Terms of Sale and Conditions of Use.
The website of Metrum Acoustics BV, owned and operated by and on behalf of Metrum Acoustics BV, which can be found at http://www.metrumacoustics.com is a platform created, developed and operated by Metrum Acoustics BV (”Metrum”), a Dutch corporation having its principal offices located at, Daviottenweg 9, 5222 BH 's-Hertogenbosch, the Netherlands, registered at the KVK (Chamber of Commerce) Register under number 78480817. These Metrum terms and conditions of sale (the “general terms of sale”) create a contract between you as the customer and Metrum. The customer shall be defined as a final user who is a physical person (at the exclusion of corporate entities) that purchases the products for purposes not related to a professional activity, resale or distribution. All purchases intended for a professional use, a resale or a distribution are strictly prohibited and any person who does not qualify as a customer shall contact Metrum’s help center at firstname.lastname@example.org for further information about Metrum’s selective distribution and its authorized dealers. Please read these general terms of sale carefully to ensure that you as a customer understand each provision.
These general terms of sale govern your purchase and acceptance of the delivery of Metrum’s products (“products”), which have been ordered by you as the customer and supplied by Metrum. The customer hereby agrees to be bound by these general terms of sale which apply when the customer agrees, either electronically or by a signed agreement with Metrum, to the sale of products and/or any services rendered by Metrum (hereafter the “services”). Metrum reserves the right to modify the present general terms of sale at any time and at its sole discretion. The updated general terms of sale will apply to any new offer or order, whatever the previous relation between Metrum and the customer. Unless proved otherwise, all information registered on the site https://www.metrumacoustics.com will be used as proof of all transaction(s) between Metrum and the customer.
II. Orders and payment
2.1. Orders can be placed on the website https://www.metrumacoustics.com
2.2. The customer must verify that the details of his order and the prices in his shopping cart on Metrum’s web store are accurate. All errors must be corrected before the customer confirms his order, following which Metrum will send customer an electronic confirmation of its order (hereafter the “order confirmation”). The order confirmation will be deemed as the validation of the order by Metrum, subject to the payment of the purchase by the customer. Particular conditions that apply to specific offers can be modified as long as the customer has not confirmed his order.
2.3. Metrum reserves the right to modify the products prices at any time. The purchase price of a product will be the price mentioned at the time the customer confirms its order, as mentioned in the order confirmation issued to the customer.
2.4. Metrum will send the order confirmation to the customer by electronic mail.
2.5. Invalid information provided by the customer for the purpose of the order confirmation will result in a delay in the processing of the order. Metrum will not be held liable for any delay(s) caused by the customer.
2.6. The customer acknowledges that the products offered for sale are subject to the availability of stocks.
2.7. If a product is out of stock, Metrum will do its best efforts to inform the customer prior to the order confirmation.
2.8. Metrum reserves the right to cancel or to refuse to carry out any order in case of an incomplete order made by the customer while registering information on Metrum’s web store (e.g.: illegible order, defect of essential information), or, in case of an order made by an insolvent customer or with whom there would have been prior payment issues or disputes with.. In such event, an e-mail will be sent to the customer. In order to prevent fraud cases, Metrum is entitled to (i) request further information from a customer and/or (ii) to limit an abnormally high amount of order(s).
2.9. Thus, receipt of an order by Metrum does not automatically result in its acceptance by Metrum. Metrum reserves the right to limit the quantity of ordered products and the right to refuse to sell products to any customer in regard to the aforementioned provisions. If an order cannot be carried out or is cancelled by Metrum, Metrum will notify this to the customer by using the e-mail address provided by the customer. The customer will not be charged if his order has been cancelled or cannot be carried out by Metrum. If the customer was already charged for an order which is later cancelled or which cannot be carried out, Metrum will make a total refund.
2.10. Various secured methods of payment are available for the purchase of the products made on Metrum’s web store, including payments by credit cards and debit cards. Metrum will charge the customer only once he has placed an order for a product through the services as formalized by the order confirmation. Metrum will not fulfill a product order until payment in full has been validated and charged by Metrum. The prices of the products appearing on Metrum’s website are indicated in the currency of the country of residence of the customer, all taxes excluded. All orders, regardless of their origin, must be paid online in EURO according to the authorized means of payment offered on Metrum’s website.
