Terms & Conditions

Clause 1 - Definitions

In these general terms and conditions and (the) sales contract(s) to which the conditions apply, the following terms have the following meaning:

a) “Website”:
The website Dance-Tunes.com’ to which reference is made in these general terms and conditions is offered and operated by Dance Tunes B.V., who has made agreements in this respect with various artists, record companies and the authors to legally offer Downloads;

b) “Dance-Tunes.com”:
The party and legal person Dance Tunes B.V., which is a user of these general terms and conditions vis-à-vis the visitor to the Website, which legal person is responsible in all respects for the Website;

c) “Download”:
By means of a connection with the Internet through the visitor’s computer retrieving a file from the Website, which file can consist of software, an audio file or a video (and audio) file, the Website usually offers the Downloads for payment, the Downloads are currently transmitted in MP3 format with a minimum of 192 Kbps; the current standard bitrate is 320 kbps;

d) “Streaming”:
Via the Internet, by means of a connection through the visitor’s computer to the Dance-Tunes.com server, listening to and/or viewing files on the Website, without transporting the file to the visitor’s computer;

e) “Visitor(s)”:
Those persons who visit the Website via an Internet connection, and who may or may not purchase Streamings or acquire such free of charge and/or purchase Downloads or acquire such free of charge;

Clause 2 - Legal person

Dance-Tunes.com is a trade name and a registered trademark of Dance Tunes B.V., a private limited company under Dutch law, having its registered office in Amsterdam at Timorplein 43, 1094 CC in Amsterdam. All contracts, the application of these terms and general conditions, all offers, transactions and/or actions of the Website are always effected exclusively at the expense and risk of Dance Tunes B.V. Dance Tunes B.V. is registered with the Chamber of Commerce of Amsterdam under number 35027521.

Clause 3 - Application

These conditions apply to and form an integral part of all contracts relating to the purchase, gifting and delivery of Downloads and Streamings via the Website and to every contact between the Website and the visitor. By accepting an offer on the Website and/or ordering a certain Download and/or Streaming, the visitor to the Website accepts these general terms and conditions. These conditions are set out on the Website and shall also be sent upon request free of charge.

These general terms and conditions correspond with the requirements set by legislation and regulations for distance sales contract and norms of, inter alia, the Home Shopping organisation for sales via the Internet.

Clause 4 - Alteration of conditions

These general terms and conditions can be altered from time to time. An altered version will then be published on the Website. The altered conditions will apply as of the date of publication. If the visitor does not accept the altered conditions, he/she must immediately stop using and stop visiting the Website

Clause 5 - Working of the Website

Dance-Tunes.com is a Download website where primarily music is offered. Dance-Tunes.com has obtained the permission to do so of all relevant artists, record companies and authors with whom it has made agreements and who will receive part of the proceeds of the sales.

The service to be provided on the Website consists of giving the visitor the opportunity to Stream and/or Download audio / video and/or other files for a purchase price by means of a sales contract which is made via the Internet. Streamings can be listened to for free on the Website in the manner set out there. If the visitor wants to Download a certain file, the visitor must indicate in advance in what manner the Download will be paid for.

Payment can be made by means of an instruction to this effect by the visitor to a (mobile) payment service provider, a third party who arranges the payment to Dance-Tunes.com on instruction of the visitor. Dance-Tunes.com can receive payments from the following (mobile) payment service providers: RBS Worldpay, Docdata.

Dance-Tunes.com is in no way liable for errors, malfunctions or defects in or with the payment by such third party or parties to Dance-Tunes.com. The visitor is bound by a standard contract with such (mobile) payment service provider to the general terms and conditions which such a (mobile) payment service provider applies, which the visitor can obtain from the payment service provider; Dance-Tunes.com is not responsible for the contents thereof.

After the visitor has given his/her payment instruction and the payment has been made to Dance-Tunes.com via the (mobile) payment service provider, Dance-Tunes.com will make the Download paid for by the visitor available to be retrieved by the visitor’s computer. Toward this end the visitor should carry out the actions as indicated in the pop-up screens intended therefore on his computer.

