General terms and conditions ProFM Broadcast

Email: [email protected]
Website: https://www.profmbroadcast.com

Article 1 – Definitions
1. ProFM Broadcast: ProFM Broadcast, located in Waddinxveen, Chamber of Commerce number 24323081.
2. Customer: the person with whom ProFM Broadcast has entered into an agreement.
3. Parties: ProFM Broadcast and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 – Applicability
1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of ProFM Broadcast.
2. ProFM Broadcast and the Customer can only deviate from these conditions if this has been agreed in writing.
3. ProFM Broadcast and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 – Offers and quotations
1. Offers and quotations from ProFM Broadcast are without obligation, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum of 1 month, unless a different term is stated in the offer or quotation.
3. If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeat orders, unless ProFM Broadcast and the Customer agree in writing.

Article 4 – Acceptance
1. Upon acceptance of a non-binding quotation or offer, ProFM Broadcast may still withdraw the quotation or offer within 3 days of receipt of the acceptance, without the Customer being able to derive any rights from this.
2. Verbal acceptance by the Customer only binds ProFM Broadcast after the Customer has confirmed this in writing or electronically.

Article 5 – Prices
1. ProFM Broadcast uses prices in euros, excluding VAT and any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. ProFM Broadcast may always change the prices of its services and products on its website and in other communications.
3. Increases in the cost prices of products or parts thereof, which ProFM Broadcast could not have foreseen at the time of making the offer or concluding the agreement, may give rise to price increases.
4. The consumer may cancel the agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.
5. ProFM Broadcast determines the price of the service based on the actual hours spent.
6. The price is calculated in accordance with the usual hourly rates of ProFM Broadcast, applicable for the period in which he carries out the work, unless otherwise agreed in writing.
7. When ProFM Broadcast and the Customer agree on a total amount for a service, this is always a target price, unless otherwise agreed in writing.
8. ProFM Broadcast may deviate from the target price by up to 10%.
9. ProFM Broadcast must inform the Customer in a timely manner why a higher price is justified if the target price is more than 10% higher.
10. The Customer may cancel the part of the order that exceeds the target price (plus 10%) if the target price is more than 10% higher.
11. ProFM Broadcast may adjust its prices annually.
12. ProFM Broadcast will communicate price adjustments to the Customer prior to their taking effect.
13. The consumer may terminate the agreement with ProFM Broadcast if he does not agree with the price increase.

Article 6 – Payments and payment term
1. ProFM Broadcast may require a down payment of up to 50% of the agreed amount when entering into the agreement.
2. The Customer must make a subsequent payment within 14 days after delivery.
3. The payment terms used by ProFM Broadcast are strict payment terms. This means that if the Customer has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without ProFM Broadcast having to send the Customer a reminder or give notice of default.
4. ProFM Broadcast may make delivery dependent on immediate payment or require security for the total amount of the services or products.
1. The Customer pays for products immediately.
2. ProFM Broadcast may require a down payment of up to 50% of the agreed amount when entering into the agreement for a service.
3. The Customer must pay invoices to ProFM Broadcast within 14 days of the invoice date, unless otherwise agreed or a different payment term is stated on the invoice.
4. The payment terms mentioned are strict payment terms. If the Customer has not paid the amount no later than the last day of the payment term, he is automatically in default and in default, without ProFM Broadcast having to send the Customer a reminder or give notice of default.
5. ProFM Broadcast may make delivery subject to immediate payment or require security for the total amount of the service.

Article 7 – Right of complaint
1. If the Customer is in default, ProFM Broadcast may invoke the right of recovery with regard to the unpaid products delivered to the Customer.
2. ProFM Broadcast exercises its right of complaint by sending a written or electronic message to the Customer.
3. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the relevant products to ProFM Broadcast, unless otherwise agreed in writing.
4. The Customer pays the costs for retrieving or returning the products in paragraph 3.

