Terms and Conditions

 

   I.      General

    • These terms and conditions (the " Terms ") govern your relationship (hereinafter, " you " or " your ") with Universal International Music BV ("UMG") when you use UMG's online services (the " Services ") through this Webshop (this " Webshop "). Wherever you see "UMG" on the website or in any of the Terms, it means UMG and all of its affiliates, subsidiaries, and/or any parent company (including the ultimate parent company) of UMG and any subsidiary of such parent company at this time. From time to time, UMG may engage the services of third parties in connection with this Webshop; however, unless otherwise stated, the Services available on this Webshop are provided to you by UMG.
    • By purchasing products through this Webshop, you acknowledge that this Webshop is operated by UMG and you accept and agree to these Terms (including UMG's Privacy Policy ). You agree that this Webshop, including any transaction you make, will be governed by these Terms. The Webshop can only be used if you agree to these Webshop Terms.
    • Orders may only be placed through this Webshop. UMG does not accept orders in any other way, including by telephone.
    • If you have any questions about these Terms, please contact UMG by sending an email to: info@platenzaak.nl .
    • Placing an order through this Webshop may require you to use third-party applications to initiate and/or complete your order. By placing an order through this Webshop, you represent and warrant that you have accepted the terms and conditions of these third-party applications, as applicable.

 

  II.      Changes to these Terms

    • UMG may make changes to these Terms from time to time. These changes will be effective immediately upon posting on this Webshop. UMG will not notify you directly or personally of any changes to the Terms; UMG recommends that you regularly check this Webshop for any updates. You are expected to read these Terms in full before making a purchase. Continued use of this Webshop after changes are posted constitutes your acceptance of those changes.
    • You will be bound by the policies and Terms in effect at the time you order product(s) from UMG, unless any change to those policies or these Terms is required by law or governmental authority (in which case such change may also apply to orders previously placed by you).

 

 III.      Webshop Contents

    • The Services, this Webshop, including, without limitation, all trademarks, music recordings, lyrics, audio and audiovisual clips, and digital downloads ("Content") are owned and controlled by or licensed to UMG, its affiliates, and/or licensors. All rights to the Content are owned solely and exclusively by UMG or its affiliates, licensors, and/or licensors.
    • Unless otherwise indicated, this Webshop and its Content are for your personal, non-commercial use.
    • You may not, without the express written permission of UMG, use, transmit, copy or otherwise reproduce or modify in any form or by any means (electronic, mechanical or otherwise) any part of this Webshop, the Services, the Content or any source HTML code except for the sole purpose of using the Services and viewing or using the Content as permitted.

 

 IV.      System requirements

You may not:

    • hinder or restrict other users in their use of this Webshop or the Services;
    • act in any manner that could damage, disable, overburden, or impair this Webshop or the Services, or to constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
    • upload, post or transmit to, or distribute or otherwise publish through, this Webshop any material that contains a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material which is indecent or defamatory or the use of which may infringe the rights of any third party;
    • impersonate any person or entity or misrepresent your affiliation with any person or entity;
    • exploit any information or other material obtained on or through this Webshop for commercial purposes;
    • engage in spamming, flooding, collecting email addresses or other personal information, "spidering," "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information (including any activity that accesses or uses UMG cookies for purposes unrelated to the Services);
    • attempting to gain unauthorized access to other computer systems through this Webshop or to obtain or attempt to obtain any materials or information through any means not intentionally made available or available through this Webshop; or
    • reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of or access to this Webshop, the Content or the Services.

  V.      UMG's Software

    • Software used to provide the Services (" Software ") is owned by or licensed to UMG, its affiliates, or UMG's software suppliers. All rights in the Software are the sole and exclusive property of UMG or its suppliers. You may use the Software solely for the purposes of using the Services in accordance with these Terms, and you acquire no other rights of any kind in the Software. In particular, but without limiting the foregoing, you may not:
    • use the Software to transmit any content (including the Content) to UMG or to any other person or entity;
    • attempting to breach security mechanisms or to access, manipulate or use parts of the Software to which access has not been authorized;
    • use the Software for any illegal, unlawful, defamatory, abusive or fraudulent purpose; or
    • use the Software for commercial purposes.
    • sell or otherwise distribute the Software or any portion thereof;
    • modify, adapt, translate or reverse engineer the Software or any part thereof;