The Download will only be made available one (1) time. Dance-Tunes.com is not liable for erroneous instructions given by the visitor. The Website does not sell physical products on order and explicitly does not send physical products to the visitor.

The visitor can play the Download purchased on a computer or burn it onto an audio carrier. Dance–Tunes.com does not guarantee that the Download purchased by the visitor, after having been burned onto a certain carrier in a certain format, can be played on every device that can play music. Nor does Dance–Tunes.com guarantee that every burner can process the data of the Download purchased. The foregoing is strongly dependent on the hardware, software and peripheral equipment which the visitor uses and for which functionality Dance–Tunes.com is in no way responsible or liable.

The visitor must have certain software installed on his/her computer to execute the Download actions. The Website includes instructions for use which explain how the Website works, what requirements the visitor’s computer must meet and how the visitor can stream or download.

Dance-Tunes.com will see to it that questions, comments and reasonable requests relating to any problems will receive a response within a reasonable term and that these are handled in an adequate manner. The visitor can only contact Dance-Tunes.com in this respect via the e-mail address: helpdesk@dance-tunes.com.

Clause 6 Registration and privacy

In order to be able do download files the visitor must register, whereby username, password, name, address, city and domicile, date of birth, telephone number, e-mail address and the mobile telephone number will be registered and stored by Dance-Tunes.com.

By accepting these conditions the visitor gives permission for the saving, storing and on certain conditions using of these personal details. The storage on the (server of the) Website and the use of these personal details by the Website are subject to the privacy regulations that are published on the Website. The visitor accepts the conditions set out in said regulations.

The visitor will be asked on the Website whether he/she wishes to be sent certain information or be kept abreast of certain promotional campaigns or offers. The visitor will also be asked on the Website whether he or she agrees to the use of his/her details by other businesses within the ID&T concern. In both cases, if the visitor has answered these questions in the affirmative, this will be seen as permission for sending information and the use of personal details.

The details may only be used by Dance-Tunes.com, being Dance Tunes B.V. and its subsidiar(y)(ies), and only after having received permission as referred to above, by other businesses affiliated with Dance Tunes B.V. in conformity with the regulations. Dance-Tunes.com will not pass on the information or allow third parties to use it. The visitor waives any claim vis-à-vis the Website insofar as his/her information is used in accordance with said regulations.

Clause 7 - Non-disclosure to third parties

The visitor will not disclose his/her username and password to a third party or parties and is at all times personally responsible and liable for the loss of this information. Should this information become known to a third party, the visitor will immediately report this via helpdesk@dance-tunes.com so that the Website blocks further access. The Website is never liable for loss of this information or for any damage and costs which can ensue for the visitor from such loss. Dance-Tunes.com will see to it that details of the visitor are not disclosed or used for other purposes than those for which such is strictly necessary in the framework of compliance with the general conditions or any sales contract, or in a manner for which provision is made in the privacy regulations.

Clause 8 - Offer and price

On the Website, for each Download it will be clearly indicated what price the visitor has to pay before the file can be downloaded. On the Website the visitor will also be presented with an offer to purchase several Downloads at a “bundle” price, which bundles can be obtained in various Download quantities that the visitor may want to purchase.

All prices will remain in effect until other and new prices are set out on the Website. With regard to a Download that has already been purchased but has not yet been delivered for whatever reason, no interim price change is possible. All prices indicated always apply subject to the reservation that the VAT remains unaltered. If the VAT rate is adjusted, the new VAT rate will automatically apply as of the starting date of the statutory adjustment thereof.

Costs other than the purchase price for one or more Download(s) or one or more bundle(s) thereof will not be charged to the visitor. The costs of the internet connection used by the visitor are at the visitor’s expense.

For each Download there will be a precise description as to which (music) file(s) are involved, who the artist(s) is/are, what the title of the composition of the Download(s) is/are, the time duration of these title(s) and in what format this file can be obtained. The Website offers the Download in an MP3 format of at least 192Kbps.

The term of the retrieval by the visitor’s computer that Dance-Tunes.com has made available after purchase depends greatly on the type and quality of the visitor’s internet connection, for which Dance-Tunes.com is in no way responsible or liable.