III. Delivery and Shipment
3.1. Metrum only accepts orders for delivery in the territories to which it sells to through its online website. The list of eligible countries is subject to modification from time to time by Metrum. Orders for countries not included in the list cannot be processed by Metrum at the moment. The customer is solely responsible for any shipping fees, custom duties and miscellaneous taxes for a return of a product purchased outside the customer’s country of domicile. All fees for a product return to Metrum shall be borne by the customer in the event where the customer places the order from a country where it is not domiciled or in the event where the customer purchases the product in one country but transports the product to another country which is not the country of original purchase. All returns by the customer are to be made with an accredited shipper that provides a tracking number. Delivery:
3.2. An order will be delivered as per the indicative delivery date stated in the order confirmation (depending on the carrier in charge of the delivery and the customer’s location). Delivery dates are approximate and Metrum may in particular not be held liable for any delay attributable to an event outside of Metrum’s control. In such case, if Metrum cannot meet the estimated delivery date, Metrum will contact the customer with a revised estimated delivery date. Moreover, in the absence of a delivery within sixty (60) days from the order Confirmation, the client is entitled to cancel his order, upon which he will be refunded the amount of the canceled order.
3.3. The delivery will be fulfilled when the products are delivered at the delivery address indicated by the customer and by the carrier upon its own responsibility.
3.4. If nobody is available at the customer’s address to accept the delivery, Metrum’s proposed carrier will leave a delivery note informing that the products were returned to their local depot. Where the products is returned to the depot, the customer shall contact the carrier to agree on a new delivery date.
3.5. If the customer fails to collect the product or accept a delivery within the time period to which it is indicated available by the carrier or by Metrum (at a depot for example), then Metrum reserves the right to terminate the order, and subsequently reimburse the customer and resell the product, unless the customer notifies Metrum of his will to agree on a new and final delivery date.
3.6. Notwithstanding the legal warranties of any product based on applicable law, the customer shall verify the conformity of the delivered product with regards to the order confirmation.
3.7. Therefore, if the product or the packaging of the product is damaged on delivery or in case of non-conformity of the product with regards to the customer’s order confirmation, then it is the customer’s responsibility to decline the delivery and promptly inform Metrum.
3.8. The customer shall verify the product’s conformity within five (5) days from the date of reception and shall express any claim to Metrum via email@example.com.
3.9. Any product which has been damaged during transportation or any non-conformity of the product with regards to the order confirmation, and whose delivery has been declined by the customer will be replaced or refunded by Metrum at no additional cost. Such return of the products shall be made through Metrum’s customer Service and/or, in any case, according to Metrum’s instructions and requirements, notwithstanding the application of clause 5.5 of these General terms of sale.
3.10. If the customer fails to decline the delivery of a damaged or non-conform product or a damaged packaging within the five (5) day period, a replacement or a refund of the product will be at Metrum’s discretion and might incur extra charges for the customer.
IV. Risk and Title
Retention of title:
4.1. Unless otherwise specified by Metrum in writing, title to the products shall pass to the customer when all sums due by the customer to Metrum are paid, including all applicable delivery charges. Metrum reserves the right to retake products at the customer’s expense or suspend a delivery, in case of payment default.
Transfer of risks:
4.2. Risk of loss will pass to customer upon the delivery of the products to the delivery address stated in the order confirmation.
V. Right of withdrawal
Period of exercise of the right of withdrawal:
5.1. The customer has the right to withdraw from a purchase for any reason within fourteen (14) calendar days, starting from the delivery date. An exception is made to products that have been produced to customer specifications and cannot be returned.
5.2. The products to be returned under Article 5.1 above must be in original condition with its original packaging. Original packaging shall include the original box, the box cover and the dust bag that was delivered with the product and which belongs to the product. In the case where the serial number is missing or if the original packaging of the product is missing or where there has been or a damage to the product, Metrum reserves the right to refuse the refund or to reduce the amount of the refund.
