SONOS FLEX 2.0
The Sonos Flex Subscription Program will officially end on March 31, 2025. New subscriptions will not be accepted and subscriptions will not renew beyond this date. If you have any questions, our Support Team (sales-eu@sonos.com) is here to help.
GENERAL TERMS AND CONDITIONS (NETHERLANDS)
1 DEFINITIONS
1.1 The following terms used in these General Terms and Conditions will have the following meanings:
1.1.1 ‘Applicant Subscriber’ (Abonnnee in Dutch): any adult natural person, age 18 or older, or legal person resident in The Netherlands, wishing to be a Subscriber and/or with whom Sonos is in discussions or negotiations for the signing of a Contract;
1.1.2 ‘Sonos Products’ or ‘Products’: the speakers, soundbars, subwoofers and other Sonos audio Products supplied to the Subscriber by Sonos under the Subscription; The Products may also be refurbished Products;
1.1.3 ‘Contract’: a Contract between Sonos and the Subscriber for a Subscription for the rental of the Products and the use of Sonos Radio HD services;
1.1.4 ‘Subscriber’: any adult, natural person, age 18 or older with whom Sonos has entered into a Contract and who is accepted by Sonos;
1.1.5 “Minimum Duration”: first 3 (three) months of Subscription; The total of the first 3 (three) Monthly Fees for the Minimum Duration have to be paid upfront and are not refundable unless the Subscriber terminates the Contract within 14 days pursuant to section 10;
1.1.6 ‘Monthly Fee’: the payment owed by the Subscriber to Sonos each calendar month for the rent of the Sonos Products, as specified in the Contract;
1.1.7 Physical Address: the Physical Address as registered at the municipality for use of the Products as registered by the Subscriber during the registration process; For portable Products( which are supplied by a battery) the Physical Address is the address at which the Products are usually used.
1.1.8 ‘Subscription’: the Subscription purchased by the Subscriber under the Contract between Sonos and the Subscriber for the use of the Sonos Products; The Subscription is the service that combines the Rental of the Sonos Products, use of the Radio HD music service and access to premium customer support service (such as repairs and priority support).
1.1.9 ‘Total Loss’: as defined in Article 5.4;
1.1.10 ‘Sonos’: Sonos Europe B.V., with registered office at Groest 106, 1211 EE Hilversum, registered in the Netherlands Chamber of Commerce under number 32107881;
1.1.11 ‘Web Portal’: the digital web portal (www.sonos.com/flex) for the Subscription, accessible via www.Sonos.com, by which the Subscriber can also access their personal account and customer support options;
1.1.12 Sonos Radio HD: Sonos Radio HD is included in the Subscription, will be disabled with the termination of the Subscription and is governed by the Sonos Radio Terms and Conditions of Use available at https://www.sonos.com/legal/sonos-radio-terms;
1.1.13 Add-On Products: On top of the preconfigured Product bundles of the chosen plan,it is possible to customize the Plan by adding extra Subscription Products.
1.2 Insofar as required by context, terms used in the plural in these General Terms and Conditions (the ‘General Conditions’) include the singular, and vice versa.
2 REGISTRATION PROCESS
2.1 An Applicant Subscriber may apply for a Subscription via the Web Portal. A Contract comes into effect once the Applicant Subscriber has submitted an application via the Web Portal (and accepted these General Conditions) and once Sonos has accepted the Applicant Subscriber as a Subscriber. These General Conditions apply to all Subscriptions and form part of every Contract between a Subscriber and Sonos.
2.2 Sonos reserves the right to refuse an Applicant Subscriber if:
2.2.1 The Applicant Subscriber has had a previous Subscription terminated by Sonos;
2.2.2 The result of the credit check of the Applicant Subscriber is negative;
2.2.3 Sonos has some other reason, based on generally accepted industry standard best practices, for believing that the Applicant Subscriber will not comply with the terms of the Subscription, the Contract, and/or these General Conditions;
2.3 Before Sonos will supply the Sonos Products to the Subscriber, the Subscriber must:
2.3.1 have paid the first 3 (three) Monthly Fees for the Minimum Duration as part of the registration process to Sonos;
2.3.2 have supplied Sonos with a payment authorization via the Web Portal for payment of the Monthly Fee and any other sums payable under the Contract and/or these General Conditions, which method of payment must have been verified and accepted by Sonos in writing; and
2.3.3 Sonos reserves the right to verify the identity of the Subscriber during the online verification process. Subscriber will be asked to confirm the identity through an iDIN check. The Subscriber can find more information about iDIN here
2.3.4 have supplied to Sonos in the registration process the Physical Address at which the Products shall be used by the Subscriber. Subscriber is required to inform Sonos of address changes within 4 weeks of the actual address change.
3 SONOS PRODUCTS, SUBSCRIPTION PLANS UPDATES AND ADD-ON PRODUCTS
3.1 For the duration of the Subscription Sonos will supply to the Subscriber the Sonos Products of the agreed type and model according to the Product configuration of the Subscription plan (Plan) chosen by the Subscriber. Unless Sonos decides to replace the Sonos Products, with comparable Sonos Products the Subscriber will have the rental use of the same Sonos Products for the duration of the Subscription.
The Sonos Products will always remain the property of Sonos. The Products are rented to the Subscriber.
3.2 For the duration of the Subscription Sonos will carry out repairs on the Sonos Products insofar as such repair is required as a result of normal wear and tear through normal use. Sonos reserves the right to replace the Sonos Product if repair is required.