Clause 9 - Viewing period

The visitor can first listen to every Download free of charge and as often and as long as desired without purchase, however only in the form of Streaming (whereby the file will not be sent to the visitor but can be listened to from the Website server). By offering this option the visitor has the possibility to review the Download to be as suitability and preference.

Because of the nature of the product which Dance-Tunes.com offers to the visitor – the distance purchase of an electronic (music) file – the visitor cannot return Downloads once purchased to Dance-Tunes.com and the purchase price of a Download will never be repaid, unless the delivery of the Download were, for other reasons, not to meet the visitor’s expectations as referred to in Clause 12 of these terms and general conditions. By offering Streamings of all Downloads offered, the statutory viewing period relating to the product to be purchased by the visitor has been met.

Clause 10 - Making of the sales contract

A contract for the purchase and sale of a Download between the visitor and Dance-Tunes.com will only be made after the visitor has accepted the offer of Dance-Tunes.com on the Website in the appropriate manner, has approved the purchase procedures on the Website in the correct manner and his/her payment has been made by means of the payment service provider. Dance-Tunes.com will send the visitor who has purchased a Download confirmation thereof by e-mail as soon as possible that the sales contract has been made.

Dance-Tunes.com is entitled to refuse certain purchases of the visitor if it has justified doubts as to whether the visitor can perform his/her financial obligations, as well as if there is doubt as to other factors which are of importance when making and performing the purchase contract with the visitor. Any further contract with a visitor who has breached the user rules as referred to in Clause s 13 and 16 of these general conditions will be refused.

Dance-Tunes.com will see to technical and organisational measures to secure the electronic transfer of personal information and information relating to payment transactions.

Clause 11 - Delivery

The delivery of a purchased Download will in principle be effected immediately after the purchase contract has been made. The visitor will be immediately informed by means of a pop-up screen that the Download has been made available by Dance-Tunes.com to be retrieved by the visitor’s computer, by means of an internet connection. The visitor must follow and agree with the user rules laid down at that time. When the visitor indicates that his/her computer is ready to retrieve and receive the Download, Dance-Tunes.com will make the Download available one time. Dance-Tunes.com is in no way bound to effect or supplement the delivery in any other manner than that indicated here. Any (power) malfunction, defect or other impossibility to receive the Download other than due to a demonstrable defect on the part of Dance-Tunes.com is and remains fully at the visitor’s expense. If the visitor, for example, cancels the Download transport during the time it is made available by Dance-Tunes.com, it will not be made available again.

A visitor who for whatever reason has not yet received the Download or cannot use it or play it for whatever reason can contact helpdesk@dance-tunes.com for assistance, questions and/or comments. Only if Dance-Tunes.com can reasonably assume that the delivery of the Download has failed for a reason other than those which are at the visitor’s expense, Dance-Tunes.com will again make the Download available to the visitor.

Dance-Tunes.com will reasonably endeavour to effect the delivery in conformity with what the visitor may expect. If necessary Dance-Tunes.com will inform the visitor in the event of problems or questions with regard to the delivery of Downloads by means of availability via its e-mail address or by telephone. Dance-Tunes.com is not liable for any damage to the visitor’s computer, consequential or delay damage, damage caused by flood disruptions or a poor connection via the internet.

If the visitor defaults on any payment, Dance-Tunes.com is entitled to suspend or dissolve the relevant contract and delivery without being bound to pay any compensation, or demand performance.

If the delivery of a certain product is temporarily not possible, e.g. due to a technical malfunction or otherwise and the visitor has already paid for a certain product, then Dance-Tunes.com will effect the transfer as soon as possible, or in the event the delivery has not yet been effected after seven days, upon the visitor’s request - which will only be accepted via the help desk (helpdesk@dance-tunes.com) - to return the purchase price to the visitor.

It can occur that technical problems arise on the Website and at that time it is possible that the visitor cannot (temporarily) download (certain) files at that time. Dance-Tunes.com is never liable for any damage or delay ensuing therefrom for the visitor.

