaints handling

Complaints about the execution of the purchase agreement must be submitted to IMPERIAL as soon as possible after you have identified the defects, fully and clearly described. You can submit a complaint through our customer service or by email to support-imperial@commaxxgroup.com. You can also submit your complaint through our support chat on the website.
We respond to complaints submitted to us within 14 days after receipt. If we need a longer processing time, we will confirm within 14 days that we have received the complaint and provide an indication of when you can expect a more detailed response.

Article 19 Other provisions

If one or more provisions of these Terms and Conditions are void or are annulled, this does not affect the validity of the remaining provisions, and the void or annulled provisions will be replaced by valid provisions with as similar an effect as possible.

Version October 2018