General Conditions

General Conditions

VERSION: 24 MARCH 2011
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GENERAL TERMS AND CONDITIONS APPLICABLE BETWEEN Q-DANCE COMPANIES AND PRIVATE INDIVIDUALS

Chapter 1    General

Chapter 2    Privacy provisions and conditions for visitor registration

Chapter 3    Conditions for visiting events

Chapter 4    Conditions for online purchases of downloads and merchandise

Chapter 5    Conditions for services or products to be supplied by third parties

Chapter 6    Final provisions

CHAPTER 1    GENERAL

Article 1          Q-dance and these general terms and conditions
1.1     These general terms and conditions will be used by one or moreof Q-dance B.V.’s subsidiary, sub-subsidiary and/or sister companies(and/or their subsidiary or sub-subsidiary companies). Every companythat uses these terms and conditions will be consistently referred tohereinafter as a ‘Q-dance company’. Every Q-dance company must use theseterms and conditions itself in dealings with the other party/consumer,make them available on its Website and send them free of charge at therequest of an interested party. The Q-dance company as referred tohereis thus the ‘user’ of the general terms and conditions within themeaning of Section 231(b), Book 6 of the Dutch Civil Code. Q-dance B.V.is never a party itself to any agreement with the other party or theuser of these general terms and conditions within the meaning of thelaw. As such, Q-dance B.V. is never a party to a dispute or liabletowards the other party under these general terms and conditions. 

1.2     The Q-dance company has its registered office at De Entree 300,1101 EE Amsterdam, the Netherlands. The Q-dance company can be reachedvia the e-mail address info@Q-dance.com and telephone number +31 (0)208510600.

1.3     These general terms and conditions apply exclusively to privateindividuals and expressly not to parties in their capacity as aprofessional party to a contract with any Q-dance company. Differentgeneral terms and conditions of Q-dance apply to legal relationshipsbetween a Q-dance company and a professional contracting party.

1.4    These general terms and conditions apply among online visitors toany website of the particular Q-dance company. These terms andconditions also apply to visitors of any event organised by theparticular Q-dance company. Both types of visitors are covered by thedefinition of ‘Visitor’. The Visitor may also be the natural person andconsumer who enters into a purchase contract with an Q-dance companythat is governed by the rules of Book 7 of the Dutch Civil Code onconsumer sales, Section 227a and b, Book 6 of the Dutch Civil Code onthe formation of electronic contracts and Section 46a, Book 7 of theDutch Civil Code on distance purchase contracts.

Article 2    Disclosure and application of these general terms and conditions
2.1    These general terms and conditions have been filed at the Chamberof Commerce by Q-dance B.V. under number 34171269 and may be requestedand examined by any Visitor. These terms and conditions will also besent to anybody free of charge on request. Such a request can besubmitted by e-mail to info@Q-dance.com.

2.2     These general terms and conditions are also availableelectronically on the Website and the Visitor can save them forsubsequent examination as referred to in Section   243(2), Book 6 of theDutch Civil Code.  

2.3     The Website of the relevant Q-dance company clearly states theaddress and contact details of the Q-dance company that is responsiblefor the content of its Website.

2.4    The Q-dance company also refers, where reasonably possible, tothe general terms and conditions on an admission ticket for an Event.The Visitor can also take note of the general terms and conditions whenentering an Event, where these terms and conditions – or at least anextract thereof – are visible at the entrance.

2.5     When purchasing a product or procuring a service via a Websiteand when registering as a Visitor on the Website, the Visitor will beable to take note of the general terms and conditions before enteringinto an electronic contract.

Article 3    Definitions

‘General terms and conditions’:
These general terms and conditions apply to every legal relationshipbetween a consumer (hereinafter: the Visitor) and a Q-dance company withregard to the matters governed by these terms and conditions. Theyforman integral part of all agreements relating to the purchase,donationand supply of products and services via the Website. Thegeneral termsand conditions apply in accordance with the provisions ofSections231-234, Book 6 of the Dutch Civil Code. These general termsandconditions comply with the legislative requirements for distancepurchase contracts. 

‘Q-dance company’:
The relevant subsidiary, sub-subsidiary and/or sister company of theprivate limited company Q-dance B.V. in Amsterdam that is the user ofthese general terms and conditions in relation to the Visitor to itsWebsite or its Event, for which this company is responsible in allrespects. The relevant Q-dance company has its own activities, such asits own website or event.

‘Website’:
Every website of any Q-dance company, as operated and presented by thatlegal entity, to which these general terms and conditions apply and onwhich the following can be offered, whether or not in return forpayment: news, campaigns, prize questions, competitions, information,downloads and streams, merchandise, CDs, a forum or social network, andon which various third-party services may be offered with regard to thesale of tickets, transport tickets, hotel rooms or other services andproducts.

‘Third-party services’:
Services and products of third parties that are offered on or via aWebsite, which is visible to the Visitor by clicking through to a pageof this third party within the Website or by means of a hyperlink to asubsequent webpage, to which the general terms and conditions of therelevant provider of the services and products always apply in relationto the Visitor and must be accepted by the Visitor before a product orservice is purchased.