Article 8 – Right of withdrawal
1. A consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal does not apply when:
• the product has been used
• it is a product that has been tailor-made or adapted especially for the consumer
• it is a product that cannot be returned for hygienic reasons, Headphones
• the seal of the purchased device is not intact
• the product is a service
• it concerns an emergency repair
• the consumer has waived his right of withdrawal
• it concerns a service that, with the consent of the Customer, is fully performed within the cooling-off period and where the Customer has expressly stated that he waives the right of withdrawal
2. The reflection period of 14 days in paragraph 1 starts:
• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer has concluded an agreement for the delivery of a service
• as soon as the consumer has confirmed that he is going to purchase digital content via the internet
3. The consumer can make use of his reflection period by sending an email with that subject to [email protected], possibly using the withdrawal form available on the here: returns form
4. The consumer is obliged to return the product to ProFM Broadcast within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 9 – Reimbursement of delivery costs
1. If the consumer has revoked his purchase on time and has returned the complete order to ProFM Broadcast on time, ProFM Broadcast will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time.
2. Delivery costs will only be borne by ProFM Broadcast if the entire order is returned.

Article 10 – Reimbursement of return costs
1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs.

Article 11 – Right of suspension
1. Unless the Customer is a consumer, he hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 12 – Right of retention
1. ProFM Broadcast may exercise its right of retention and in that case retain the Customer’s products until the Customer has paid all outstanding invoices of ProFM Broadcast, unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to ProFM Broadcast.
3. ProFM Broadcast is not liable for any damage that the Customer suffers due to the use of his right of retention.

Article 13 – Settlement
1. Unless the Customer is a consumer, he waives his right to offset a debt to ProFM Broadcast against a claim against ProFM Broadcast.

Article 14 – Retention of title
1. ProFM Broadcast remains the owner of all delivered products until the Customer has paid all outstanding invoices from ProFM Broadcast relating to an underlying agreement, including claims due to failure to comply.
2. Until that time in paragraph 1, ProFM Broadcast can exercise its retention of title and take back the goods.
3. Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If ProFM Broadcast makes use of its retention of title, the agreement will be canceled and ProFM Broadcast may demand damages, lost profits and interest from the Customer.

Article 15 – Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at ProFM Broadcast, unless otherwise agreed.
3. Delivery of products ordered online will take place at the address specified by the Customer.
4. If the Customer does not pay the agreed amounts or does not pay on time, ProFM Broadcast may suspend its obligations until the Customer pays.
5. Late payment constitutes a creditor’s default, as a result of which the Customer cannot object to ProFM Broadcast for late delivery.

Article 16 – Delivery time
1. ProFM Broadcast’s delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time starts when the quotation signed for approval by the Customer to ProFM Broadcast has been confirmed in writing or electronically by ProFM Broadcast to the Customer.
3. The Customer will not receive any compensation and may not cancel the agreement if ProFM Broadcast delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if ProFM Broadcast cannot deliver within 14 days, after having been notified in writing or if the Customer and ProFM Broadcast have agreed otherwise.

Article 17 – Actual delivery
1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 18 – Transport costs
1. The Customer pays the costs for transport, unless the Customer and ProFM Broadcast have agreed otherwise in writing.

Article 19 – Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold ProFM Broadcast liable for any damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to ProFM Broadcast prior to transport. If the Customer does not do this, he cannot hold ProFM Broadcast liable for any damage.

Article 20 – Insurance
1. The Customer must adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage, and theft:
• delivered goods that are necessary for the execution of the underlying agreement
• items from ProFM Broadcast that are present at the Customer’s premises
• goods that have been delivered under retention of title
2. The Customer will make the policy for these insurances available for inspection upon ProFM Broadcast’s first request.

Article 21 – Custody
1. If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

Article 22 – Assembly and/or installation
1. Although ProFM Broadcast makes every effort to carry out all assembly and/or installation work as best as possible, it bears no responsibility for this, except in the case of intent or gross negligence.

