Terms & Conditions
These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between Roks Instruments and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession. A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession.
Unless otherwise stipulated, prices shall read in EUR, GBP & USD and shall include VAT (in The Netherlands 21% VAT). The website roks-instruments.com uses cookie technology in order to show website visitors product prices based on the IP-location of the website visitor that is being used as key indicator for the shipping destination country. The products are invoiced in a currency determined by Roks Instruments. Orders taken from Europe are invoiced in EUR, orders from the United Kingdom in GBP, orders from The United States of America in USD and orders from other countries outside Europe in EUR.
2.1 Payments orders outside online store
2.1.1 For Dealers
- Custom Orders: An order is considered confirmed after a down payment of 50% of the dealer price is received by Roks Instruments.
- Standard Available Instruments: An order is considered confirmed after a down payment of 30% of the dealer price is received.
2.1.2 For consumers and Businesses
Custom orders: An order is considered confirmed after a down payment of 50% of the total retail price is received by Roks Instruments.
2.1.3 The order will be shipped once Roks Instruments has received full payment for the complete order. If for any reason a payment is not made within 30 days of sending the final invoice, the ordered goods automatically become property of Roks Instruments. Down Payments are non-refundable. Roks Instruments will have the right to refuse or cancel any order whether or not the order has been confirmed. Any down payments made will be reimbursed by Roks Instruments.
2.2 Payments through the Online Store (not available for Dealers)
2.2.1 When a customer has placed an order, he shall receive confirmation by e-mail as soon as possible, with an overview of the order and the overall costs.
2.2.2 Each order shall only be delivered when the corresponding payment has been received, i.e. when the amount owed by the buyer has been credited to the Roks Instruments bank account.
2.2.3 The payment shall have to be effected in full within 14 days from confirmation as referred to in 2.2.1. Roks Instruments shall send a confirmation by e-mail when the payment has been received.
2.2.4 If the purchase price is not paid in full within 14 days, the customer shall be in default without any warning or notice of default being required. At that moment, all outstanding invoices owed to Roks Instruments shall become immediately due and payable in full.
2.2.5 As from the moment he is in default, the customer shall owe Roks Instruments an interest for overdue payment on the full amount owed, of 1.5% per month.
2.2.6 If Roks Instruments is obliged to call in the services of a collection agency or external legal assistance because the customer fails to comply with his obligation to pay, the costs to be incurred by Roks Instruments in this respect shall be for the customer′s account due to the fact that the latter fails to comply with his obligations in accordance with the agreement and/or the present general terms and conditions.
3. Delivery Times
3.1 The expected delivery date, mentioned on order forms or in any other forms of communication, can at any time be changed by Roks Instruments without prior notice.
3.2 If a product has to be manufactured in accordance with specifications given by the customer in writing that deviate from the standard, the period of delivery agreed upon with respect to that specific case, shall apply.
4.1.1 For Dealers
Shipping costs are not included in the dealer prices. All shipping costs must be paid by the dealer.
4.1.2 For Consumers and Businesses
Roks Instruments offers customers free shipping worldwide (DAP) on orders with a minimum order value of EUR 500,-. The costs of DAP transport within and outside The Netherlands shall be for the account of Roks Instruments. Roks Instruments reserves the right to refuse free shipping if the estimated cost of shipping to the destination country exceeds 15% of the value of the goods. In this case, Roks Instruments will contact the buyer and negotiate the terms of shipping and/or offer cancellation of the order.
4.2 All products shall be shipped using the services of a professional transport company. The products shall only be shipped outside The Netherlands in accordance with the rules and on the conditions of the transport company. Roks Instruments shall not be responsible for any act or omission on the part of the transport company.
4.3 Roks Instruments shall determine the transport method, unless parties explicitly agree otherwise. All transport shall be insured. If and to the extent the insured amount exceeds the standard insurance taken out by the transport company, the corresponding insurance costs shall be for the customer′s account. The provisions included in the conditions of the transport company cannot impair the stipulations of the present section.
4.4 Orders higher than the net amount of EUR 500,- will be shipped DAP (Delivered At Place). Roks Instruments is responsible for the costs of transportation to the customer. The customer is responsible for any additional costs i.e. Taxes, Import or Duty costs as invoiced by the transport company before delivery.
