TERMS AND CONDITIONS

YOU GOTTA PLAY BY THE RULES!

 

Terms and Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our privacy policy govern Gerrard Street’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website or order our products.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: [insert list of information].
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

If you have any questions regarding our terms & conditions, don’t hesitate contacting us

via info@gerrardstreet.nl or by mail: Gerrard Street, Blaak 6, 3011 TA Rotterdam. You can also call us at +31636444658.

These terms and conditions apply from march 1st 2019.

    - DEFINITIONS

    – Definitions

    Gerrard Street
    Gerrard Street BV, Located at Blaak 6 in Rotterdam The Netherlands, Kamer van Koophandel (chamber of commerce).

    You (“yours”, “you’re”, “your”)
    The Customer.

    Headphones
    The Gerrard Street Headphones included with replaceable parts and provided upgrades

    Website
    The Gerrard Street website: www.gerrardst.co.uk

    Subscription
    Contract between customer and Gerrard Street

    1. APPLICABILITY

    1. APPLICABILITY

    1.1 These Terms and Conditions are fully applicable to all contracts and other obligations between you and us and exclude all other terms and conditions, regardless of whether they have been provided by you or third parties, unless Gerrard Street has previously agreed in writing.

    1.2 These Terms and Conditions apply when you use our subscription.

    2. SUBSCRIPTION

    1. SUBSCRIPTION

     

    2.1 The headphones are rented for at least one period (depending on the subscription a month or a year) and the Subscription has an unlimited duration. The cancellation period is one month. Cancellation must be done via “My Account” on the Gerrard Street website before the start of the following period.

     

    2.2 The following points are in the Subscription:

     

    Rent of the headphones;

     

    Repair service due to wear and use such as:

     

    Ear and padding (s)

    Sound boxes

    Cable

    Buttons

    Headband

     

    Upgrades

     

    Repairs shipments (return envelopes and shipping costs are paid by Gerrard Street)

     

    2.3 Gerrard Street reserves the right to terminate the subscription immediately.

     

    2.4 The headphones remain property of Gerrard Street.

     

    2.5 Reselling or renting the headphones are forbidden.

    3. DELIVERY

    3. DELIVERY

    3.1 The headphones that we currently offer are only delivered in the UK and The Netherlands.

    3.2 We deliver the headphones to the address you specified when ordering. You can no longer change the address if we have already sent the package.

    3.3 The headphones are supplied in separate Modules, namely two sound boxes, two buttons, two ear pads, one headband, one cable and one jack connector including instructions for assembly of the modules.

    3.4 In the event of force majeure, Gerrard Street cannot be held liable for the possible non-delivery or delayed delivery of our services. In these Terms and Conditions, “force majeure” means any cause that falls outside the reasonable influence of Gerrard Street and that prevents normal fulfillment of an obligation. Repairs shipments (return envelopes and shipping costs are paid by Gerrard Street)

    2.3 Gerrard Street reserves the right to terminate the subscription immediately.

    2.4 The headphones remain the property of Gerrard Street.

    2.5 Reselling or renting the headphones is forbidden.

    4. RETURN POLICY

    4. RETURN POLICY

    4.1 You may always return the headphones within 14 days of receipt. You can do this by sending the headphones in the received package to Gerrard Street, Blaak 6 (3rd floor), 3011TA in Rotterdam

    4.2 If we have received the product and it is undamaged, we will refund the full purchase amount within 14 days.

    4.3 The costs for the return shipment are for your account.

    4.4 During the period that you have to consider whether you want to keep the headphones, you must handle the product and packaging with care.

    4.5 In the event of (premature) termination of the subscription, you must return the headphones in the box that you received upon delivery, or in your own box. You can request a return shipment simply and free of charge via the return portal. You will then receive a shipping label for the return shipment via mail. Print this label, stick it on the box and hand it in at a postal service point near you. We will cancel your subscription as soon as it is sent by the postal service!

    4.6 Upon (premature) termination of the Subscription, the headphones will be returned to Gerrard Street within 30 days. If parts are missing, you will be charged.

     

    5. REPAIR

    1. REPAIR

    5.1 Gerrard Street aims to deliver the replacement part within 92 hours, after the repair has been reported via the Gerrard Street website.