 VI.      Registration and Passwords

    • If a particular Service requires you to register with this Webshop or create an account, you will be required to complete a registration process by providing certain information (including your name, email address, and, in some cases, payment information) and registering a username and password for use in connection with that Service. You agree to provide truthful and accurate information when registering or opening an account. The decision to register a password is at UMG's sole discretion, and UMG may revoke your password at any time.
    • You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Webshop by you or any person or entity using your password, whether or not such access or use is authorized by you, and whether or not such person or entity is your employee or representative.
    • You must immediately notify UMG of any unauthorized use of your password or account or any other breach of security.
    • UMG is not liable for any loss or damage resulting from your username and/or password becoming known in violation of these Terms. You may not use another person's account at any time without the express permission of that account holder.
    • You are responsible for keeping the data UMG holds current. Please update your data periodically or send an email to info@platenzaak.nl. to notify UMG of any changes.
    • You must ensure that your computer meets the minimum technical requirements for the Services, specifically a JavaScript-enabled internet browser that supports cookies. You may need to install third-party software to access some or all of the Services. You are responsible for ensuring that the software functions correctly for the relevant Service. UMG's third-party software may be subject to the software vendor's terms and conditions.
    • See the Privacy Policy from UMG for further explanation about how UMG uses the information UMG collects from you and how UMG uses cookies and traffic analysis tools.

 

VII.         UMG's Products

1.     This Webshop can enable you to:

    • to purchase physical products (e.g. clothing and other merchandise);
    • to download digital products (e.g. music and videos);
    • to purchase mobile products (e.g. music, videos and other Content such as wallpapers, screensavers and logos);
    • to download (and/or participate in) paid or free online games;
    • to stream services to enable you to listen to and/or watch music and videos online; and/or
    • to offer such services to you on a subscription basis, subject to any separate terms and conditions;

2.     Shipping and delivery dates for any so-called "limited editions" and/or "pre-order" product(s) are not guaranteed unless otherwise stated.

3.     Products in this Webshop are limited to the sizes, colors, and variants listed. If a size or variant is not listed in this Webshop, it is currently unavailable.

4.     If UMG decides to offer additional products through this Webshop, such future products will also be subject to these Terms.

 