4.5 Orders lower that the net amount of EUR 500 will be shipped EXW (EX-Works). The customer will bear all costs associated with the transportation including but not exclusively: Taxes, shipping costs, import duty costs.
4.6 If no shipping address is provided by the customer, Roks Instruments will use the invoice address.
4.7 Damage During Shipping
In case of damage during shipping, the recipient must contact and inform the transportation company and Roks Instruments within 24 hours (1 working day) with a detailed description, including pictures, of the damage to the product and/or packing. E.g. for an instrument: detailed documentation of the instrument, the case/gigbag and packaging.
Damage reports received later than 24 hours after receiving the instrument(s) are not covered by our insurance, and the recipient will have to bear the cost of repair.
4.8 Custom and VAT
Please note that all orders are shipped from The Netherlands. Any import duties and taxes payable, will be charged once the parcel has reached the destination country. These charges must be paid by the recipient of the parcel. Roks Instruments is not in a position to inform the customer of these fees, and the customer is responsible for the payment of VAT and customs. If you have any questions related to customs charges, please contact your local customs office.
5. Return Policy
5.1 21-Days money-back guarantee
Roks Instruments offers consumers a 21-days money-back guarantee (custom instruments excluded). The customer is entitled to return the goods supplied within 21-days and receive a full refund of the paid article net price. The term shall commence when the goods have been received in full, by the customer. The timely dispatch of the goods or the request to return the goods shall be deemed sufficient for meeting the deadline.
5.2 If the order has been paid for in a different currency than EUR, the consumer will be refunded using the exchange rate of the date of purchase. Roks Instruments shall not be held responsible or accountable in case of unfavourable exchange rates evolution. Roks Instruments is not able to refund customs duties and taxes on orders shipped outside the EU. However, the consumer may be able to recover these by contacting his local customs bureau directly.
5.3 The right to return goods can only be exercised by returning the goods and informing Roks Instruments via the contact form provided on www.roks-instruments.com/return beforehand.
5.4 The right to return goods shall be excluded altogether for goods which have been manufactured or altered according to customer specifications. Therefore returning or exchanging custom instruments is not possible.
5.5 The return must be organized by the buyer. The buyer bears all costs associated with the return (i.E. Shipping costs, insurance, taxes).
5.6 The right to return the goods applies only, if the following conditions are met:
- The product shall be shipped using the services of a professional transport company.
- The buyer is held responsible for the product to arrive at the premises of Roks Instruments Breda, the Netherlands, in original condition and in the original packaging.
5.7 If Roks Instruments by any chance delivered the wrong product, Roks Instruments shall take said product back for its own account and ship a replacement product to the buyer, provided the conditions as set out in section 5.6.
5.8 If the returned goods are damaged or show signs of wear and tear that depreciate the value of the goods, Roks Instruments reserves the right to either reject the refund (the goods remain property of the customer) or by retaining an amount (determined by Roks Instruments) of the customers refund.
5.9 Should the customer make use of the right to return goods, Roks Instruments shall be entitled to demand appropriate compensation for the period during which the goods remain in the customer’s possession.
6. Force Majeure
6.1 Force majeure shall be understood to mean circumstances that prevent compliance with the agreement and that cannot be attributed to Roks Instruments.
6.2 Force majeure shall in any case, but not exclusively, be understood to be: industrial action, war, terrorism, natural disasters, problems with suppliers / transport / production, fluctuations in the exchange rate, government or regulatory measures, riots, acts of war, fire, water damage, and any other industrial turmoil at Roks Instruments and/or its suppliers as well as breach of contract on the part of the Roks Instruments suppliers.
6.3 In the event of force majeure, Roks Instruments shall be entitled to suspend performance of the agreement or to (partially) dissolve the agreement without judicial intervention and without being held to pay the customer any damages in this respect.
6.4 If the circumstances of force majeure last for more than six months, or if it has become an established fact that the circumstances of force majeure will last longer than six months, both parties shall be entitled to (partially) dissolve the agreement. In that case too, Roks Instruments shall not be held to pay the customer any damages.
7.1 Roks Instruments shall not be liable for the damage sustained by the customer, subject to the case said damage is the consequence of gross negligence or intention on the part of Roks Instruments.
7.2 Roks Instruments shall under no circumstances be liable for trading loss, losses due to delay, loss of profits or losses due to stagnation or for any other consequential damage sustained by the customer.