‘Visitor’:
The visitor to a Website and/or an Event, or the purchaser of a Producton the Website, according to the meaning of the provisions of theseterms and conditions. The visitor is always a consumer who is not actingin the course of a profession or running of a business, or on behalfofthese, and is the party designated by law as the ‘other party’ inSection 231(c), Book 6 of the Dutch Civil Code.

‘Event’:
Any event – including a festival and any associated camping facilities –organised by an Q-dance company in the Netherlands at its own expenseand risk and for which this Q-dance company uses these terms andconditions in relation to Visitors.

‘Product’:
A product that is offered by an Q-dance company to the Visitor on theWebsite which may consist of a digital (non-physical) product such as aDownload, Stream or an e-ticket, or a Merchandise product that isordered online but physically sent to the Visitor.

‘Merchandise’:
A physical product, such as an item of clothing, bearing a trade mark,name, logo or any artist’s name of or under the control of any Q-dancecompany, or a physical CD or DVD/BluRay (i.e. a physical sound or imagecarrier), which is purchased via an online web shop of an Q-dancecompany and sent by ordinary post to the Visitor, to which purchasecertain specific terms and conditions apply.

‘Download’:
A digital file – usually a music or video file – which is received fromthe Website by the computer of the Visitor, at his request, via aninternet connection, and which is normally offered in exchange forpayment by a Website in MP3 format with a minimum of 192 Kbps.

‘Stream’:
Listening, playing and/or viewing of a file by the computer of theVisitor via an internet connection, without that file being transferredto the Visitor’s computer.

Article 4    Amendment of terms and conditions
These general terms and conditions may be amended from time to time. Anamended version will then be published on the Website and filed at theAmsterdam Chamber of Commerce. The amended terms and conditions willapply from the publication date. If the Visitor does not wish to acceptthe amended terms and conditions, he must immediately stop using andvisiting the Website or purchasing products and/or services from aQ-dance company.

CHAPTER 2    PRIVACY PROVISIONS AND VISITOR REGISTRATION

Article 5    Privacy provisions
5.1     The privacy provisions in these general terms and conditionscorrespond to the ‘privacy policy’ as also separately applied andpublished on every website of the relevant Q-dance company.

5.2     The Q-dance company respects the privacy of every Visitor andensures that the personal data of the Visitor are treated confidentiallyand with care.

5.3     The details of the Visitor will be saved and used by therelevant Q-dance company to ensure that the supply of Products andassociated services runs as quickly and smoothly as possible and thus toperform any agreement. The Website subsequently recognises the Visitorfor this purpose by means of a cookie. By accepting these generaltermsand conditions, the Visitor hereby gives consent for the use ofcookiesinsofar as necessary.

5.4    The details of the Visitor to a Website will also be saved andused insofar as the Visitor has registered for a forum, the sharing ofdata in a social medium environment, such as Facebook or Twitter, andthe sending of a newsletter. The details will also be used:

a) to provide information in response to questions asked by the Visitor;
b) to send material, a Product or information requested or purchased by the Visitor;
c) to notify the Visitor about campaigns, competitions or contests;
d) to adapt the information on the Website for the Visitor;
e) for the administrative handling of transactions and payments;
f) for fraud and infringement prevention; and
for any other statutory purpose, such as a request from the authorities or police.

5.5    The Website may use the details of the Visitor to recommend otherProducts to the Visitor that tie in with earlier purchases. Data aboutthe use of the Website will be used by the Q-dance company for thefurther development and improvement of the Website.

5.6    The Visitor must register and create an account on the Websitefor the purpose of the acts mentioned in Article 5.4. The Visitor’susername, password, name, address, town/city, date of birth, sex,telephone number, mobile telephone number and e-mail address may berecorded and saved by an Q-dance company and used for Product purchaseson the Website.

5.7     By registering on the Website, the Visitor gives consent for theQ-dance company or its affiliated third parties to send himinformationby e-mail or post. The information that the Q-dance companyrequests,or will request in future, from the Visitor is not the sameeach timeand may differ according to the use thereof on the Website. 
 
Article 6    Sending further information
The Visitor is given the opportunity on a Website to indicate whether anQ-dance company may use his details for sending information aboutupcoming events, publications, offers, campaigns and other websites.After obtaining this consent, the Q-dance company may share theVisitor’s details with other companies forming part of the same group.There is also the opportunity to ask whether the Visitor wishes toreceive information about third-party activities, such as sponsors of aQ-dance company or its affiliated businesses. If this consent isgranted, the Q-dance company may share the Visitor’s details with thesethird parties. The Visitor may withdraw this consent at any time bysending an e-mail to info@Q-dance.com with the text ‘remove details’.

Article     7    Forum
7.1     The Visitor may register for a Forum (such as but not limited to‘Feestboek’) on a Website where information can be exchanged withothervisitors and with a Q-dance company. By registering for such aForum,the Visitor gives irrevocable consent to the relevant Q-dancecompany tosave his personal data and display messages sent by him –withusername, avatar or any photograph – on the Website. The Visitormayparticipate in discussions, write responses and read the views ofothersin relation to specific topics on the Forum of a Website.

7.2     The Visitor is personally responsible for the content of hismessages and fully indemnifies the Q-dance company against all damage,claims and actions in this regard. The messages of the Visitor on aForum may not be offensive or insulting and any Visitor who does notcomply with these conditions may be banned from the Forum.