Clause 12 Conformity

The visitor must inspect the purchased product after delivery to determine whether the product corresponds with what the visitor has ordered and purchased. If this is not the case, the visitor must state this within seven days after purchase at the Dance-Tunes.com e-mail address. Only if Dance-Tunes.com has been shown in writing that the product outside of his/her fault or due to a reason which is at its expense and risk, does not correspond with what the visitor has purchased, does Dance-Tunes.com has the choice of repaying the purchase price or delivering another product of the same type. Insofar as the purchased product cannot be played or used in some other way, due to failure to meet the technical requirements which are set for the visitor’s computer or the connection, Dance-Tunes.com is never obliged to repay or replace the purchase.

Clause 13 - User rules

The visitors of the Website are always obliged to comply with the regulations and/or changes thereto and any instructions and user rules of Dance-Tunes.com as these are published on the Website. Insofar as the visitor of the Website has not complied with the user rules and/or has not complied with them in full and/or in time Dance-Tunes.com can, depending on the specific circumstances, suspend its obligations or dissolve the contract without owing any compensation or can demand performance.

Clause 14 - Information on the Website

Although Dance-Tunes.com pays great care and attention to the information provision on the Website, it cannot give a guarantee with regard to the nature and contents of the information and Dance-Tunes.com is in no way liable for the contents and the consequences of use thereof. Insofar as there are links on the Website to offers, products, material or a website of a third party, Dance-Tunes.com is neither responsible nor liable for the working of that link, nor the access to and the contents of the information of such a website.

Clause 15 - Force majeure

Without prejudice to any other rights it has, in the event of force majeure Dance-Tunes.com has the right to suspend the performance of any contract or dissolve such contract extrajudicially, without being bound to pay any compensation. Force majeure means any shortcoming which cannot be attributed to Dance-Tunes.com, as such is not attributable to it by virtue of the law, a legally binding transaction or common custom.

Clause 16 - Intellectual property rights

All information which is published on the Website or what belongs thereto, including audio, video and/or other files, artists and label names, Streamings, Downloads, software, designs, drawings, logos and trademarks are the intellectual property of Dance-Tunes.com or any licensor of Dance-Tunes.com on the basis of the law or a contract. The visitor must at all times acknowledge and comply with these intellectual property rights and adhere to all restrictions which the law sets for the use of protected works. The downloading, streaming and other use of products and files is regulated in user rules, which are included in these conditions. The visitor is at all times bound to comply with these user rules. These user rules are based on, inter alia, the prevailing text of the Copyright Act 1912 and only form a brief summary to indicate orders and prohibitions for the visitor on the basis of the law. The regulations of the Copyright Act and other intellectual property right laws always apply in full in respect of every use and prevail over these user rules:

a) the visitor is only permitted to normal private use of a product after the visitor has paid therefore in the normal manner indicated on the Website. Every action of the visitor whereby the payment method is circumvented, changed or is otherwise avoided is prohibited. The visitor is prohibited from reproducing, changing, or uploading a Download or some other material from the Website, or to play such in public, exhibit such, make such available to third parties, execute such, (re)sell such, abuse such, etc., as all said actions are reserved for the party entitled thereto. The visitor is prohibited from adapting, circumventing, decoding or encoding or interfering with software, files or payment procedures.

b) the normal use by the visitor of any product file that the visitor rightfully purchased is permitted in accordance with the procedures as set out on the Website. It is permitted to make a private copy, burn a cd, make a copy on another computer of (music) files that have been downloaded and purchased in accordance with the rules, but only for private and not commercial use. Under no circumstances may copies be made available to third parties.

c) the protected parts of the Website explicitly also include the security method applied in software.

d) the delivery of any file purchased by the visitor does not encompass any transfer or licence of a right to the visitor for promotion or operation with regard to such file.

In the event of a noted breach by a visitor of the statutory rules Dance-Tunes.com reserves the right to inform the entitled party thereof, who will be able to bring legal action against the visitor.

Clause 17 - Conversion

Insofar as any provision of these conditions was contrary to any statutory regulation, this will not affect the other provisions of the conditions. The relevant provision will be cancelled, which will be replaced by a provision the contents and nature of which will approximate the provision to be replaced as much as possible and which is legally permitted.

These general conditions are governed by Dutch law.