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General Conditions

Article 1 – Definitions
  1. Peter Kalb based in Oosterbeek. Chamber of Commerce number 71319727, is referred to as seller in these general terms and conditions.
  2. The other party of the seller is referred to as the buyer in these general terms and conditions.
  3. Parties are seller and buyer together.
  4. The agreement means the purchase agreement between the parties.
Article 2 – Applicability of general terms and conditions
  1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
  2. It is only possible to deviate from these terms and conditions if this has been agreed explicitly and in writing by the parties.
Article 3 – Payment
  1. The full purchase price is always paid immediately in the webshop. In some cases, a deposit is expected for reservations. In that case, the buyer will receive proof of the reservation and the prepayment
  2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend its obligations until the buyer has fulfilled its payment obligation.
  3. If the buyer remains in default, the seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims against the buyer are immediately due and payable.
  5. If the buyer refuses to cooperate with the execution of the assignment by the seller, he is still obliged to pay the agreed price to the seller.
Article 4 – Offers, quotations and price
  1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that period, the offer will lapse.
  2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
  3. Offers and quotations do not automatically apply to repeat orders. The parties must agree on this explicitly and in writing.
  4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5 – Right of Withdrawal

  1. The buyer has the right to withdraw the registration for flamenco guitar lessons without stating any reasons within fourteen (14) days from the registration date. The buyer also has the right to withdraw the purchase of CDs / books without stating any reasons within fourteen (14) days from the receipt of the CDs, provided that the CDs are sealed and the books are undamaged and in a resalable condition.
  2. To apply the right of withdrawal with regard to the registration for flamenco guitar lessons, the buyer must notify the seller of their decision to withdraw the registration by sending an email to withdrawal@elperiquin.com.
  3. To apply the right of withdrawal with regard to the purchase of CDs / books, the buyer must notify the seller of their decision to withdraw the CDs / books by sending an email to withdrawal@elperiquin.com, provided that the CDs are sealed and the books are undamaged and in a resalable condition.
  4. The withdrawal period for the registration for flamenco guitar lessons expires fourteen (14) days after the day of registration.
  5. The withdrawal period for the purchase of CDs / books expires fourteen (14) days after the receipt of the CDs / books, provided that the CDs are sealed and the books are undamaged and in a resalable condition.
  6. If the buyer decides to withdraw the registration for flamenco guitar lessons, the seller will refund all payments received, including the costs of standard delivery (if applicable), without undue delay and in any event not later than fourteen (14) days from the day on which the seller is informed of the buyer’s decision to withdraw the registration, except for the cost of lessons already taken within this period.
  7. If the buyer decides to withdraw the purchase of CDs / books, the buyer must return the sealed CDs / books undamaged and in a resalable condition without undue delay and in any event not later than fourteen (14) days from the day on which the buyer informed the seller of the decision to withdraw the CDs, to the address provided by the seller. The costs of returning the CDs / books shall be borne by the buyer.
  8. The right of withdrawal does not apply if the flamenco guitar lessons have already commenced and been completed during the withdrawal period with the consent of the buyer.
Article 6 – Delivery and transfer of risk
  1. As soon as the purchased item has been received by the buyer, the risk passes from the seller to the buyer.
Article 7 – Research and Complaints
  1. The buyer is obliged to inspect (or have inspected) the delivered goods at the time of delivery, but in any case within the shortest possible term. that quality and quantity meet the requirements that apply to them in normal (trade) traffic.
  2. Complaints regarding damage, shortages or loss of delivered goods must be submitted to the seller in writing by the buyer within 10 working days after the day of delivery of the goods.
  3. If the complaint is declared well-founded within the set period, the seller has the right to either repair or redeliver, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
  4. Slight and/or standard deviations in the sector and differences in quality, quantity, size or finish cannot be held against the seller.
  5. Complaints regarding a particular product do not affect other products or parts of the same agreement.
  6. After processing the goods at the buyer, no more complaints will be accepted.
Article 8 – Delivery
  1. Delivery takes place ex factory shop/warehouse. This means that all costs are for the buyer.
  2. The buyer is obliged to take delivery of the goods at the moment that the seller delivers them to him or has them delivered to him, or at the moment that these goods are handed over to him in accordance with the agreement.
  3. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the item at the buyer’s expense and risk.
  4. If the goods are delivered, the seller is entitled to charge any delivery costs.
  5. If the seller requires information from the buyer for the performance of the agreement, the delivery time will commence after the buyer has made this information available to the seller.
  6. A delivery term specified by the seller is indicative. This is never a deadline. If the term is exceeded, the buyer must give the seller written notice of default.
  7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. In case of delivery in parts, the seller is entitled to invoice these parts separately.
Article 9 – Force majeure
  1. If the seller cannot, cannot timely or properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.
  2. For the parties, force majeure means in any case any circumstance that the seller cannot take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or danger of war. , civil war and riots, acts of war, sabotage, terrorism, power failure, flood, earthquake, fire, occupation, strikes, changed government measures. transport difficulties, and other disturbances in the seller’s business.
  3. The parties also understand force majeure as the circumstance that supply companies on which the seller depends for the performance.
  4. If a situation as referred to above arises as a result of which the seller cannot fulfill its obligations towards the buyer, of the agreement, cannot fulfill the contractual obligations towards the seller, unless the seller can be blamed for this, those obligations will be suspended as long as the seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the agreement in full or in part gradually.
  5. If the force majeure continues for less than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution is only possible by registered letter.
Article 10 –  Transfer of rights
  1. Rights of either party under this Agreement may not be transferred without the prior written consent of the other party. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 11 – Retention of title and right of retention
  1. The goods present at the seller’s and delivered goods and parts remain the property of the seller until the buyer has paid the agreed price in full. Until that time, the seller can invoke his retention of title and take back the goods.
  2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid. In that case, there is creditor default. In that case, a late delivery cannot be invoked against the seller.
  3. Seller is not authorized to pledge or encumber in any other way the goods subject to retention of title.
  4. Seller undertakes to insure the goods delivered to buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request.
  5. If goods have not yet been delivered but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. In that case, the item will not be delivered until the buyer has paid in full and in accordance with the agreement.
  6. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer’s obligations are immediately due and payable.
Article 12 – Liability
  1. Any liability for damage arising from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
  2. Not excluded is the seller’s liability for damage resulting from intent or willful recklessness on the part of the seller or his managerial subordinates.
Article 13 – Complaint duty
  1. The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.
  2. If a complaint is well-founded, the seller is obliged to repair and possibly replace it.
Article 14 – Guarantees
  1. If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold conforms to the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This warranty applies for a period of two calendar years after receipt of the sold by the buyer.
  2. The guarantee referred to is intended to effect a division of risk between the seller and the buyer in such a way that the consequences of a breach of a guarantee are always entirely for the account and risk of the seller and that the seller never assumes responsibility for a breach of a guarantee. can invoke Article 6.75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the buyer was aware of the infringement or could have been aware of it by conducting an investigation.
  3. The aforementioned guarantee does not apply if the defect has arisen as a result of injudicious or improper use or if – without permission – the buyer or third parties have made changes or have tried to make changes or have used the purchased item for purposes for which it cannot be used. is.
  4. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that manufacturer.
Article 15 – Intellectual property
  1. Peter Kalb retains all intellectual property rights (including copyright, patent law, trademark law, design and design law, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, scale models etc., unless the parties have agreed otherwise in writing.
  2. The customer may not copy or have copied, show to third parties and/or make available or use these intellectual property rights in any other way without prior written permission from Peter Kalb.