Article     8    Access to details via social network accounts
8.1     When registering on a Website, the Visitor may enter his detailsby transferring them from an existing account at a social network(suchas Facebook or Twitter) to the Website and then amend orsupplementthem.  By clicking on one of the logos of the social medianetworks, thedetails that the Visitor shares with ‘Anyone’ within thechosen socialmedium will also be shared with the relevant Website ofthe Q-dancecompany concerned. The Visitor gives his consent for thispurpose.

8.2     The Visitor can adjust the privacy settings himself via hisFacebook, Twitter or other social medium account. The general terms andconditions of the third party in question, such as Facebook or Twitter,expressly apply to the sharing of these details from a social mediumaccount. The relevant Q-dance company makes use of the ‘FacebookPlatform’ rules for this purpose, by which it gains access to theVisitor's details. The Visitor of the Website is moreover asked by theQ-dance company whether he wishes to amend or supplement the details.

Article 10    Non-disclosure to third parties by the Visitor
10.1     The Visitor may not disclose his username and password to anythird party and is at all times responsible and liable for the loss ofthese details. If a third party becomes aware of these details, theVisitor must immediately report this via info@Q-dance.com, so that theQ-dance company can block further access to this account.

10.2     The relevant Q-dance company will not be liable under anycircumstances for the loss of the aforementioned details or for anydamage and costs that may arise from such a loss for the Visitor. Therelevant Q-dance company must ensure that the Visitor’s details are notpassed on or used for any purposes other than those that are strictlynecessary for the implementation of the general terms and conditions orthe performance of any purchase contract, as set out in the privacyregulations. The Visitor is personally responsible for keeping hisusername and password secret and fully indemnifies the Q-dance companyagainst all damage, claims and actions in this regard.

Article 11    Third-party services and privacy
11.1     Services or purchases are sometimes offered by third parties onthe Website of the relevant Q-dance company, for which the Visitorclicks through to that third party’s website. Chapter 5 (‘Conditions forservices or products to be supplied by third parties’) of thesegeneralterms and conditions apply in this regard. The Visitor cannormally seefrom the ‘current page’ status on his screen whether he islinkedthrough to a third-party website.

11.2     The Privacy Policy of the Q-dance company and these generalterms and conditions do not apply to websites, purchase contracts orservices provided by third parties. The Visitor must acquaint himselfwith the applicable terms and conditions of the third party concerned.

11.3     If the Visitor is asked to enter details on such a third-partywebsite, this will be done at his own risk and the privacy regulationsand general terms and conditions of that third party, which will bementioned on its website, will apply to the Visitor. Barring wilfulmisconduct or gross negligence, an Q-dance company will not be liableunder any circumstances towards the Visitor for actions taken by a thirdparty with regard to the Visitor’s details or with regard to theservices or products of the third party, which may or may not bedelivered to the Visitor. Any purchase, delivery or order that theVisitor makes or places with a third party serves as an agreementbetween that third party and the Visitor, regardless of whether theVisitor accessed the third party’s website via an Q-dance Website.

Article    12    Security
12.1    The Q-dance company applies security measures for the protectionof the personal data on the Website and its servers according to thelatest technical standards that are reasonably affordable and routine inthe sector. The Q-dance company complies in this way with thestatutoryrequirements of the EU Privacy Directive and Dutchlegislation. TheQ-dance company takes all reasonable measures toensure that onlyrelevant parties who have obtained consent from theVisitor or who areneeded in the performance of any agreement can viewand use theinformation.

12.2    The Q-dance company will not be liable under any circumstancesfor any damage suffered by the Visitor if a third party gains unlawfulaccess to the Visitor’s personal data despite the reasonable measures ofthe Q-dance company. Due to the nature of internet use and the onlinetransmission of data, the Q-dance company cannot warrant a completelysecure environment for the personal data to the Visitor. Any onlinetransmission of personal data ultimately takes place at the Visitor’sown risk. If the Q-dance company is at any time faced by an informationleak during which third parties appropriate personal data, or theWebsite is hacked or otherwise illegally breached and personal data isappropriated as a result, it must immediately inform the Visitor thereofinsofar as reasonably possible.

Article 13    Anonymised data
Every Q-dance company is authorised to use anonymised data of Visitorsobtained via services, purchases or the Website in order to be able togive advertisers information about traffic on the Website andstatistics. The personal data of the Visitor will not be provided inthis regard. Insofar as necessary, the Visitor gives consent for thispurpose by accepting these general terms and conditions.
CHAPTER 3    CONDITIONS FOR VISITING EVENTS

Article 14     General
14.1     The general terms and conditions in this chapter apply to alladmission tickets and accordingly form an integral part of allagreements for the sale, donation and delivery of admission tickets forEvents wherever these have or will be held.

14.2     The Visitor accepts the content of these terms and conditionsby acquiring and/or using an admission ticket, entering the Event venueand/or taking note of them via the Website. This also applies if anadmission ticket is obtained via third parties in any way.

Article 15    Admission ticket
15.1    Access to the event is only obtained by showing a validadmission ticket. Access to the Event is only available to people aged18 and older. People wishing to enter the Event may be requested andwill then be obliged to show proof of identity due to checks on theaforementioned age limit.

15.2    People younger than 18 will simply be refused entry to theEvent, in which case the Q-dance company will not be obliged to refundthe admission fee.

