General Terms & Conditions
- Constructs of Time: a seller of the products.
- Buyer: the consumer or organisation who buys a product from Constructs of Time.
- Product: Constructs of Time software and preset collections.
- Agreement: the (distance) sales contract between Constructs of Time and the Buyer and the subsequent obligations.
- Cooling-off Period: the period within which the Buyer can exercise their right to withdrawal.
- Right to Withdrawal: the Buyer's right to waive the Agreement within the cooling-off period.
- Third Party Software: third party programs required for the use of Constructs of Time products.
- System Requirements: the minimum requirements needed to install and use Constructs of Time products on a digital device.
- Digital device: a PC or a Mac.
Constructs of Time
E-mail address: email@example.com
Business address: Bogaardenstraat 1 B02, 6211SM Maastricht, The Netherlands
Chamber of Commerce number: 82334218
VAT number: NL003674720B34
Applicability of general terms and conditions
3.1 These general terms and conditions apply to any offer from Constructs of Time and to any Agreement entered into by Constructs of Time and the Buyer.
3.2 Prior to the conclusion of an Agreement, Constructs of Time will send these general terms and conditions to the Buyer electronically. Constructs of Time ensures that the Buyer can store the general terms and conditions on a durable data carrier.
3.3 These general terms and conditions also apply to any additional or subsequent purchases.
3.4 The applicability of any of the Buyer’s general terms and conditions are expressly rejected by Constructs of Time unless otherwise agreed in writing between Constructs of Time and the Buyer.
4.1 The offer contains an accurate and complete description of the Products that Constructs of Time sell. The description is sufficiently detailed for the Buyer to properly assess the offer.
4.2 If the offer has a limited period of validity, this must be expressly stated in the offer.
5.1 If the Buyer intends to purchase a Product from Constructs of Time, the Buyer places the Product in the digital shopping cart on Constructs of Time's online store using the 'Buy Now' button. The Buyer accepts the offer by clicking on 'Pay Now'. The Agreement is only entered into once the Buyer has paid Constructs of Time the purchase amount due, using one of the payment methods set up by Constructs of Time.
5.2 The Buyer will receive an order confirmation by e-mail from Constructs of Time.
Right to Withdrawal
6.1 The Buyer has the right to terminate the Agreement within the 14-day Cooling-off Period. Constructs of Time may ask the reason for termination; however, the Buyer is not obliged to provide this.
6.2 If the Buyer wishes to exercise their Right to Withdrawal, they must notify Constructs of Time by e-mail within the period set out in article 6.1. Constructs of Time will then send the Buyer an acknowledgement of receipt by e-mail once they receive notice of termination.
6.3 If the Buyer exercises their right to withdraw within the period set out in article 6.1, Constructs of Time must refund the Buyer for the cost of the purchase within 14 days.
7.1 The prices stated on the Products offered by Constructs of Time are in euros and exclusive of VAT. The VAT rate is calculated during the check-out process.
7.2 Constructs of Time may alter Product pricing annually. A price reduction in the Buyer's favour can be made at any moment.
7.3 If the offer includes a validity period, Constructs of Time may not increase prices unless these are due to changes in VAT rates.
8.1 Delivery of Constructs of Time Products is carried out electronically (by e-mail and/or download link). Constructs of Time processes accepted orders within a reasonable period of time but no later than 5 working days, unless a different delivery time is agreed with the Buyer.
8.2 In the event of a late delivery, the Buyer will be notified as soon as possible by Constructs of Time. For late deliveries, the Buyer has the right to terminate the Agreement. Upon termination of the Agreement, Constructs of Time will refund the purchase price to the Buyer within 14 days.
9.1 The Buyer must pay Constructs of Time the purchase amount due on check-out.
9.2 Payment is made at check-out via Shopify Payments or PayPal.
9.3 Constructs of Time accepts the following payment methods through Shopify Payments:
- American Express
9.4 The Buyer must immediately report any inaccuracies in the payment details provided to Constructs of Time.
10.1 If the Product is defective, the Buyer must notify Constructs of Time immediately. If Constructs of Time are at fault for the defect, they must ensure an appropriate solution to the problem, such as a refund.
10.2 The Buyer is responsible for being in possession of the correct System Requirements and Third Party Software in order to be able to use Constructs of Time Products. Constructs of Time is in no way responsible or liable for this. If doubt exists regarding the correct System Requirements for Constructs of Time Products, the Buyer can get in touch with Constructs of Time for more information.
11.1 Constructs of Time is not liable for any damage caused as a result of the Buyer providing inaccurate information (such as an e-mail address) to Constructs of Time and Constructs of Time acting according to this inaccurate information.
11.2 Constructs of Time is not liable for any damage caused as a result of the Buyer not having the correct System Requirements to use the Constructs of Time Products.
11.3 Constructs of Time is not liable for any damage caused to a Buyer's digital device when obtaining Constructs of Time Products or by downloading Third Party Software required to use these Products.
11.4 Constructs of Time is not liable for any damage resulting from a profit loss, business interruption, or loss of the Buyer's business data resulting from the use or inability to use Constructs of Time Products. The list is not exhaustive.
Constructs of Time Products and intellectual property
12.1 Constructs of Time Products are licensed and not sold.
12.2 Constructs of Time Products are protected by law and remain the intellectual property of Constructs of Time at all times. Without written consent, the Buyer is therefore not allowed to copy, modify, decompile, or share Constructs of Time Products with third parties.
12.3 Constructs of Time grants the Buyer the right to create and perform musical works using Constructs of Time Products.
Personal data processing
13.1 Constructs of Time complies with the General Data Protection Regulation (GDPR) and observes the personal data processing requirements set out in the GDPR.
13.2 Constructs of Time ensures appropriate technical and organisational measures regarding the security of electronic data transmission. In addition, Constructs of Time provides a secure web environment and takes security measures related to electronic payments.
14.1 If the Buyer is not satisfied with how Constructs of Time carries out the Agreement, the Buyer may communicate their objections by e-mail to Constructs of Time. The Buyer must communicate this within 2 weeks of becoming aware, or gaining reasonable knowledge, of the issue or omission that gave rise to the complaint.
14.2 The complaint must contain as much detail as possible to enable Constructs of Time to adequately respond to the Buyer’s complaint.
14.3 Constructs of Time will send the Buyer a complaint acknowledgement by e-mail and will get in touch with the Buyer within no more than 5 working days.
Applicable law and jurisdiction
15.1 Constructs of Time general terms and conditions and Agreements are exclusively governed by Dutch law.
15.2 The Dutch court holds the exclusive (international) jurisdiction to hear disputes between Constructs of Time and the Buyer.