    5.2 The website contains instructions on how you can test which module is defective.

    5.3 If this target period is not achieved, you cannot claim any compensation or reimbursement.

    5.4 When the replacement module is delivered, a return envelope is delivered for the obsolete module. The return envelope including the outdated module must be returned to Gerrard Street within 30 days. Gerrard Street pays the shipping costs.

    5.5 Gerrard Street reserves the right not to repair headphones, but to offer replacement headphones

    6. THEFT & LOSS

    1. THEFT & LOSS

    6.1 In the event of theft you must always report the police. In the event of theft, you should also contact Gerrard Street. If no declaration is made, or the headphones are lost, an amount plus the deductible will be charged. This amount is on top of the deductible and can be found in Table 1 and depending on the type of subscription.

    Table 1

    DAY € 120

    BOSS € 180

    PRINCE € 240

    6.2 An excess is applicable if a theft is reported. The excess per type of subscription can be found in Table 2. Gerrard Street can request a copy of the declaration.

    Table 2

    DAY £ 40

    BOSS £ 60

    PRINCE £ 80

    6.3 Each year that no claim is made for the theft / loss scheme, the Excess is reduced by 10 pounds until an Excess of £ 0 is reached.

    6.4 In the event of theft or loss of the headphones, the Excess is increased by 30 pounds.

    7. OBLIGATIONS OF THE SUBSCRIPTION HOLDER

    1. OBLIGATIONS OF THE SUBSCRIPTION HOLDER

     

    7.1 The Subscription Holder is obliged to pay the subscription costs, in accordance with the provisions of Article 8.

    7.2 The Subscription Holder is obliged to check whether the headphones are complete upon receipt and to report this within 7 days if it is incomplete.

    7.3 You do not make any changes to the headphones unless this is necessary for a repair and on instruction from Gerrard Street.

    7.4 If you give the headphones to a third party for use, that third party is also bound by these Terms and Conditions, but the Subscription Holders remains ultimately responsible for the obligations under this agreement.

    8. PAYMENTS

    1. PAYMENTS

    8.1 All mentioned amounts include VAT.

    8.2 The price per month for a subscription is specified in our webshop. You can pay in our webshop with iDeal. Gerrard Street reserves the right to change prices at any time. The prices stated at any time are the final prices. No rights can be derived from previously shown prices.

    8.3 When entering into a Gerrard Street subscription you authorize monthly to automatically debit the subscription costs and any other costs incurred from the specified account number with creditor ID NL78ZZZ660994710000.

    8.4 If payment is not made by direct debit, all invoices from Gerrard Street must be paid within 14 days after the invoice date to an account number to be indicated by Gerrard Street. If no payment takes place after 14 days, Gerrard Street sends a reminder which must be paid within 14 days. If the amount owed has not been paid within the period of fourteen days, Gerrard Street can call in a collection agency. All additional administration costs and the extrajudicial collection costs are at the expense of the Renter.

    9. DURATION, TERMINATION AND ENDING YOUR SUBSCRIPTION

    1. DURATION, TERMINATION AND ENDING YOUR SUBSCRIPTION

    9.1 The subscription is entered into for an initial period as included in the subscription contract. After the expiry of the period, the agreement will be continued indefinitely. Gerrard Street has the right to terminate the subscription immediately if you:

    one or more provisions of the subscription does not, not timely or properly comply;

    applies for deferment of payment or is declared bankrupt;

    dies;

    are or will be placed under guardianship or otherwise lose the free disposal of your assets;

    9.2 You can cancel your subscription at any time by returning the headset via the return form. Please note that Gerrard Street will not refund any outstanding credit. So suppose you return your headphones with an annual subscription after 3 months, you would still pay for the full year.

    10. PENALTY CLAUSE

    1. PENALTY CLAUSE

     

    If the headphones are not returned to Gerrard Street within the 30-day period following the termination of the contract or after a subscription switch, Gerrard Street reserves the right to charge a penalty. This fine depends on your subscription type, see table 3. Gerrard Street can also file a report against you for theft of the headphones.