15.3    Admission tickets are and remain the property of the Q-dancecompany. Admission tickets may not be resold in any way to thirdparties, offered for sale to third parties in any way and/or providedfor or in the context of commercial purposes prior to the Event. If thisprohibition is breached, the Q-dance company will be entitled torefuseaccess to the Event and recover all ensuing damage from theVisitor.

Article    16    Searches
The Q-dance company is entitled to search or arrange for Visitors to theEvent to be searched before entering and/or during the Event. If theVisitor refuses to be searched, he may be refused entry to the Event,without any right to a refund of the admission fee, or may beimmediately removed from the Event.

Article    17    Prohibited items
17.1    At the risk of confiscation, a Visitor may not bring, either forhimself or another person, or have in his possession at the Eventvenue, any professional photography, film, sound and/or other recordingequipment of any nature, glassware, plastic bottles, beverages, food,drugs, cans, fireworks, animals, weapons and/or dangerous objects(including but not limited to spray cans or CS gas) or use such itemsprior to or during an Event. Confiscated items will not be returned.

17.2     Any Visitor who breaches this prohibition may moreover berefused entry or further access without any right to a refund of theadmission fee, or may be removed from the Event and/or handed over tothe police. Confiscated items will be destroyed.

Article    18    Refusal of entry
The Q-dance company generally reserves the right to refuse specificpeople entry or further access to the Event or to remove them from theEvent if it deems this necessary for maintaining public order and safetyduring the Event. This also applies if a Visitor wears or carriesclothing, texts or signs which, in the opinion of the Q-dance company,may be offensive, discriminating, insulting to or cause aggression orunrest among other Visitors as well as to undressing during the Event(including but not limited, for instance, to exposing the upper part ofthe body).

Article 19    Film and video images
Recording the Event in any form, including photographing, filming,making sound and/or image recordings, as well as reprinting and/orcopying from the programme booklet, posters and other printed materialsis not permitted without the express, prior and written consent of theQ-dance company.

Article     20    Own risk                
20.1    The Visitor enters the Event venue, which includes any shuttlebuses that are used to transport Visitors free of charge to the Event’sentry point, and attends the Event at his own risk. In this regard, theQ-dance company cannot be held liable, unless there is a case of grossmisconduct and/or wilful misconduct by the Q-dance company or itsmanagement. If nevertheless the Q-dance company can be held liable, anyliability of the Q-dance company will be limited to EUR 50,000 as aresult of damage due to personal injury or costs arising from theaforementioned entrance or attendance, such as but not limited tohearing, visual and other physical disorders or damage to the Visitor’sproperty, resulting from any cause, including those arising from theactions of other visitors, the Q-dance company, its personnel and/or thethird parties that it engages, such as standholders.   

20.2     The Visitor is expressly aware that loud music will be playedduring the Event. The Q-dance company advises Visitors to occasionallygive their hearing a rest during the Event by going to an area where nomusic is being played and to wear ear protection at all times.

Article 21    Programme
The Q-dance company will aim for the Event programme to be carried outin accordance with the announced schedule as far as possible. It ishowever not liable for deviations from this schedule and any resultantdamage to Visitors and/or third parties. The Q-dance company is notliable for the content of the Event programme or how it is performed,expressly including the length of the programme.

Article     22    Further rules
22.1    The Visitor to the Event is obliged to comply with theregulations, internal rules, any amendments thereof and the instructionsof the Q-dance company, the transport firm that runs the shuttle bus,the operators of the Event venue, the security staff, fire brigade,police and other authorised parties.

22.2    If the Visitor fails to comply with an order or breaches a ruleprohibiting certain behaviour, he will be immediately removed by thesecurity staff. Specific rules may apply to the site or venue of anyEvent and will be announced or published on site. If possible, theserules will also be published in advance on the Website of the relevantQ-dance company.

Article 23    Force majeure
In case of force majeure in the broadest sense, which in this regardalso includes the illness and/or withdrawal of the artist(s), strikes,fire, bad weather conditions, etc., the Q-dance company will be entitledto move the Event to another date or location or to cancel the Event.

Article     24    Moving or cancelling the Event
24.1    The Q-dance company will not be responsible for damage arisingfrom moving or cancelling the Event, as referred to above. If the Eventis moved or cancelled, as referred to above, the Q-dance company willpublicise this fact as far as possible in the manner that it deemsappropriate. The Q-dance company is only obliged in case of cancellationto refund the admission fee, but not the booking/administration costs,to the Visitor at his request.

24.2    The refund will only be made, within a reasonable period afterthe date of the cancelled Event, if the Visitor produces a validadmission ticket, in the manner stipulated and announced by the Q-dancecompany (or the party that processed the ticket payment) by means ofchannels that it will announce.

Article     25    Image and sound recordings
25.1    The Q-dance company is authorised to make or arrange for imageand/or sound recordings to be made of the Event and the Visitors to theEvent and to reproduce and/or publicise or arrange for the publicationof these recordings in any form and in any manner. By obtaining anadmission ticket to the Event and/or entering the Event venue, theVisitor unconditionally consents to the aforementioned recordings beingmade and to the processing, publication and use thereof, in thebroadestsense, without the Q-dance company or any of its affiliatedcompaniesbeing liable to pay any compensation to him at any time.