VIII.      Placing an Order

    1. By placing an order through this Webshop, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years of age.
    2. If you are under 18 years of age and/or are unable to enter into binding agreements but wish to use this Webshop, a parent or guardian must accept these Terms on your behalf.
    3. Follow the on-screen instructions in this Webshop to place an order.
    4. Items you select for purchase, download, and/or streaming (as applicable) are automatically placed in your "Shopping Cart." To remove an item from your cart, simply click the "Remove" button (or similar) next to the item as it appears in your cart.
    5. Once you click the "complete order" (or similar) button, you will be asked to provide certain information to enable UMG, or a service provider engaged by UMG, to process your order (including your chosen payment method and debit card, credit card, e-wallet or other payment details).
    6. UMG cannot modify information about an existing order once it has been processed, including but not limited to the shipping address, billing information, size, item, and/or quantity. If you wish to cancel your order and place a new order with different information, products, or quantities, please follow the Cancellation Policy (set forth in Section XI, as applicable, below).
    7. You will receive a summary order confirmation on-screen and/or by email (provided you have provided UMG with a valid email address) confirming that UMG has received your order. This does not mean your order has been accepted. Your order represents an offer to UMG to purchase a particular item, which is only accepted by UMG when UMG sends you an email (" Shipping Confirmation ") confirming (i) in the case of physical products, that the product has been shipped; or (ii) in the case of digital content, instructions for accessing the digital content.
    8. UMG may refuse, modify, or cancel your order for any reason and without notice before your order is shipped. If UMG refuses your order after payment has been made, UMG will refund you in accordance with UMG's Refund Policy as set forth in Article XIII (below). If your order was for products of a "hybrid" nature (e.g., a physical product and a digital product), UMG will refund the relevant portion of the order in accordance with UMG's Cancellation Policy (set forth in Article XI, as applicable, below) for that specific product.
    9. Shipping and delivery dates for your order are not guaranteed unless otherwise stated. All shipping times are estimated. UMG is not liable for delays due to the carrier, regardless of the shipping method.
    10. If you selected a trackable shipping method when completing your order, you will receive tracking information via the email address you provided in your shipping information.
    11. Shipping delays will occur if an incorrect address is provided at checkout. UMG is not responsible for lost packages due to an incorrect shipping address provided by you at checkout. If the package containing the product(s) you ordered is returned to UMG due to a shipping error, UMG will contact you via the email address you provided in your shipping information to provide an updated shipping address for the product(s). If UMG does not receive a response within ten (10) business days of contacting you, UMG reserves the right to refund your order.
    12. If you have ordered multiple items within a single order, UMG reserves the right, at its sole discretion, to either (i) ship your order once all items are available for shipment or (ii) split your order containing multiple items into multiple shipments (" Split Shipping "). For some orders, UMG may offer you the option to select Split Shipping during checkout. Split Shipping options may say "Items ship separately - as soon as available" or something similar. If you have selected Split Shipping, your items will be shipped in separate packages once they are available for shipment. Split Shipping is not available for every order, and UMG reserves the right to revoke Split Shipping options at any time.
    13. UMG may offer expedited shipping options (e.g., Next Day, 2 Day, 3 Day). If you select an expedited shipping option, your items will be shipped together in one shipment when all items are available for shipping, or at UMG's sole discretion, UMG may split your order into separate shipments as items become available. Split Shipping is not an option at checkout for expedited orders. UMG reserves the right to withdraw expedited shipping options at any time. PLEASE NOTE: Expedited shipping timelines are the carrier's timelines from the date the products are ready for shipment from UMG's warehouse. For pre-orders, expedited shipping is based on the date the pre-order period ends and the items are ready for shipment. These timelines may vary. The pre-order timeline will be available on the product page. You should thoroughly read all product descriptions for all applicable details and ensure you understand all pre-order and shipping terms before selecting your shipping method.

 

 IX.      General Disclaimer

    • Unless otherwise stated, discounts are already reflected in the product prices. All offers are limited to available stock; no coupons or vouchers are available unless otherwise stated. Discounts are not valid on prior purchases, taxes, shipping, or processing fees. Promotions have no cash value. Offers cannot be sold, transferred, or otherwise exchanged. Void where prohibited, taxed, or otherwise restricted. Returns or cancellations of any part of a purchase will require forfeiture of the offer or the amount equal to the offer. UMG reserves the right to terminate or modify any promotional offer at any time at its sole discretion. Other restrictions may apply. Offers are valid only in the United States unless otherwise stated.

 

  X.      Payment

·       UMG accepts the following payment options: iDeal, Visa, MasterCard, American Express, Apple Pay, and other e-wallets.

    • UMG may change the prices for products at any time by posting new prices on this Webshop.
    • By paying with your credit or debit card, or another payment method, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charge.
    • Displayed product prices may not include shipping costs (which may include handling, packaging, and other fees, in addition to carrier charges). These may be added to the total and calculated and displayed on-screen before you submit your payment information or complete your order. Typically, the purchase will appear on your credit card or bank statement under the name of the relevant artist or retailer, or as UMG, or under the name of a relevant technology provider (such as "Shopify" or "SP Platenzaak.nl"). If you have any questions about what to expect on your credit card statement, please contact info@platenzaak.nl .
    • Despite UMG's best efforts, it is always possible that some items listed on this Webshop may be incorrectly priced. UMG will typically verify prices as part of its shipping procedures, so that where a product's correct price is lower than UMG's stated price, UMG will charge the lower amount when shipping the product to you. If a product's correct price is higher than the price stated on this Webshop, UMG will typically, at its discretion, either contact you for instructions before shipping the product or reject your order and notify you of its rejection. UMG is under no obligation to ship the product to you at the incorrect (e.g., lower) price, even after UMG has sent you a shipping confirmation, if the pricing error is obvious and/or could reasonably have been recognized by you.
    • Billing will occur prior to or at the time of shipment with respect to physical product(s), or with respect to digital content, at the time of your purchase or shortly thereafter.
    • UMG may use a third-party service provider to process payments, but will ensure that any payment processor engaged by UMG uses security measures to encrypt credit card and bank information.
    • UMG will monitor all transactions for signs of fraud and may use a third-party service provider for this purpose. If your order is flagged for fraud, it will be delayed, and a representative will eventually contact you to verify your information. Please contact info@platenzaak.nl. with questions about your order if you receive a message that it has been flagged for fraud.

