The general terms and conditions
Your relationship as a user with us, Gerrard Street (with Chamber of Commerce number: 66099471), is subject to these Terms and Conditions, together with the references they contain, and are referred to hereinafter as the Terms and Conditions. Please read this document carefully before ordering the headphones from the website to ensure that you understand the terms and conditions applicable at the time of your purchase.
If you have any questions, do not hesitate to contact us at email@example.com or by post: Gerrard Street, Blaak 6, 3011 TA Rotterdam. We can be reached by telephone at 0636444658. We have the right to amend these General Terms and Conditions. You agree that the latest version of these Terms and Conditions will always apply to our agreement.
These Terms and Conditions are applicable from 1 March 2019.
Gerrard Street BV, established at Blaak 6 in Rotterdam, Chamber of Commerce.
You ("your", "you", "your")
The Gerrard Street headphones, including their replaceable parts, and upgrades offered.
The Gerrard Street website : www.repeat.audio.
Agreement between the client and Gerrard Street.
1.1 These Terms apply in full to all contracts, and other obligations between you and us, and exclude all other terms. Regardless of whether provided by you or third parties, unless Gerrard Street has previously agreed to them in writing.
1.2 These Terms and Conditions apply to the moment you make use of our subscription.
2.1 The headphones are rented for a minimum period (depending on whether you have a subscription or have purchased one) and the subscription has an unlimited duration. The notice period is one month. Notice of termination must be given via 'My Account' on the Gerrard Street website before the start of the following period.
2.2 The following items are included in the subscription:
Hire of headphones;
Repair service due to wear and tear and use, for example;
- Ear and head cushion(s)
- Sounding boards
Shipments of repairs (return envelopes and postage paid by Gerrard Street).
2.3 Gerrard Street reserves the right to terminate the subscription with immediate effect.
2.4 The headphones remain the property of Gerrard Street.
2.5 Reselling or hiring out the headphones is prohibited.
3.1 The headphones we currently offer are delivered in the Netherlands, Belgium, France and Germany.
3.2 We will deliver the headphones to the address you provided when placing the order. You cannot change the address once we have dispatched the package.
3.3 The headphones are delivered in separate modules; namely two sound boxes, two buttons, two ear cushions, one headband, one cable and one jack connector, including instructions for assembling the modules.
3.4 In the case of force majeure, Gerrard Street may not be held liable for any failure or delay in the delivery of our services. For the purposes of these Terms and Conditions, "force majeure" shall mean any cause beyond the reasonable control of Gerrard Street which prevents normal fulfilment of an obligation.
4.1 You may return the headphones at any time within 30 days of receipt. You can do this by sending the headphones in the received packaging 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 price within 14 days.
4.3 You are responsible for the costs of the return shipment.
4.4 During the time you have to consider whether you want to keep the headphones, you must handle the product and its packaging with care.
4.5 Upon (interim) termination of the subscription, you must return the headphones in the box you received upon delivery, or in a separate box. This should be sent to Gerrard Street, Blaak 6 (3rd floor), 3011TA in Rotterdam.
4.6 In the event of (interim) termination of the subscription, the headphones must be returned to Gerrard Street within 30 days. If any parts are missing they will be charged to you.
5.1 Gerrard Street aims to deliver the replacement part within 92 hours, after the repair has been reported via Gerrard Street's website.
5.2 The website contains instructions on how to test which module is defective.
5.3 If this target time is not met, you have no claim to any compensation or damages.
5.4 Upon delivery of the replacement module, a return envelope for the obsolete module will be provided. The return envelope including the obsolete module must be returned to Gerrard Street within 30 days. Gerrard Street shall pay the shipping costs for repairs.
5.5 Gerrard Street reserves the right not to repair headphones, but to offer replacement headphones.
6.1 In the event of theft, you must always report it to the Police, and contact Gerrard Street. If no report is made, or the earphones are lost, an amount will be charged. This amount is in addition to the Excess, is shown in Table 1, and depends on the type of subscription.
- BIRD/BIRD*R €120
- DAY €120
- BOSS €180
- PRINCE €240
6.2 An Own Risk applies if a theft report is made. The amount of the Deductible per type of subscription can be found in Table 2.
- BIRD/BIRD*R €40
- DAY €40
- BOSS €60
- PRINCE €80
6.3 For each year that no claim is made for the theft/loss regulation, the Excess is reduced by €10,- until a Excess of €0,- is reached.
6.4 In the event of theft or loss of the headphones, your deductible will be increased by EUR 30.
7.1 The subscriber is obliged to pay the subscription costs in accordance with the provisions of Article 8.
7.2 The Subscriber is obliged to check the headphones for completeness upon receipt and to report any incompleteness within 7 days.
7.3 You will not make any changes to the headphones unless this is necessary for a repair and on the instructions of Gerrard Street.
7.4 If you give the Headset in use to a third party, that third party is also bound by these Terms and Conditions. The Subscription Holder remains ultimately responsible for the obligations under this Agreement.
8.1 All amounts mentioned are inclusive of VAT.
8.2 The price per month for a subscription is indicated in our webshop. You can pay in our webshop using iDeal. Gerrard Street reserves the right to change the prices at any time. The prices indicated at any time are the definitive prices. No rights can be derived from previously displayed prices.
8.3 When entering into a subscription, you authorise Gerrard Street to automatically debit the subscription costs, and any other costs incurred, each month from the account number you have specified with the debit ID NL78ZZ660994710000.
