General Terms and Conditions
1. General scope of terms and conditions
1.1 The following terms and conditions apply to all orders conducted by Deepgrooves BV with its business relations.
1.2 The Deepgrooves BV terms and conditions shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other documents or correspondence from the customer, and no addition alteration or substitution of these terms will bind Deepgrooves or form part of any order unless expressly accepted in writing by a person authorized to sign on the behalf of Deepgrooves BV. The most recent terms and conditions shall also govern all future supplies and transactions between the Deepgrooves BV and the customer.
2. Contract acceptance and law
2.1 All legal contracts and business relations with clients are under Dutch law.
2.2 All jurisdiction arising claims concerning Deepgrooves BV, out of the business relationship, with a fully qualified legal business person have to be agreed in Leeuwarden, The Netherlands.
2.3 All orders placed by the customer are binding offers. Offers can be accepted by Deepgrooves BV by e-mail or writing within 30 days after receiving the order including all necessary documents, materials and files in perfect working condition to process the order.
2.4 All the Deepgrooves BV (webshop) orders have to confirmed by a written (digital) order confirmation after the clients payment before it is a binding offer.
2.5 All the Deepgrooves BV orders can be withdrawn at any time until the legally binding acceptance by Deepgrooves BV
2.6 All the information given or shared by Deepgrooves BV about services, details, pricing, weight, dimensions and other subjects are not valid until it is subject in an order conformation send to the customer.
2.7 Deepgrooves BV reserves the right to refuse orders at any time until the order confirmation has been send to the customer.
2.8 Correspondence through social media and other media, are printing and writing errors reserved.
2.9 In case of fraud or acceptance faults Deepgrooves BV can retract the acceptance of any binding contract at any time.
3. Pricing policy
3.1 All the Deepgrooves BV prices are excluding shipping costs, works, VAT relevant in the Netherlands and copyrights until confirmed otherwise in a order conformation.
3.2 All the Deepgrooves BV invoices need to be paid within 25 days after the invoice date. If the invoice is unpaid after 25 days Deepgrooves BV has the right to surcharge an additional 4% interest rate upon the base rate of interest.
3.3 The received date of payment is the actual date that the full amount of the specific order has been credited to the Deepgrooves BV bank account.
3.4 Upgrading of running orders is free, downsizing of a running order is limited to -20% of the total amount. A fee of 25 euro per adjustment of the order will be charged.
4. Delivery of goods
4.1 After receiving the payment and ideal and perfect materials in order to proces the order Deepgrooves BV will deliver the order within 12 weeks.
4.2 In case of non delivery or failed production Deepgrooves BV has the right to extend the standard delivery term of 12 weeks with another 10 weeks after the cause of non delivery has been determined.
4.3 If after this period of 10 weeks the customer refuses to accept the goods or explicitly declares not wanting to received the goods Deepgrooves BV can withdraw from the contract invoicing the customer for a maximum of 25% of the total order sum.
4.4 Deepgrooves is only responsible for the services and processes which have been provided directly by Deepgrooves. For services about mastering and cutting, Deepgrooves is only the provider and not the
producer of this process. For complaints and remarks about cutting and mastering, the correspondence is solely between the engineers of cutting and mastering and the client.
4.5 Deepgrooves BV has the right to choose to process of cutting. Which means either cutting it on lacquer or on DMM.
4.6 To guarantee that the order will be processed by Deepgrooves BV the customer needs to cooperate in full and deliver perfect materials and artwork in order for Deepgrooves BV to process the order properly, if this is not delivered right, Deepgrooves BV is not responsible for faults in the process and production.
4.7 All transport risk is for the customer and ex works unless agreed otherwise.
4.8 Unless agreed otherwise all transport fulfilment and routes will be determined by Deepgrooves BV.
4.9 All extra costs for customs, border control and all other non definable costs are at cost and risk of the customer.
4.10 All packages send to Deepgrooves BV for production purposes have to be submitted with clear white labels including name, address and the customers address. All packages also have to carry a clear name and catalogue number of the customer project.
4.11 Extra insurance of goods besides the basic courier insurance are at cost of the customer.
4.12 If Deepgrooves BV is unable to fulfil its delivery obligations due to force majeur, armed conflicts, increased volume of orders or infringements by its Contractual Partner Deepgrooves BV will be released from its obligation to perform.
4.13 Shipping of the products is for one delivery attempt only.
5.1 Deepgrooves BV has the right to adjust the product technically when there are no reasonable negative effects to the eventual product of the customer.
5.2 Machines are cleaned regularly but during the production process minor color difference might occur. These minor color differences are no entitlement to complain.
5.3 Under- and over production is common in the record pressing industry and can not be avoided. Deepgrooves BV has a policy of maximum of 7% plus or minus difference in production to be billed accordingly to the customer after production.
5.4 Production can be made and send in parts and needs to be accepted by the customer within the delivery performance terms.
5.5 Products delivered by Deepgrooves or and ordered at Deepgrooves do not neccessarily or explicitly have to be produced directly by Deepgrooves.
6. Proprietary- and copyrights
6.1 Deepgrooves BV reserves proprietary rights to the delivered items until full payment for the delivered items has been received including any subsidiary claims arising out of the contract.
6.2 If the customer is a businessperson, we reserve proprietary rights to the delivered item until we have received full payment of all accounts receivable arising out of the business relation with the customer, including any subsidiary receivables.