 

 XI.      Cancellation, Delivery and Usage Rules

  XI.I         Digital Content

    • Cancellation - If you order digital content to download or stream, you have a fourteen (14) day cancellation period in which to cancel your order for any reason. However, if you decide to download or stream your product before the end of these fourteen (14) days, you will lose this right of cancellation. When UMG provides you with the link to download or stream your content, UMG will make it clear to you that by clicking that link you waive these cancellation rights. If you order digital content that is supplied on a physical CD or DVD, then the usual cancellation terms will apply as set out in paragraph XI(2) below.
    • Delivery - Any download item made available to you or purchased by you can be retrieved from the relevant section of this Webshop using your login details and/or by following the instructions provided on-screen or via email. If streaming items are made available, all such available or purchased streaming items can be accessed immediately after payment has been authorized by following the instructions on-screen or via email. UMG reserves the right to ship digital and/or physical goods in partial shipments (i.e., you may receive multiple packages or links in relation to a single order). Usage Rules - You may purchase downloads or stream digital content (as applicable) solely for your personal and non-commercial use. If you experience problems downloading the relevant download item, UMG will allow you to subsequently attempt to download the relevant download item. If you experience problems downloading, please contact info@platenzaak.nl . Please note: UMG may withdraw products from this Webshop at any time. You may make copies of a product as specified by its specific usage rules, or copies reasonably necessary for your personal, non-commercial use, as applicable. You are not permitted to burn audiovisual products. Digital rights management software may be used from time to time to prevent any unlawful use.
    • Technical Issues and Defective Products (Digital Products) - If any digital content you download is defective or faulty, please notify UMG as soon as possible (by contacting UMG at info@platenzaak.nl ) that the digital content is indeed defective. UMG will then first attempt to repair or replace the affected product at UMG's expense within a reasonable timeframe if reasonably possible. If repair or replacement is not possible, UMG will refund you the full or partial cost of the product, as the case may be. If UMG agrees to a refund, UMG will refund the agreed amount within fourteen (14) days of confirming to you that you are entitled to a refund.

 

 XI.II         Physical Products

    • Cancellation

a.) Unless otherwise stated when placing your transaction in the product description, or upon completing your order, you may cancel your purchase of physical products at any time before the product is shipped to you, for any reason, by emailing a notice of cancellation to info@platenzaak.nl , before you have received a shipping confirmation. If your item has already shipped, you may return the item for store credit for any reason within fourteen (14) days of receiving the product, provided you follow UMG's specified instructions regarding returns. In this case, you will receive a full refund of the price you paid for the product(s) in accordance with UMG's Refund Policy as set forth in Article XIII below. For the avoidance of doubt, if your order was for products of a “hybrid” nature (for example, a physical and a digital product) and UMG has begun the process of delivering your order for digital products, then UMG will refund you the relevant physical portion of the order in accordance with UMG’s Cancellation Policy set out in this Section XI(2). If you order multiple items that are delivered in separate consignments, your fourteen (14) day cancellation period will not commence until the day after the last item is received by you.

b.) To cancel in accordance with the terms herein, you must clearly inform UMG. UMG recommends sending an email to info@platenzaak.nl with a clear "Order Cancellation Notice" and your order number in the subject line. You must immediately return the product to UMG in the same condition as you received it (at your own cost and risk), following the specific return instructions you receive. You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, UMG may pursue a claim against you for compensation for any damage you have caused to the product.

c.) Further details, including an explanation of how to exercise your right of cancellation, can be provided in the Shipping Confirmation for physical goods. Details of UMG's Refund Policy can also be found in Article XIII.

d.) Please note, this right to cancel does not apply:

1.) if CDs and/or DVDs (or other such audio or audiovisual products) are no longer sealed;

2.) when the product is manufactured to your specification;

3.) to digital content (see Article XI(1) above);

4.) when the product, due to its nature, cannot be returned, or is billed as a "Final Sale" or as part of an "all sales are final" offer in the applicable product description or on the page where you complete your order;

5.) on merchandise that has been worn, washed or otherwise damaged by the consumer.