25.2    The Visitor hereby irrevocably renounces any interest that hecould have in the aforementioned recordings. Insofar as the Visitor hasany copyright, neighbouring rights and/or portrait rights to theaforementioned recordings, he hereby unreservedly assigns these rightsto the Q-dance company and hereby irrevocably renounces his personalityrights and/or will not invoke these rights.

Article    26    Smokefree Event
26.1    The Visitor may not smoke at an Event that is organised inside avenue by the Q-dance company. Smoking is only permitted in designatedsmoking areas. The Q-dance company will take reasonable steps to makeVisitors aware of the smokefree nature of the Event, but cannot warrantthat the Event will be entirely smokefree. The Visitor will not beentitled under any circumstances to a refund of the admission fee or toany other compensation if the Event is not entirely smokefree.

26.2    If an order to stop smoking or a ban on smoking is breached, thesecurity staff will immediately remove the Visitor insofar as possibleand any fines imposed on the Q-dance company because of the Visitor’sbreach will be recovered from the Visitor.

Article 27    Tokens
Tokens purchased during an Event will only be valid for that Event.Purchased tokens can only be exchanged during an Event. The Q-dancecompany will not under any circumstances refund the purchase price oftokens after the Event.

Article 28    Festival
All terms and conditions of this chapter expressly also apply to afestival organised by a Q-dance company. A festival may be an Eventorganised for a single day or several days, with or without campingfacilities.

Article 29    Camping facilities
The Q-dance company may also offer camping facilities to Visitors at anEvent, which offer will be valid for as long as those facilities remainavailable. The Visitor must purchase a special camping ticket foraccessto the camping facilities, which will be exchanged at theentrance for awristband that will give him access to the campingfacilities for theentire Festival. Further to the terms and conditionsof this chapter,the Visitor may not take the following items from thecamping facilitiesand/or use the following items, even at thecampsite:

a) Campers, caravans, delivery vans, minibuses or other cars (all vehicles must be parked at the designated car park);

b) Candles, torches, oil or gas lamps, gas cylinders, sharp objects, tapsystems, sound systems (other than a small radio), barbecues and/orother cooking or kitchen equipment (unless otherwise announced in thecampsite rules, as referred to below), or generators. 

Article         30    Campsite rules
30.1    Camping and sleeping is only permitted in tents at the campsiteand not in cars or otherwise in the car park. All vehicles must beparked in the car park. The Visitor must carry all items that need to betaken to the campsite himself.

30.2    Each Visitor to the campsite may not take along more than 3(three) litres of non-alcoholic or weak alcoholic beverages. Glasswareand/or strong alcoholic beverages are strictly forbidden. No drinks –alcoholic and/or non-alcoholic – may be taken from the campsite to theEvent venue. Visitors may take their own food to the campsite, but thismay not be taken to the Event venue.

30.3    The Visitor will be searched and checked at the entrance to the campsite and again at the entrance to the Event venue.

30.4    Trading, in any form whatsoever, is not permitted in the carpark, at the campsite or in the Event venue. Goods may not be defacedother than expressly in designated places. The Visitor must deposit anyform of refuse in the designated rubbish bins.

30.5    Climbing on stages, barriers, gates or scaffolding is notpermitted. The breach of any of these conditions may lead to thesanction of removal from the Event venue and/or the campsite without anyrefund of the admission fee. 

30.6    The Q-dance company may lay down further practical rules in the‘Campsite Rules’ that will be put up or distributed, in relation to:

-    using showers and washing facilities at the campsite;
-    refuse collection;
-    barbecue/cooking options;
-    putting up tents;
-    following the instructions of government, security and service employees;
-    other relevant instructions for camping with regard to public nuisance and similar matters.

CHAPTER 4    CONDITIONS FOR WEBSITE PURCHASES

Article     31    General
31.1    The terms and conditions in this chapter apply to every offer,acceptance and purchase contract of any Visitor in respect of a Producton the Website. Such a Product may include a Download, e-ticket,Merchandise product – including a physical CD or DVD – or anotherProduct that is offered.

31.2    This chapter and the purchase contracts referred to herein onlyrelate to distance purchase contracts, i.e. contracts that are enteredinto online (confirmed by e-mail), as referred to in Section 227a, Book6and/or 46a, Book 7 (Consumer Sales) of the Dutch Civil Code. Thesegeneral terms and conditions comply with the legislative requirementsfor distance purchase contracts. Each Product will be offered for aslong as stocks last.

31.3    All details that the Q-dance company must provide as the sellerto the Visitor in accordance with Section 46c, Book 7 of the DutchCivilCode are included in these general terms and conditions or on therelevant Website. The following is stated on the Website where theVisitor purchases a Product:

a) the identity of the relevant Q-dance company and whether the Visitor must pay all or part of the price in advance;
b) the most important features of the Product;
c) the price including taxes;
d) any delivery charges;
e) the payment method and how the purchase contract will be performed;
f) any cancellation method for physical Products (which does not applyto purchased Downloads, Streams, e-tickets or a transport agreement);

Furthermore:
g) the costs for the use of communication resources by the Q-dance company will not be passed on to the Visitor;
h) there is no specific period for acceptance of the offer by theVisitor besides the rule that the offer by its nature (except in case ofDownloads and Streams) is limited for as long as stocks last or theProduct is available;
i) there is no question of an agreement that extends to continual or periodic delivery.