    Table 3

    DAY £ 120

    BOSS £ 180

    PRINCE £ 240

    11. LIABILITY

    1. LIABILITY

    11.1 You are responsible for reporting any defects and damage as soon as possible.

    11.2 We are not liable for damage caused by the use of the product. This does not apply if that damage was caused by our intent, gross negligence or willful recklessness. Your right to compensation will in any case be the maximum amount of the ordered and paid product.

    12. REGISTRATION OF DATA

    1. REGISTRATION OF DATA

    12.1 You are required to provide correct, up-to-date and complete information (registration data), which is required to order our headphones. This information must be current at all times; You are therefore obliged to update this information in the event of changes. We cannot be held liable for damage that has occurred because your registration data is not up to date.

    12.2 We will use the registration data to deliver the headphones you have ordered and to provide you with updates and information regarding the headphones before or after the sale. We protect your personal information well; see also our Privacy Statement on our website. We will not sell that information to third parties and its processing is subject to existing privacy laws and regulations in the United Kingdom.

    12.3 If you are not of age, or if you are acting on behalf of someone else, you require the consent of the person or legal representative.

    12.4 We reserve the right to terminate the contract on reasonable grounds if the information you provide is incorrect, inaccurate, out-of-date or incomplete. If the contract is terminated on these grounds, you are not entitled to compensation and you are liable for damage suffered by Gerrard Street, such as additional shipping costs.

    13. AMENDED CONTRACT   

    1. AMENDED CONTRACT

    13.1 Gerrard Street reserves the right to change these Terms and Conditions at any given moment. Gerrard Street announces changes in the Terms and Conditions at least two weeks in advance.

    14. FAILED FULFILLED OBLIGATIONS

    1. FAILED FULFILLED OBLIGATIONS

    14.1 If you have a complaint about the implementation of the agreement, please let us know. Send your complaint as soon as possible (and as fully described as possible) to info@gerrardst.nl. We will process your complaint as quickly as possible, at the latest within four days after we have received the complaint.

    14.2 Both you and Gerrard Street have the right to terminate the Subscription immediately if the other party has repeatedly and / or seriously failed to meet its obligations as described in the Terms and Conditions.

    15. APPLICABLE LAW

    1. APPLICABLE LAW

    15.1 UK law.

    15.2 In the event of a dispute, the court in London has jurisdiction.

    PRIVACY ENCLOSURE

    PRIVACY ENCLOSURE

    Gerrard Street believes it is essential that the personal details of its customers and relations are processed and secured with the greatest possible care. Gerrard Street also wants to be open about how your data is processed. That is why you will find an explanation below. The main thing is that Gerrard Street always complies with the requirements of the Personal Data Protection Act.

    Data registration and general use

    Article 1 – Order

    For your order we need your name, mail address, address (es), payment details and sometimes your telephone number. We will register, store and process your data for the correct processing of your order. In addition, this data can be used for a possible later warranty. We do not engage service providers to process your order.

     

    Article 2 – Newsletter

    Gerrard Street offers newsletters. This way you stay informed of offers, (discount) promotions and other news. To be sure of your permission, we use the opt-in system for newsletters. With every communication via this route a cancellation option is included.

     

    Article 3 – Market research

    It is possible that we ask you to participate in a market research. Gerrard Street will then use your data for market research. We use this statistical information anonymously for Gerrard Street. You can close the questionnaire at any time. We will not give your answers to third parties and will never be made public. In addition, the answers are not linked to your mail address.

     

    Article 4 – Viewing and changing your data

    For questions about our privacy policy you can contact us. You can view, change or delete your personal data.

     

    Article 5 – Changes to this privacy statement

    Gerrard Street can change this privacy statement. We will notify users registered with us with their mail address of changes. If you are not registered as a user, we recommend that you consult this statement regularly. For questions or comments about our privacy statement you can contact us through one of the following channels.
    Postal address: Gerrard Street BV, Westerkade 16, 3511 HB Utrecht. Telephone: 0647006223 Email: info@gerrardst.nl

     

    Article 6 – Revocation and objection

    You can object to the use of your data for our products and services. You can object via info@gerrardst.nl against the further transmission of the newsletter or against other e-mail advertising. A written notification (for example via e-mail or letter) is sufficient for this. The possibility of withdrawal applies to the consent of explicit data provision.

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