    • Delivery. UMG will make every effort to fulfill your order by the delivery date or estimated delivery date specified in your Shipping Confirmation, but UMG understands that circumstances beyond its control may delay fulfillment or delivery, including, but not limited to: high order volumes, holidays, weather, artist signings, pre-order delays, production delays for pre-ordered products, and content provider delivery delays for pre-ordered products.
    • Risk and Ownership. Purchased products are at your own risk of loss from the moment of delivery. Ownership of the products will only pass to you once UMG has received full payment of all amounts due for the products, including delivery charges.

 

XII.      Damaged, Incorrect or Incomplete Orders

    • If your order arrives damaged, incorrect, or incomplete, please contact UMG at info@platenzaak.nl .
    • Damaged . If one or more products in your order arrive damaged, please include photo evidence with your email to UMG. Once UMG receives the photos, they will email you a return shipping label. Once the damaged product(s) have been returned to UMG and UMG has received the damaged product(s), they will ship you a replacement product(s).
    • Incorrect . If your order arrives and one or more products are not what you ordered, once you contact UMG and notify them that you have received the incorrect product(s), UMG will email you a return shipping label. Once the incorrect product is returned to UMG and UMG has the incorrect product(s), UMG will ship you a replacement.
    • Worn, worn, or washed . UMG will not issue return labels, nor will we be responsible for, any product that has been worn, worn, or washed.

 

XIII.      Refund Policy, Cancellations, and Returns.

    • If you cancel your purchase of Products as described in Section XI above, UMG will process the refund due to you as soon as possible. In such event, UMG will refund the price of the Product in full, including the costs of delivering the item to you via Standard Delivery, provided you have taken reasonable care of the returned Product. If audio, video or software products delivered to you in separate sealed packaging have been opened, you may not be entitled to a refund. You will be responsible for the cost of returning the item to UMG. For the avoidance of doubt, if your order was for Products of a “hybrid” nature (e.g. a physical product and a digital product) and UMG has begun the process of delivering the digital portion of your Product order, then UMG will refund the relevant portion of the order in accordance with UMG’s Cancellation Policy (set out in Section XI to the extent applicable) for that specific Product.

-       Cancelling a product is possible until your order has been prepared for shipment.

    • You can return a purchase, without stating a reason, up to 30 days after delivery. After receiving the returned product, we will refund the purchase price to your account. Due to bank processing time, it may take up to 15 days for the money to appear in your account. We apply the following distinctions to refunds:

-       Partial order cancellation: You will not be refunded any shipping costs.

-       Full order cancellation: the full purchase amount will be refunded.

    • In the event that UMG needs to cancel your order after payment has been received from you, UMG will notify you of UMG's need to cancel your order and issue you a refund as soon as possible.
    • Products returned by you due to a defect will be fully refunded, including reimbursement of the delivery costs for sending the item to you and the costs you incurred in returning the item to UMG.
    • UMG will attempt to process any refund using the same method you originally used to pay for your purchase. If you use a gift card or other prepaid method to make your purchase, you may receive a credit back to that gift card or prepaid method. Therefore, you are expected to keep all gift cards or prepaid methods you used to make a purchase to ensure you receive a credit for any refund.

 

XIV.      Technical Problems

    • UMG cannot be held liable for any disruptions, defects or delays in delivery caused by:
    • Your provision of incorrect information;
    • your computer does not meet the minimum technical requirements for the Services;
    • your failure to comply with the instructions for services used; or
    • an event beyond UMG's reasonable sphere of influence.

 

XV.         International Orders; Import Duties

    • Products ordered from this Webshop for delivery outside the Netherlands may take up to two (2) weeks from the date of shipment to arrive at the designated destination.
    • You must ensure that you comply with all applicable laws and regulations of the country for which the products are intended. UMG is not liable for any violation by you of such laws.