31.4    After the distance purchase contract is concluded between theQ-dance company and the Visitor, the Visitor will receive an e-mail,specifically providing the information for points a) to f) above andstating that the Purchaser may cancel the purchase contract for physicalProducts within seven working days of receipt of the Product. However,this method of cancellation does not apply to the purchase of aDownload, Stream, e-ticket, transport agreement or any service inrelation to leisure activities.

Article 32    Online purchases of Downloads and Streams
The Visitor may purchase Downloads and Streams on the Website of therelevant Q-dance and receive or listen free of charge in some cases. Theservice to be provided by the Q-dance company on the Website entailsgiving the Visitor the opportunity to stream music and other filesand/or download these files at a specific price. Music is provided tothe Visitor via the internet connection. Streams can be listened to freeof charge, as indicated on the Website. If the Visitor wishes todownload a specific file, he must indicate how he will pay for theDownload.

Article 33    Merchandise, tickets and other products
The Visitor may purchase Merchandise items, tickets, e-tickets or otherProducts on the Website of the relevant Q-dance company, as a result ofwhich the electronic distance purchase contract comes into being.Theseforms of purchase also fall under the terms and conditions ofthisChapter. Merchandise items, including physical CDs and DVDs, aredelivered by ordinary post to the Visitor as indicated in these termsand conditions below.

Article 34     Consent
Any Downloads, Streams or Merchandise items that are offered on aWebsite are always offered with the express consent of all the artists,record companies, authors and designers concerned with whom the Q-dancecompany has entered into an agreement.

Article 35    Registration
The Visitor must be registered in accordance with the provisions ofChapter 2 of these terms and conditions before any distance purchasecontract can be concluded with the Q-dance company for a Product that isoffered on the Website.

Article 36      Prices and costs of Downloads and Streams
36.1    The Website clearly stipulates the price that the Visitor mustpay for each Product before it can be downloaded. The Website alsooffers the Visitor the opportunity to purchase several Downloads at a‘bundle’ price. These bundles are available for sale in variousquantities of Downloads.

36.2    All prices are valid until other new prices are indicated on theWebsite. No interim price alteration is possible in respect of aDownload that has already been purchased but not yet delivered for anyreason. All specified Product prices always apply subject to the VATrate remaining unaltered. If the VAT rate changes, the new VAT rate willautomatically apply from the date on which the associated statutoryamendment comes into force.

36.3    The Visitor will not be charged for any costs other than thepurchase price of a Download or a Download bundle. The cost of theinternet connection used by the Visitor is payable by the Visitor.

36.4    A precise description of the relevant music or other file, theartist or artists, the title of the composition, the duration of thistitle and the format in which it can be purchased is provided for eachDownload. The Website offers the Download in an MP3 format of at least192Kbps.

36.5    The time that the Visitor’s computer takes to collect theDownload that is made available by the Q-dance company after purchase,depends strongly on the type and quality of the Visitor’s internetconnection, for which the Q-dance company is in no way responsible orliable.

Article 37    Prices and costs of Merchandise
The Website clearly stipulates the price that the Visitor must pay foreach Product before it can be delivered. All prices include VAT andexclude delivery charges. The Visitor will not be charged for costsother than the purchase price and delivery charges. All prices are validuntil other new prices are indicated on the Website. No interim pricealteration is possible in respect of a Product that has already beenpurchased but not yet delivered for any reason. All specified pricesalways apply subject to the VAT rate remaining unaltered. If the VATrate changes, the new VAT rate will automatically apply from the date onwhich the associated statutory amendment comes into force.

Article 38      Formation of the purchase contract
38.1    A contract for the purchase and sale of a Product between theVisitor and an Q-dance company will only be concluded after the Visitorhas accepted the offer on the Website in the appropriate manner, hascorrectly agreed to the purchase procedures on the Website and madepayment to the party which processes payments on behalf of the Q-dancecompany. The Q-dance company will send or arrange for an e-mail to besent as soon as possible, confirming that the purchase contract has beenconcluded, to the Visitor who has purchased a Product.

38.2    The Q-dance company is entitled to refuse certain purchases ofthe Visitor if it has obvious misgivings about the Visitor’s ability tofulfil its financial obligations or if there is doubt about otherfactors that may be relevant to the conclusion and performance of thepurchase contract with the Visitor. Any future agreements will berefused if the Visitor breaches the further user rules referred to inArticle 43 and/or 54.

38.3    The Q-dance company is responsible for adopting technical andorganisational measures to secure the electronic transfer of personaldata and payment transaction information.


Article 39    Conformity
39.1    The Q-dance company undertakes towards the Visitor to deliverthe Product according to the description, quality and quantity asdescribed for each Product on the Website and in the ‘shopping cart’list which the Visitor has virtually filled with a Product to bepurchased. Merchandise Products will be delivered allowing for thenormal size, colour and quantity tolerances, unless expressly agreedotherwise. The visible photograph of the Merchandise Product on theWebsite, if available, provides as reasonably as good an impression aspossible of the Product to be purchased by the Visitor.