Article 23 – Warranty
1. Coverage and Duration
The warranty begins on the date of purchase and is valid for 12 months unless otherwise stated.
The warranty covers manufacturing defects and material defects under normal use and maintenance.
2. Warranty Exclusions
Damage due to misuse, accidents, unauthorized modifications or repairs, and use not in accordance with the instructions is not covered by the warranty.
Wear and cosmetic damage such as scratches and dents are excluded.
3. Warranty Claim Procedure
Please contact our customer service at [email protected] for a warranty claim.
Provide proof of purchase and a description of the problem.
The defective product can be returned for inspection.
4. Warranty Solutions
Profm Broadcast will repair, replace or provide a full or partial refund, at our sole discretion.
Replacement products or parts are covered for the remainder of the warranty period.
5. Transfer of Warranty
The warranty applies only to the original purchaser and is not transferable
6. Applicable Law
These terms and conditions are governed by the laws of the country of purchase.

Article 24 – Exchange
1. The Customer may exchange a purchased item. The following conditions apply:
• exchange takes place within 7 days after purchase, whereby the Customer can show the original invoice
• the product is returned in the original packaging and with the original price tag attached
• the product has not yet been used
2. Discounted items, perishable products, custom-made items or items specially adapted for the Customer and custom-made products and software cannot be exchanged.

Article 25 – Execution of the agreement
1. ProFM Broadcast will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. ProFM Broadcast may have the agreed services provided in whole or in part by others.
3. The execution of the agreement takes place in consultation and after written agreement and payment of any advance payment by the Customer.
4. The Customer must ensure that ProFM Broadcast can start the execution of the agreement on time.
5. If the Customer does not ensure that ProFM Broadcast can start on time, the resulting additional costs will be borne by the Customer.

Article 26 – Provision of information by the Customer
1. The Customer makes all information, data and documents that are relevant for the correct execution of the agreement available to ProFM Broadcast in a timely manner and in the desired form and manner.
2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.
3. When and insofar as the Customer requests this, ProFM Broadcast will return the relevant documents.
4. If the Customer does not provide the information, data or documents reasonably required by ProFM Broadcast, or does not do so in a timely or proper manner, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the Customer. .

Article 27 – Confidentiality
1. The Customer keeps confidential all information, in whatever form, that he receives from ProFM Broadcast.
2. The same applies to all other information regarding ProFM Broadcast of which the Customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its distribution could damage ProFM Broadcast.
3. The Customer will take all necessary measures to ensure that it keeps the information in paragraphs 1 and 2 confidential.
4. The obligation of confidentiality described in this article does not apply to information:
• which was already public before the Customer learned this information or which subsequently became public without this being the result of a violation of the Customer’s confidentiality obligation
• which is made public by the Customer on the basis of a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.

Article 28 – Penalty clause
1. If the Customer violates the article on confidentiality or intellectual property, he must pay ProFM Broadcast an immediately payable fine for each violation.
2. If the Customer is a consumer, the fine in paragraph 1 is € 1,000.
3. If the Customer is not a consumer, the fine in paragraph 1 is €5,000
4. In addition, the Customer must pay an amount of 5% of the applicable amount in paragraph 2 or 3 for each day that such violation continues.
5. The Customer must pay the fine in paragraph 1 without the need for notice of default or legal proceedings. There also does not have to be any damage.
6. In addition to the fine in paragraph 1, ProFM Broadcast may also demand compensation from the Customer.

Article 29 – Indemnity
1. The Customer indemnifies ProFM Broadcast against all claims from others related to the products and/or services supplied by ProFM Broadcast.

Article 30 – Complaints
1. The Customer must examine a product or service provided by ProFM Broadcast as quickly as possible for any shortcomings.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform ProFM Broadcast thereof within 1 month after discovering the shortcoming.
3. A consumer must inform ProFM Broadcast of this within 2 months of discovering the shortcoming.
4. The Customer provides as detailed a description as possible of the shortcoming, so that ProFM Broadcast can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and ProFM Broadcast.
6. If a complaint concerns ongoing work, the Customer cannot demand that ProFM Broadcast perform work other than what has been agreed.

Article 31 – Notice of default
1. The Customer must notify ProFM Broadcast of any notice of default in writing.
2. The Customer is responsible for ensuring that his notice of default actually reaches ProFM Broadcast on time.