5.3. In order to cancel an order confirmation, the customer shall contact Metrum via firstname.lastname@example.org. The cancellation will be deemed effective from the date of confirmation of the request or from the date the letter was posted by the customer to Metrum.
5.4. The product must be returned to Metrum without excessive delay, through Metrum’s customer Service and/or, in any case, according to Metrum’s instructions and requirements.
5.5 If the customer decides to arrange shipment on his own, it is his responsibility to cover the shipment fees, to prepay any charges related to the return including Customs duties, insurance of the shipment and accept the risk in case of a damaged or lost product during transit. In case of a lost/damaged shipment, it is the customer’s responsibility to solve the problem directly with the carrier that he has chosen. Furthermore, the customer has the legal obligation to take reasonable care of the products while they are still in his possession or custody.
5.6. Provided that the conditions set forth under this Article 5 are fulfilled, the purchase price of the products and any applicable charges paid by the customer will be fully refunded by Metrum, except for the shipping fees and other associated fees incurred by the return to Metrum, such fees being at the expense of the customer.
5.7. Any refunds will be processed by Metrum as soon as possible, and in any case, no later than thirty (30) days starting from the date the customer has expressed his right of withdrawal. A refund will be transferred to the bank account that the customer has indicated in the order confirmation.
VI. Force majeure
Metrum shall not be responsible or liable for any loss or damage incurred by the customer herein resulting from causes beyond the reasonable control of Metrum, including, but without limitation, war, invasion, insurrection, riot, order of any civil or military authority, fire, natural disasters. The acceptance of the delivery of the products by the customer shall be deemed as a renunciation of all complaints against Metrum for loss or damages due to any delay.
7.1. Notwithstanding any legal warranty attached to any product based on applicable laws, Metrum warrants that upon delivery and for a period of 5 years from the date of delivery the products purchased hereunder will conform in all material respects to the applicable manufacturer’s specifications for such goods and will be free from material defects in workmanship, material and design under normal use.
7.2. The legal warranty does not cover damage resulting from normal wear and tear, as well as damage inflicted on or resulting from accident, mishandling, improper use, negligent handling, lack of reasonable maintenance and care, or abuse by anyone other than Metrum.
7.3 The legal warranty shall commence upon the date of delivery of the first product, independent of any exchange or replacement of the product during the warranty period independent of when it was purchased.
7.4 Online dispute resolution for consumers. The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner.
VIII. Limitation of Liability
8.1. Metrum shall not be held liable for any loss or damage caused to the customer or third parties due to misuse of the products. In any case, Metrum’s direct liability is limited to (i) refund of the purchase price for the product(s), (ii) repair of the product(s) or (iii) replacement of the product(s); provided, however that such product(s) must be returned to Metrum according to the provisions of these General terms of sale.
8.2. The customer’s statutory rights based on applicable law are not superseded by any limit contained in these General terms of sale. Nothing in these General terms of sale shall limit or exclude Metrum liability (i) for death or personal injury caused by Metrum’s negligence, (ii) for fraud, (iii) for any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law.
8.3. For products purchased on Metrum’s web store, the maximum liability of Metrum shall not exceed the actual purchase price of the product. In compliance with the previous paragraph, Metrum shall not be liable for any indirect damages suffered by the customer.
8.4. Metrum shall not, in any case, be liable for damages arising out of its control, such as services which are rendered by third-parties for the execution of an order (such as the carrier or the company in charge of the online payments)
IX. Intellectual Property
X. Personal data and cookies
The website is designed to take special care of the customers’ needs. It is, in particular, for that reason that cookies are used. No personal data is used for any purpose other than providing a seamless experience on the website. By using our website and web shop, you are consenting to Metrum using cookies for statistics and marketing purposes.
XI. customer Service
For any information or question, please contact Metrum at email@example.com.
XII. Governing law / Jurisdiction
These General terms of sale shall be governed by and construed in accordance with Dutch law. In the event where Metrum and the customer are not able to reach an amicable settlement of their dispute, Metrum and the customer agrees to submit all and any dispute arising from the conclusion, construction, performance or termination of these General terms of sale to the exclusive jurisdiction of the competent Courts of Utrecht – the Netherlands, without limiting customer’s rights under applicable law.