39.2    The Visitor must inspect the purchased Product immediately afterdelivery to check whether it conforms to that which he ordered andpurchased. If that is not the case, the Visitor must report this withinseven days of receipt to the e-mail address of the relevant Q-dancecompany. The Q-dance company need only choose whether to refund thepurchase price or deliver another Product of the same type if it isdemonstrated to it in writing or by e-mail that the Product – in theabsence of any fault of the Visitor or reasons that should be for theVisitor’s expense or risk – does not conform to that which the Visitorpurchased. Insofar as a purchased Product cannot be played or otherwiseused because the Visitor’s computer or connection does not meet thestated technical requirements, the Q-dance company will not be obligedunder any circumstances to refund or replace the purchase.

Article 40    Approval period for Downloads
40.1    The Visitor may listen in advance and free of charge to anabridged version of each Download one or more times without buying it,however only as Stream (during which the file is not sent to the Visitorbut is listened to from the Website server). By offering this option,the Visitor has the opportunity to consider the suitability and choiceof the Download for purchase.

40.2    Due to the nature of the Product offered by the Q-dance companyas a Download to the Visitor – the distance purchase of an electronicmusic or other file – one-off purchases of Downloads may not be returnedby the Visitor and the purchase price of a Download will not berefunded under any circumstances, unless the delivery of the Downloaddoes not comply with the Visitor’s reasonable expectations for technicalor other reasons. The statutory approval period with regard to theProduct to be purchased by the Visitor is complied with by offeringStreams of all available Downloads.

Article 41    Payment
41.1    Payment may take place by means of an instruction for thatpurpose from the Visitor to the Q-dance company or the designated partywhich processes payments on its behalf.

41.2    The relevant Q-dance company that manages the Website is in noway liable for errors, malfunctions or faults in or with regard to thepayment by this third party or parties to the Website. The Visitor isbound by means of a standard agreement with such a third party thatprocesses payment to its general terms and conditions, which the Visitormay request from that party. The Q-dance company is not responsibleforthe content of those general terms and conditions.

41.3    After the Visitor has issued his payment instruction and thepayment has been made via the third party that processes payment for theQ-dance company, the Website will make the Download paid for by theVisitor available for collection electronically by the Visitor’scomputer or send the Merchandise Product.


Article     42    Downloading files
In order to carry out Downloads, it is firstly necessary that theVisitor has installed certain software on his computer, which will bemade available by the Website at the time of his registration. If aDownload or Stream is purchased on a Website, this Website will notunder any circumstances sell or deliver a physical Product on order toreplace this and expressly will not send any physical products to theVisitor.

Article 43    User rights for Downloads
43.1    The Visitor may play the purchased Download on a computer orburn it on a sound carrier. The Q-dance company which offers Downloadsand Streams does not warrant that the Download purchased by the Visitorwill be capable of being played, after it is burned on a particularcarrier in a particular format, on any player that can reproduce music.This company likewise does not warrant that every burner will be abletoprocess the data of the purchased Download. This is all stronglydependent on the hardware, software and peripheral equipment that theVisitor uses and for whose functionality the Q-dance company is in noway responsible or liable.

43.2    The Website includes user instructions that precisely explainhow downloading and streaming from the Website work and state theminimum requirements for the Visitor’s computer.

43.3    The relevant Q-dance company which offers Downloads and Streamsmust ensure that the Visitor’s questions, comments and reasonablerequests with regard to any problems are responded to within areasonable period and that these are dealt with adequately. The Visitorcan make contact for this purpose by using the e-mail addressinfo@Q-dance.com.

Article 44    Delivery of the Download
44.1    A purchased Download will be delivered, in principle,immediately after the purchase contract is concluded. The Visitor willbe immediately informed by means of a pop-up screen that the Downloadfrom the Website is available to be collected by his computer, by meansof an internet connection. The Visitor must abide by and agree to theuser rules stipulated at that time. When the Visitor indicates that hiscomputer is ready to collect and receive the Download, the Q-dancecompany will make the Download available on a one-off basis. The Visitoris responsible for giving any incorrect instructions and the Q-dancecompany is not liable in this regard. 

44.2    The Q-dance company is not obliged to perform or supplement thedelivery in any way other than is indicated here. Any power failure,malfunction, defect or other impossibility to receive the Download,other than an attributable fault on the side of the Q-dance company, isand remains entirely at the Visitor’s expense. If the Visitor cancelsthe transfer when the Download is made available by the Q-dance company,for instance, this will not be made available again.

44.3    If the Visitor does not receive the Download for any reason, orcannot use or play the Download for any reason, he may however contactinfo@Q-dance.com for help, questions and/or comments. The Q-dancecompany will only make the Download available to the Visitor again if itis reasonably able to accept that the delivery of the Download hasfailed for a reason that should not be attributed to the Visitor.

44.5    The Q-dance company must make all reasonable efforts to performthe delivery according to the Visitor’s reasonable expectations. Ifnecessary, the Q-dance company will be available to assist the Visitorwith any problems or questions relating to the delivery of Downloads bymeans of its e-mail address or by telephone. The Q-dance company is notliable for any damage to the Visitor’s computer, consequential damage,losses due to delays, or damage caused by power failures or a poorinternet connection.

44.6    If the Visitor fails to make any payment, the Q-dance companywill be entitled to suspend the relevant agreement and delivery,terminate the agreement without being liable to pay any compensation, orclaim specific performance.