Article 32 – Customer Liability
1. When ProFM Broadcast enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 33 – Liability of ProFM Broadcast
1. ProFM Broadcast is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
2. If ProFM Broadcast is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
3. ProFM Broadcast is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
4. If ProFM Broadcast is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

Article 34 – Expiry period
1. Any right of the Customer to compensation from ProFM Broadcast expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 35 – Dissolution
1. The Customer may cancel the agreement if ProFM Broadcast imputably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
2. If fulfillment of the obligations by ProFM Broadcast is still possible, dissolution can only take place after ProFM Broadcast is in default.
3. ProFM Broadcast may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or when ProFM Broadcast has become aware of circumstances that give it good grounds to assume that the Customer will not fulfill its obligations.

Article 36 – Force majeure
1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of ProFM Broadcast by the Customer cannot be attributed to ProFM Broadcast in the event of force majeure.
2. The force majeure situation in paragraph 1 also includes:
– a state of emergency such as a civil war or natural disaster
– breach of contract or force majeure of suppliers, deliverers or others
– power, electricity, internet, computer or telecom disruptions
– computer viruses
– strikes
– government measures
– transport problems
– bad weather conditions
– work stoppages
3. If a force majeure situation occurs as a result of which ProFM Broadcast cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until ProFM Broadcast can fulfill them.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and ProFM Broadcast may cancel the agreement in whole or in part in writing.
5. ProFM Broadcast does not have to pay compensation to the Customer in a force majeure situation, even if ProFM Broadcast benefits from this.

Article 37 – Changes to agreement
1. If it is necessary to change a concluded agreement for its implementation, the Customer and ProFM Broadcast can adjust the agreement.

Article 38 – Changes to general terms and conditions
1. ProFM Broadcast may change these general terms and conditions.
2. ProFM Broadcast may always make changes of minor importance.
3. ProFM Broadcast will discuss major changes with the Customer in advance as much as possible.
4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 39 – Transfer of rights
1. The Customer cannot transfer any rights under an agreement with ProFM Broadcast to others without written permission from ProFM Broadcast.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 40 – Consequences of nullity or voidability
1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what ProFM Broadcast had in mind when drawing up the conditions on that point.

Article 41 – Rental conditions for ProFM Broadcast
1. Prices and Rental Period
All prices stated are exclusive of VAT and ex Waddinxveen. The rental rates apply for a period of 24 hours or a multiple thereof. It is not permitted to unilaterally extend the rental period. Any extension of the rental period must always take place in consultation. If this unexpectedly happens, additional rental rates and any additional costs will be charged.
2. Deposit
A deposit of at least €250 is required. ProFM Broadcast reserves the right to adjust this deposit proportionately. The tenant will be informed of this in advance.
3. Cancellation
In the event of full or partial cancellation of an agreement by the tenant, cancellation costs will be charged. These amount to at least the costs incurred, with a minimum percentage of the entire rental sum:
• Less than 24 hours before rental start: 100%
• 2 days before rental start: 50%
• 3 days before rental start: 25%
4. Liability
During the rental period, the renter bears all risks for loss, damage or destruction of the rented equipment. The tenant must take out insurance for this. The tenant is liable for the full amount, even if the insurer pays out a lower amount. The renter ensures that ProFM Broadcast has access to the rented equipment at all times.
5. Damage and Defects
The renter is obliged to immediately report any damage and defects to the rented material to ProFM Broadcast. The tenant may not carry out repairs without consultation and permission from ProFM Broadcast. In the event of a defect in a device during the rental period, this must be reported immediately to ProFM Broadcast. Where possible, a suitable replacement solution will be provided as quickly as possible.
With these conditions we ensure a clear and transparent rental experience at ProFM Broadcast.

Article 41 – Applicable law and competent court
1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and ProFM Broadcast.
2. The court in the district where ProFM Broadcast is established has exclusive jurisdiction to hear any disputes between the Customer and ProFM Broadcast, unless the law provides otherwise.

Prepared on June 1, 2024.

These general terms and conditions have been filed with the Chamber of Commerce in Rotterdam under number 24323081.