XVI.      Games

    • UMG may from time to time provide access to games, applications and other such features (the " Games ") through this Webshop, which are accessible to you subject to the following specific provisions in addition to the Terms:
    • Unless otherwise indicated, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software accessible through this Webshop (collectively, the " Materials ") are the property of UMG or its suppliers and are protected by U.S. and international copyright, trademark, and other relevant intellectual property and proprietary rights laws.
    • You are permitted to access and use the Games and Materials solely for your personal and non-commercial use, and, if applicable, in accordance with the terms of the end user license agreement that accompanies or accompanies the Games and that is incorporated into these Terms by reference.
    • Unless expressly permitted in writing by UMG, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works of, publicly perform, publicly display, distribute, or otherwise use the Games or the Materials for any other purpose.
    • You may not link to, embed, or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UMG in the Games without first obtaining UMG's express written consent.
    • You may not use any metatags or other "hidden text" incorporating UMG's name or trademarks without UMG's express written permission. Any unauthorized use immediately terminates the permission or license granted by UMG.
    • You agree that UMG may, at its sole discretion, terminate, modify, remove, or suspend your access to the Games, or any part thereof, with or without notice to you. In the event of termination for violation of these terms, any unused funds, if any, and/or other aspects of your Games account will be forfeited.
    • UMG Games are subject to all other UMG policies and rules posted on this Webshop, including UMG's Privacy Policy . UMG reserves the right to make changes to the Games, policies, rules, and these terms and conditions at any time.
    • When you access the Games, you communicate electronically with UMG. You hereby consent to UMG receiving such electronic communications.
    • The Games are provided on an "as is" and "as available" basis. UMG makes no representations or warranties of any kind, express or implied, as to the operation of the Games or the information, content, materials, or products included in access to or download from this Webshop. You expressly agree that you access/download the Games at your own risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such information, content, materials, or products. UMG does not warrant that the Games, its servers, or any electronic communications sent to you are free of viruses or other harmful components.

 

XVII.      Terms and Conditions for Advance Ticket and Event Sales

    • UMG may, from time to time, sell access to certain pre-sale options for tickets and events. Such pre-sale access may be bundled with merchandise and other offers.
    • Access to tickets before the general public (" Pre-Sale Access ") does not guarantee an entrance ticket, but is an opportunity to obtain tickets as part of a pre-sale offer.
    • Pre-sale access is managed by third parties, and UMG and related parties have no control over, or liability with respect to, such third-party ticket offers.
    • Pre-sale tickets will only be available online. Direct orders by phone, email, or mail will not be accepted.
    • Tickets sold through Pre-Sale Access are sold as indicated in the pre-sale announcement, and ticket prices may vary. The number or type of tickets available cannot be changed. Additional restrictions may apply.
    • UMG does not guarantee Pre-Sale Access for additional performances added after the pre-sale announcement.
    • Purchases made through Pre-Sale Access are final. There are no refunds, exchanges, or name changes for Pre-Sale Access. You should only purchase Pre-Sale Access for performances you are certain you can attend.
    • You may not resell your Pre-Sale Access to another party. Reselling your Pre-Sale Access may result in the revocation of the Pre-Sale Access itself, as well as future ticket privileges.

 

XVIII.      Termination

    • UMG may, in its sole discretion, terminate your password, account (or any part thereof, if applicable), or use of this Webshop without notice if (i) you breach these Terms; or (ii) UMG believes, in its sole discretion, that the Services, the Content, or the Software are unsuitable.
    • Termination, suspension, or dissolution of your access rights will not affect any other right or remedy to which UMG may be entitled, at law or in equity.
    • Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to UMG and UMG's licensors (except for any continuing rights you may have in connection with products you have purchased from this Webshop).

 