7.3 Roks Instruments shall be insured against damage. Liability for damage shall explicitly be limited to the amount the insurance pays out in the case concerned. If and in so far as said insurance does not pay out for any reason whatsoever, the liability for damage shall explicitly be limited to the invoice amount exclusive of VAT for the delivery that gave rise to the claim for damages.
7.4 Each and every further liability shall be explicitly excluded.
8. Dissolution of the agreement
8.1 Roks Instruments shall be authorized to dissolve the agreement without judicial intervention and without prior notice of default, if the customer fails to comply with his obligations by virtue of the agreement, if the customer has filed for suspension of payments or if he has been granted suspension of payments, if the customer has been declared bankrupt or an application to that effect has been filed, or if (a part of) the products being the property of the customer have been attached. Roks Instruments shall not owe the customer any damages in any of the above situations.
8.2 In the event the agreement is dissolved by virtue of article 9 section 1, Roks Instruments shall be entitled to demand payment by the customer to compensate Roks Instruments for the activities carried out and the performance of the agreement up to that moment.
8.3 Roks Instruments can invoke the above-mentioned dissolution in regards to the customer with a written statement.
8.4 The customer shall not be entitled to claim dissolution of the agreement with retroactive effect.
9. Intellectual property
9.1 All intellectual property rights to the ordered and delivered products, shall continue to be vested in Roks Instruments, including in the event a product has been manufactured on the buyer′s instructions or in accordance with his specifications.
9.2 All content on the roks-instruments.com web site shall be the property of or licensed to Roks Instruments and must not be used or copied without the consent to that effect of Roks Instruments.
10. 5-Year Warranty
10.1 The goods to be delivered by Roks Instruments shall meet the usual requirements and standards that may be imposed on them in reason the moment they are delivered. This warranty is made only to the original retail purchaser, subject to the limitations contained herein and is not transferable.
10.2 Roks Instruments shall guarantee the reliability of the products it delivers as well as the quality of the material used to manufacture them, to the extent said products show visible defects in respect of which the customer proves that they appeared within five years from delivery.
10.3 Roks Instruments shall remedy the defects that are covered by the guarantee as referred to in article 10 section 2, either by repairing them or replacing the faulty component, all this at the company of Roks Instruments or not, or by shipping a component to replace the faulty component. Roks Instruments shall be at liberty to opt either for repair or replacement. All costs exceeding the sole obligation of Roks Instruments as set out in the present section, shall be for the customer′s account.
10.4 This warranty does not cover:
- Any instrument that has been altered or modified in any way beyond the original condition of the instrument as delivered to the customer.
- Any instrument that has been damaged due to abuse, misuse, negligence, accident, or improper operation.
- The subjective issue of tonal characteristics.
- Any instrument that has been subjected to extremes of humidity or temperature.
- Normal wear and tear (e.g., worn frets, worn machine heads, worn plating, string replacement, scratched pickguards, or damages to or discoloration of the instrument’s finish for any reason).
- Any instrument upon which unauthorized repair or service has been performed by any third party other than Roks Instruments.
- Cracking, discoloration or damage of any sort to the finish or plating for any reason.
10.5 The customer shall have to inform Roks Instruments in writing of defects to delivered products as soon as possible after they are detected but in any case within the period of the guarantee. If said period of guarantee is exceeded, the possibility to rely on the guarantee in regards to Roks Instruments shall lapse.
10.6 Roks Instruments shall not give any guarantee for the research done, advice given and similar activities carried out by Roks Instruments at the provision of services level.
10.7 Wood as a material varies greatly in colour, texture, grain and figure. These natural characteristics are considered inherent material properties. Instruments will not be replaced, repaired or altered because of these conditions:
⦁ Natural variations in wood grain, veneer figure, character marks, texture or colour.
⦁ Prominent evidence of natural characteristics of wood when light finishes are selected.
⦁ Variations in finish from one instrument to another.
⦁ Changes in finish surfaces due to exposure to light and/or the natural aging process.
11. Place of fulfilment and place of jurisdiction
Dutch law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
The place of fulfilment for all services and products arising from business transactions with Roks Instruments shall be Breda, The Netherlands, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law.
If the customer is a merchant, legal person governed by public law or special fund under public law, Breda shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
12. Closing Provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.