6.3 The customer is not permitted to sell on the delivered item until they have paid the claim in full.
If it is the customer‘s usual business to sell the items delivered by Deepgrooves BV to third parties, the customer is, by way of an exception, entitled to sell on the items delivered by Deepgrooves BV in their ordinary business. In case of allowed or unallowed sale of the item delivered, the customer herewith assigns to Deepgrooves BV all accounts receivable resulting from selling on the goods subject to reserved proprietary rights, which they are in due entitled to from the sale to their customer or from third parties, regardless of whether the delivered item has been sold on with or without processing. In the case of authorized sale the customer remains empowered to collect the receivables. Deepgrooves BV’s power to collect the receivable itself remains unaffected by this. In case of authorized selling on, however, Deepgrooves BV undertakes not to collect the claim itself, as long as the customer properly fulfills their payment obligation to Deepgrooves BV, in particular is not in default of payment.
6.4 Deepgrooves BV undertakes to release the collateral to which it is entitled at the request of the customer, provided the value of the collateral exceeds the value of the accounts receivable to be secured, if unpaid, by more than 20%.
6.5 In the event of seizure or other third party interventions regarding the item delivered, the customer shall notify Deepgrooves BV immediately in writing and forward all documents necessary for the intervention. If the third party is not able to reimburse the costs for Deepgrooves BV, the customer shall bear all legal and out of court costs, that have to be incurred in order to cancel the access and to re-procure the item purchases.
6.6 The customer guarantees that sound recording and storage media, their content, packaging and presentation and similar do not infringe the industrial or intellectual property rights and do not breach statutory laws and prohibitions. A corresponding, signed copyright declaration shall be submitted to us before the order begins. This way the costumer assures that he has unrestricted use of all commissioned services and the associated audio, image, text or other information, and that their exploitation do not preclude any rights of third parties. If claims are made against the customer due to infringement of third parties‘ rights, copyrights or forbearance to continue using the item delivered, they shall inform us immediately.
7. Liability and Warranty
7.1 No matter what the cause thereof Deepgrooves BV shall not be liable in any circumstances for any loss of profit, business, production, contracts, revenues, use of equipment, power system, information and data, or anticipated savings, or cost of purchased or replacement power, or payment of interest and financing expenses, or depletion of goodwill, or for any special, punitive, indirect or consequential damage of any nature whatsoever.
7.2 Notwithstanding anything contained in these terms & conditions or the order Deepgrooves BV liability shall be limited to 100% of the price of the product specified in the order.
7.3 The Customer agrees that Deepgrooves is authorized to inform the relevant authorities (for example BIEM or GEMA) about the Customer’s Order.
7.4 Following the completed press mould production the customer shall receive, if paid and agreed in the order, a Deepgrooves BV test pressing after which they can issue release for the complete pressing. Following the issued release it is no longer possible for the customer to complain about preceding work operations. If no clear tracklist and or other listing details is specified by the customer, Deepgrooves BV is not liable for any resulting errors, such as incorrect ordering or mixed up sides. Customer can make complaints by written notification within 7 days after received goods.
7.5 The delivered goods, especially the test pressing, must always be checked for correctness following receipt. Identifiable defects and under or incorrect delivery must be reported to Deepgrooves BV in writing within 7 days of receipt of the goods. Checking by us must be guaranteed. Reports of complaints only by written notification, if this will not be within 7 days after receiving, the client lose all claims regarding the defects and claim.
7.6 We are solely liable for redhibitory defects, which are verifiably due to fabrication or material defects.
7.7 All notified and redhibitory defects will be replaced or deducted in a credit. Deepgrooves BV has the right to chose the option of replacement or a credit. All extra costs are for Deepgrooves BV regarding shipping etc.
7.8 If the customer makes warranty claims against Deepgrooves BV and it is established that a warranty claim does not exist (e.g. user error, improper handling of the items, non-existence of a defect), the customer shall reimburse Deepgrooves BV for all costs incurred by Deepgrooves BV in relation to the delivered item, provided they are responsible for our claim due to carelessness, gross negligence or deliberate act.
7.9 Lacquers and stampers delivered by the Customer can only produced “as is” with all consequences and imperfections which are directly coming from the Customer’s direct sent source, the lacquer and or stamper.
7.10 Deepgrooves can never be held responsible for deadlines of releases, planned dates for release parties or any kind of agreements the customer made with third parties.
7.11 Paypal claims will automatically result in loosing all rights on the product by the customer.
8. Storage and Data
8.1 Pressing moulds (stamper set) remain the property of the customer for 18 months. They will be stored properly for 18 months at the risk of the customer without any charges.
8.2 Deepgrooves BV will always keep at least two test pressings and two completed finished products in archive for quality verification and legal obligations. these are property of Deepgrooves BV.
8.3 All transmitted and stored data towards and at Deepgrooves BV is on behalf of the customer risk. Deepgrooves BV is not responsible for lost or deleted data by storing or transmitting. Deepgrooves BV is not responsible to make any replacements of stored or deleted data.
8.4 All data must be delivered in common file formats as discussed with the customer. They must be legible, workable and ready for mastering or reproduction.
9.1 Your privacy is important to us. It is Deepgrooves’ policy to respect your privacy regarding any information we may collect from you across our website, www.deepgrooves.eu, and other sites we own and operate.
9.2 We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
9.3 We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.
9.4 We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
9.5 Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
9.6 You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
9.7 Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information.