44.7    If the delivery of a specific product is temporarily impossible,for instance because of a technical malfunction or otherwise, and theVisitor has already paid for that product, the Q-dance company willperform the delivery as soon as possible or refund the purchase amountto the Visitor, at the Visitor’s request by e-mail, if delivery hasstill not been taken place after seven days.

44.8    Technical problems may occur on the Website and certain filesmay temporarily not be available for downloading by the Visitor at thatmoment. The Q-dance company is not liable under any circumstances forany resultant damage or delay caused to the Visitor.

Article 45    Delivery of Merchandise
45.1    As soon as the Q-dance company has received payment in full, itwill be obliged to deliver the purchased Product. Deliveries will onlybe made to an existing postal address. The Q-dance company undertakestowards the Visitor to package the Product properly and secure it insuch a way that it reaches the delivery address in good condition bymeans of normal transport.

45.2    The delivery of a purchased Merchandise Product will take place,in principle, within 14 days of the conclusion of the purchasecontractand receipt of payment. The Visitor will be immediatelyinformed bye-mail that the contract has been concluded, the Producthas been paidand that it will be sent. The Q-dance company will makereasonableefforts at all times to deliver the Products within 14 days.Orders maysometimes be delivered later due to a dependency onsuppliers.

45.3    If a particular Product is no longer in stock, the purchaserwill be advised thereof by e-mail. If the delivery takes longer than 30days, the Visitor will be entitled to immediately cancel the purchaseand obtain a refund of the purchase price.

45.4    If the delivery of a specific Merchandise Product is temporarilyimpossible, for instance because of a technical malfunction orotherwise, and the Visitor has already paid for that product, theQ-dance company will perform the delivery as soon as possible or refundthe purchase amount to the Visitor – but only at the Visitor’s requestvia the helpdesk – if delivery has still not been taken place afterseven days. The Q-dance company is not liable under any circumstancesfor any resultant damage or delay caused to the Visitor.

45.5    The warranty provisions of the manufacturer often apply tocertain Merchandise Products. The Visitor may contact the helpdesk forquestions about this warranty.

Article     46    Returning Merchandise Products
46.1    The Visitor may return Merchandise Products within seven workingdays of receipt, only including CDs or DVDs if they are still sealed.Tickets, CDs and DVDs with a broken seal cannot be returned. Returnconsignments may be sent to the relevant Q-dance company, quoting theorder number, at P.O. Box 1, 3640 AA Mijdrecht, the Netherlands.
46.2    After the Q-dance company has received the return consignment,the amount will be refunded to the Visitor’s account provided that thestated conditions have been met and the Purchaser has provided reasonsfor returning the items.

CHAPTER 5    CONDITIONS FOR SERVICES OR PRODUCTS TO BE SUPPLIED BY THIRD PARTIES

Article 47    Third-party terms and conditions and agreements
47.1    The Visitor is linked in some cases via the Website to thewebsite of a third party if this third party is responsible forperforming a specific service or supplying a certain Product.  TheVisitor can see from the ‘current page’ status on his screen whether heis linked through to a third-party website. This is also visible whenthe Visitor enters into any distance purchase contract with this thirdparty.

47.2    If the Visitor proceeds to purchase a product or service fromthis third party, any general terms and conditions of that party will beapplicable thereto and the Visitor will enter into a purchase contractwith this party. This third party is then liable for the fulfilment ofany obligation towards the Visitor.

47.3    Although the Q-dance company chooses all third parties concernedwith care, it is not a party to any agreement between the Visitor andthis third party. The Visitor indemnifies the Q-dance company againstany claim for costs or damage that may arise from an agreement with thisthird party. Any applicable general terms and conditions of the thirdparty may always be requested on the website of this third party.

Article 48    Payment of e-tickets
If the Visitor purchases an e-ticket for an Event of the Q-dancecompany, the payment for this Product will usually be handled for theQ-dance company by a third party. This third party will normally use itsown general terms and conditions in relation to the Visitor as thepurchaser of the admission ticket. The general payment conditions of therelevant third-party as well as these general terms and conditions ofthe Q-dance company will apply to an e-ticket.

Article    49    Trips, transport and airline tickets
49.1    The Visitor may be offered trips for booking tickets fordomestic and foreign events via the Website, which will be booked andhandled by the third party. When purchasing such a trip, the Visitorenters into a transport agreement with this third party. Although theQ-dance company chooses these providers with care, it is not a party toany agreement between the Visitor and this third party.

49.2    The Visitor indemnifies the Q-dance company against any claimfor costs or damage that may arise from an agreement between himself andthis third party. Any applicable general terms and conditions of thethird party may always be requested on the website of this third party.

Article 50    Offers made by standholders at an Event
The Visitor to an Event of the Q-dance company may be offered productsor services at that Event by third parties/standholders, such as food orbeverages, merchandise items or other products such as sunglasses orclothing, or by providers of fairground attractions. Although theQ-dance company chooses these standholders with care, it is not a partyto any agreement between the Visitor and this third party. The Q-dancecompany which organises the Event will not be liable under anycircumstances for any damage arising from the purchase or procurement ofa product or service by the Visitor, including a fairground ride ofthis third party. The Visitor indemnifies the Q-dance company againstany claim for costs or damage that may arise from an agreement betweenhimself and this third party. Any applicable general terms andconditions of the third party may always be requested from this thirdparty.