XIX.      Warranty; Liability

    • UMG warrants that all goods purchased from UMG through this Webshop are of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
    • With respect to UMG's supply of products through this Webshop (including both digital and physical products), UMG's liability for losses you incur is strictly limited to the purchase price paid by you. UMG is not liable for any unforeseeable indirect losses (such as loss of income or revenue, loss of turnover, loss of profits or contracts, loss of anticipated savings, loss of data, or wasted management or office time) suffered by you or UMG, however arising and whether caused by tort (including negligence), breach of contract, or otherwise.
    • UMG shall not be liable for any damages of any kind arising from the use of the products, including, but not limited to, direct, indirect, incidental, and/or consequential damages, including lost profits, goodwill, or any other intangible loss, even if UMG has been advised of the possibility of such loss. If you are an individual consumer, this may not apply to you, and instead, UMG shall be liable to you only for the direct and actual loss you suffer, and shall not be liable for any indirect, incidental, and/or consequential damages, even if UMG has been advised of the possibility of such loss.
    • You agree to indemnify and hold harmless UMG, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors, and employees from and against any claim or demand made by any third party due to, arising out of, or relating to your violation of these Terms, misuse of the Products, or your violation of any applicable law, rule, regulation, or right of a third party.
    • This Article does not limit or exclude in any way UMG's liability:
    • For death or personal injury caused by UMG's negligence;
    • For fraud or fraudulent misrepresentation; or
    • For any other matter for which it would be unlawful for UMG to exclude or attempt to exclude UMG's liability.

 

XX.      Transfer rights and obligations

    • The agreement between you and UMG created by these Terms (the “ Agreement ”) is binding on you and UMG, and on UMG’s respective successors and assigns.
    • You may not transfer, assign, financially charge, or dispose of the Agreement, or any of your rights or obligations arising under it, without UMG's prior written consent.
    • UMG may transfer, assign, financially charge or subcontract the Agreement, or any of UMG's rights or obligations arising under it, at any time during the term of the Agreement, provided that UMG remains primarily liable for UMG's obligations under the Agreement where applicable.

XXI.         Events Outside UMG's Sphere of Influence

    • UMG will not be liable or responsible for any failure or delay in the performance of any of its obligations caused by events beyond its reasonable control. UMG's performance under these Terms shall be deemed suspended for the duration of such event, and UMG will have a grace period for performance for that period. UMG will use reasonable efforts to find a solution by which UMG's obligations may be performed despite such event.

XXII.         Resolving disputes between you and UMG

    • UMG strives to assist you with any questions or complaints about the services and goods it provides. Email UMG at info@platenzaak.nl with any questions or concerns.

 

XXIII.         Other

    • These Terms, together with any documents or links to other terms referenced herein, constitute the entire Agreement between you and UMG and supersede and extinguish any prior understandings, agreements or terms between you and UMG.
    • The rights and provisions in these Terms are cumulative and are not excluded from any rights and provisions at law or otherwise.
    • No breach by either you or UMG of any provision of these Terms will be waived or excused except with the express written consent of the other.
    • No failure or delay by you or UMG in exercising any right, power or privilege under these Terms will operate as a waiver of that right, power or privilege, and no single or partial exercise by you or UMG of any right, power or privilege will preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
    • These Terms shall be binding and shall survive inure to the benefit of each party's successors.
    • The views and opinions expressed on this Webshop do not necessarily reflect those of UMG and its Affiliates.

 

XXIV.         Applicable law and competent court

    • These Terms shall be governed by and construed in accordance with the laws of the Netherlands and you and UMG hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in Amsterdam with respect to any claim or matter arising in connection with these Terms.
    • Please note that you must comply with all applicable laws and regulations of the country for which the products are intended. UMG will not be liable for any violation by you of such laws.

XXV.         Communication

    • Applicable law requires that some of the information or communications UMG sends to you be in writing. When you use this Webshop, you agree that communications with UMG will be primarily electronic. UMG will contact you by email or provide you with information by posting notices on this Webshop. You consent to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that UMG provides to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the agreement, will be in Dutch.
    • All legal notices by you to UMG must be given to UMG at the address listed below or at the following email address: info@platenzaak.nl . UMG may give notice to you at the email or postal address you provide to UMG when placing an order or registering with this Webshop, or by posting a notice on this Webshop. Notice shall be deemed received immediately when posted on this Webshop, twenty-four (24) hours after the date of dispatch of an email, or three (3) days after the date of dispatch of a letter. In the case of a letter, it shall be sufficient to prove that the letter was properly addressed, stamped, and placed in the post, and in the case of an email, that such email was sent to the specified email address of the addressee.
    • If you have any questions about these Terms, this Webshop, or any of UMG's Services, please contact us at info@platenzaak.nl . UMG's address for notices is:
      Universal International Music BV
      's-Gravelandseweg 80, 1217 EW Hilversum