Terms and conditions – nativity-musicals.com

Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Performance rights

Article 8 – Pricing

Article 9 – Delivery and implementation

Article 10 – Payment

Article 11 – Complaints procedure

Article 12 – Disputes

Article 1 – Definitions

In these terms and conditions, the following terms have the following meanings:

1. Consumer: The person or the person acting on behalf of an institution, who has purchased or will purchase products from nativity-musicals.com;
2. Day: calendar day;
3. Digital content: data that is produced and delivered in digital form;
4. Right of withdrawal: The option of the consumer to cancel the distance contract within the cooling-off period;
5. Entrepreneur: nativity-musicals.com
6. Distance contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content, and/or services, whereby until the conclusion of the agreement exclusively or partly, use is made of one or more techniques for distance communication;

Article 2 – Identity of the entrepreneur

nativity-musicals.com (Part of Stichting Musicals voor Onderwijs en Educatie)

Nijverheidsweg 10 H

3881 LA Putten

Phone number: +31 (0) 85 016 32 34

Email address: use the contact form

Netherlands chamber of commerce: 8168845

Article 3 – Applicability

1. These general terms and conditions apply to all materials offered by nativity-musicals.com. These products are purchased via the website at the address nativity-musicals.com

Article 4 – The offer

1. The offer contains a completely accurate description of the products and digital content. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
2. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

1. The agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of this acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. It’s mandatory for the consumer to provide a valid email address and to check the spam filter for incoming emails.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Upon delivery of the product, service, or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
5. The visiting address of the business location of the entrepreneur where the consumer can go with complaints;
6. The conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
7. Information about after-sales service;
8. The price, including all taxes on the product, service, or digital content if applicable. The method of payment, delivery, or implementation of the distance contract;
9. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
10. If the consumer has a right of withdrawal, the form for the withdrawal.
11. In the event of an extended transaction, the provision only applies to the first delivery.

Article 6 – Right of withdrawal

1. Because all products are delivered digitally and are immediately accessible to the consumer, the consumer has no right to withdraw.

Article 7 – Performance rights

1. The musicals of nativity-musicals.com are performed for an audience and therefore performance rights have to be paid for. These are included in the price of a musical package and therefore it’s important that a musical package is purchased for each group performing the musical. This only applies to schools and churches. If a musical is being used commercially, please first contact nativity-musicals.com for a commercial license.
2. On various places on the website, it’s indicated that each group performing the musical must purchase its own musical package. With multiple packages, a discount will be applied as indicated on the website.
3. The consumer is obliged to adhere to this and therefore to purchase the materials that are necessary and required per group.
4. If it appears that not enough musical packages have been purchased, an additional assessment will be made of at least the required materials and a fine depending on the difference in materials purchased and materials actually required.
5. If there is any doubt about the above points in this article, the entrepreneur must be contacted in advance to clarify the matter.

Article 8 – Pricing

1. The prices mentioned in the offer of products or services are including VAT if applicable.

Article 9 – Delivery and implementation

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The (digital) place of delivery is the (email) address that the consumer has made known to the entrepreneur.
3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously within 10 business days, unless another delivery period had been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this, not later than 15 days after he has placed the order. In that case, the consumer has the right to dissolve the (partial) agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid. If the musical package is delivered, but the extra options are delayed or not delivered, then the refund will only be applicable for the extra options and not for the musical package.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer. The entrepreneur uses email options to verify if the emails are delivered correctly.

Article 10 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amount owed by the consumer must be paid directly when the order is completed. The entrepreneur accepts PayPal and credit cards.
2. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.

Article 11 – Complaints procedure

1. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has found the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
3. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises which is susceptible to the dispute settlement.

Article 12 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.