Article 16: Validity of Lessons and Cancellation Policy

  1. Each purchased lesson is valid indefinitely, unless otherwise specified. There is no fixed expiration date for the lessons, allowing the buyer to schedule lessons based on their own availability.
  2. The buyer has the right to cancel or reschedule a scheduled lesson up to 48 hours in advance. If the buyer cancels or reschedules a lesson within this 48-hour window before the scheduled start time, the lesson will be forfeited and considered completed. The seller reserves the right to enforce these cancellation conditions to ensure efficient scheduling of lessons and to allow other buyers the opportunity to book available time slots.

Article 17 – Amendment of general terms and conditions

  1. Peter Kalb is entitled to change or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Peter Kalb will discuss major substantive changes with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Article 18 – Applicable law and competent court

  1. Every agreement between the parties is exclusively governed by Dutch law.
  2. The Dutch court in the district where Peter Kalb is established has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
  3. The applicability of the Vienna Sales Convention is excluded.
  4. If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force.

These terms and conditions were last updated on September 9, 2023.

Tip: Listen to the most beautiful flamenco guitar songs here. Personally selected by Peter.

Sharing the love for the flamenco guitar. Peter Kalb is the name behind flamenco guitarist, composer and teacher El Periquín. He has been performing since 1983, sharing the stage with, among others, Naike Ponce, Andrés Marín, Stochelo Rosenberg and Laura Fygi.

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