8.4 If payment is not made by direct debit, all Gerrard Street invoices must be paid within 14 days of the invoice date to an account number specified by Gerrard Street. If payment is not made after 14 days, Gerrard Street shall send a reminder which must be paid within 14 days. If the amount owed is not paid within the period of 14 days, Gerrard Street may engage the services of a debt-collection agency. All additional administration costs and extrajudicial collection costs shall be borne by the subscriber.
8.5 Gerrard Street is not liable for payment arrears due to cancellations or refusal of the subscription holder's bank. In your account you can see which payments are outstanding, these should be transferred to Gerrard Street in the correct way, stating your subscription-id.
9.1 The subscription is entered into for an initial period as stated in the subscription contract. Upon expiry of the period, the contract shall continue for an indefinite period. Gerrard Street is entitled to terminate the subscription immediately if you:
- does not comply with one or more provisions of the subscription, or does not do so on time or properly;
- applies for a moratorium or is declared bankrupt;
- you 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 headphones using the return form. Please note that Gerrard Street does not refund any outstanding credit. So if you return your headphones after 3 months with an annual subscription, that might be a waste.
If the headphones are not returned to Gerrard Street within the period of 30 days after the termination of the contract or after a subscription switch, Gerrard Street reserves the right to charge a fine. This penalty is dependent on your type of subscription see table 3. Gerrard Street may also press charges against you for theft of the headphones.
- BIRD/BIRD*R. €120
- DAY €120
- BOSS €180
- PRINCE €240
The headphones must be returned complete. If this is not the case, Gerrard Street is entitled to charge the client for the missing part. Table 4 shows the prices for the parts that will be charged if they are not returned.
- mini-jack audio cable €12.50
- USB-C cable €12.50
11.1 You are responsible for the temporary reporting of any defects and damages.
11.2 We are not liable for damage caused by the use of a product. This does not apply if such damage was caused by our intent, gross negligence or deliberate recklessness. Your right to compensation will in any case be limited to the amount of the product ordered and paid for.
12.1 You are obliged to provide correct, up-to-date and complete information (registration data), which is necessary for ordering our headphones. This information must be up to date at all times; therefore you are obliged to update this information in case of changes. We shall not be liable for any damage arising from the fact that your registration details are not up to date.
12.2 We will use the registration data to deliver the Headphones you ordered and to send you, before or after the sale, updates and information relating to the Headphones. We protect your personal data properly; see also our Privacy Statement on our website. We will not sell that information to any third party, and its processing is subject to existing privacy laws and regulations in the Netherlands.
12.3 If you are not an adult, or if you are acting on behalf of someone else, you need the consent of that person or a legal representative.
12.4 We reserve the right to rescind the contract on reasonable grounds if any information provided by you is false, inaccurate, not up to date or incomplete. If the contract is rescinded on these grounds, you will not be entitled to compensation and you will be liable for any damages suffered by Gerrard Street, such as additional shipping costs.
Gerrard Street reserves the right to amend these Terms and Conditions. Gerrard Street shall announce changes at least two weeks before they come into effect.
14.1 If you have a complaint about the execution of the agreement, we would like to hear it. Please send your complaint as soon as possible (and describe it as fully as possible) to firstname.lastname@example.org. We will deal with your complaint as quickly as possible, at the latest within four days after receipt of the complaint.
14.2 Both you and Gerrard Street are entitled to terminate the subscription with immediate effect if the other party repeatedly and/or seriously fails to fulfil its obligations as described in the Terms and Conditions.
15.1 Dutch law.
15.2 In the event of a dispute, the court in Central Netherlands shall be competent.
Article 1 - Order
For your order, we need your name, e-mail address, address(es), payment details and sometimes your telephone number. We will register, store and process your data for the correct handling of your order. In addition, this data can be used for a possible later guarantee. We do not use any service providers for the processing of your order.
Article 2 - Newsletter
Gerrard Street offers newsletters. This keeps you informed about offers, (discount) campaigns and other news. To ensure your consent, we use the opt-in system for newsletters. An unsubscribe option is included in all communication through this channel.
Article 3 - Market research
We may ask you to participate in a market survey. Gerrard Street will then use your data for the market research. We will use these statistics anonymously for Gerrard Street. You can close the questionnaire at any time. Your answers will not be given to third parties and will never become public. In addition, the answers will not be linked to your e-mail address.
Article 4 - Examination and amendment of your data
Article 5 - Amendments to this Privacy Statement
Gerrard Street may update this privacy statement. We will notify users who have registered their e-mail address with us in the event of changes. If you are not registered as a user, we recommend that you consult this statement regularly. If you have any questions or comments about our privacy statement, please contact us via one of the following channels.
Postal address: Gerrard Street BV, Blaak 6, 3011 TA Rotterdam. Telephone: 0636444658 E-mail: email@example.com
17.1 Life Time means that parts can be replaced free of charge when they are broken or worn out.
17.2 As a current customer, you can switch to buy. You will then receive a discount on the headphones you wish to purchase. The discount is calculated on the basis of the number of years you have been a customer. (Example: 1 year customer = 15% discount on the purchase price) You must contact us via firstname.lastname@example.org.
17.3 The Life Time service is only available for your own use; if you sell the headset to someone else, the service no longer applies.
17.4 Broken parts must be returned to Gerrard Street, reselling of loose parts is therefore not permitted.
17.5 If we suspect abuse, we may terminate the service. It will then no longer be possible to order new parts via the website if something breaks.