In the unlikely event that the speaker(s) no longer works as desired or has damage, we ask the Subscriber to report this as soon as possible. Subscriber can contact us via the Web Portal (where Subscriber can choose phone or chat options) and we will help the Subscriber to solve this problem as soon as possible. Once our Customer Support agent has confirmed the Subscriber is eligible for a swap, we will send the Subscriber a return label by email with which the Subscriber can return the speaker(s) free of charge. Once we have received the faulty Product in our warehouse, we will send the Subscriber a new speaker(s) within 48 hours.
3.3 Sonos is entitled to take back the Sonos Products at any time in consultation with the Subscriber and replace it with a comparable Sonos Products.
3.4 Plan and Change of Plan
3.4.1 Subscriber chooses between the pre configured plans provided on the website (www.sonos.com) and will rent and use the Sonos Products of the chosen plan together with the Sonos Radio HD Subscription. After acceptance of the application by the Subscriber according to the registration described under section 2 above the Subscriber will receive the Sonos Products in accordance with the chosen plan. Maximum one (1) Subscription plan per Subscriber is possible.
3.4.2 Subscriber can choose to change the plan but not before an initial 4 months of duration of the Subscription. Subscriber must return speakers which are not part of the newly chosen plan. Upon acceptance of the change request by the Subscriber the new speakers according to the configuration of the new plan will be shipped to the Subscriber.
3.5 Add-on Products
Subscriber has the option to add certain Sonos Products to the chosen Plan. This is possible at the time of registration pursuant to section 2 and anytime after the initial four (4) months of Subscription. The following Add-On Products are available: Sonos Roam (all colors), Sonos One, Sonos Sub Mini, Sonos Era 100 and Sonos Era 300. A maximum of four (4) Add-on Products per Subscriber is possible during the entire Subscription.
One (1) change of Plan or addition or cancellation of Add-on Products is possible within a period of 12 months after the signup or last upgrade was accepted by Sonos.
3.6 Product delivery and returns of Products
Shipment of Sonos Products after registration and also after changing the Plan or adding or canceling Add-On Products is free of charge.
Once the Subscriber has confirmed a change to the plan or add-on, we will inform the Subscriber if, and which, Products will need to be returned. We will send the Subscriber a return label by email with which the Subscriber can return the speaker(s) free of charge. Once we have received the Products in our warehouse, we will send the Subscriber the speaker(s) that belong to the upgrade within 48 hours.
4 SONOS RADIO HD AND ON DEMAND MUSIC SERVICES
Subscriber has access to ad-free music and original shows in lossless audio quality without any additional fee by choosing any of the plans available of Sonos Radio HD.
As part of the sign-up process pursuant to section 2 Subscriber Subscriber will sign-in or sign-up with a Sonos account. After acceptance Subscriber is automatically provisioned on Radio HD. The use of Sonos Radio HD is governed by the Sonos Radio Terms and Conditions of Use.
Subscriber can add streaming services or radio stations to the Sonos App and set them up from an array of services available. (governed by the applicable terms of use).
Sonos Radio HD forms an integral part of the Subscription and can’t be canceled by Subscriber. Sonos reserves a right to unilaterally discontinue the Sonos Radio HD subject to the Sonos Radio Terms and Conditions of Use.
5 GENERAL OBLIGATIONS AND PROHIBITIONS
5.1 The Subscriber must:
5.1.1 act with the required duty of care and treat the Sonos Products with care, in accordance with the instructions given by Sonos and with applicable laws and regulations;
5.1.2 immediately notify Sonos via phone (0800 27 027 00) or email (sales-eu@sonos.com) of any theft, embezzlement, or loss of - or damage to - the Sonos Products;
5.1.3 always keep the Sonos Products in a safe environment to protect the Sonos Products against loss or damage;
5.1.4 ensure that the Sonos Products is always safe;
5.1.5 report any defects in the Sonos Products and errors indicated immediately by e-mail or via the Web Portal to Sonos.
5.2 The Subscriber is not permitted to:
5.2.1 make alterations to the Sonos Products;
5.2.2 use the Sonos Products for commercial purposes (such as leasing/subleasing);
5.2.3 make the Sonos Products available to any other person members or, if the Subscriber is a legal entity or business owner, to any other entity or business;
5.2.4 manipulate, decompile, reverse engineer, or disassemble in any way the electronics and/or software of the Sonos Products, or the Web Portal, or use these in any way for data gathering;
5.2.5 arrange for repairs or alterations to be carried out to the Sonos Products;
5.2.6 take plugged speakers outside their residence (Place of use of the Sonos Products), unless Sonos has given prior written permission;
5.2.7 grant a security interest in the Sonos Products.
6 THEFT, EMBEZZLEMENT, ACTUAL LOSS, TOTAL LOSS
6.1 The Subscriber must safeguard the Sonos Products to the extent possible against theft, embezzlement, and actual loss.
6.2 In the event of theft, embezzlement, or actual loss the Subscriber must immediately notify Sonos accordingly by e-mail or phone, and in any event within 24 hours of discovery, and report the matter to the police.
6.3 On receipt by Sonos of a report of theft, embezzlement, or actual loss of a Sonos Products, together with a copy of the police report, Sonos will replace the Sonos Products by one of equal value to the extent possible, unless any of the events described in section 5 of this article has occurred.
6.4 If the Sonos Products is a total write-off or so badly damaged that the repair costs would exceed the amount of the Price of the respective Product as indicated on the web shop on www.sonos.com, this is referred to as ‘Total Loss’. In the event of damage or Total Loss, the Subscriber must notify Sonos immediately by e-mail or phone, and in any event within 24 hours of discovery, and Sonos will replace the Sonos Products by one of equal value to the extent possible, unless any of the events described in section 5 of this article has occurred.
6.5 Sonos will not replace the Sonos Products, and the Subscriber is liable to make a payment to Sonos equal to the MSRP of the respective Product as indicated on the web shop on www.sonos.com upon the occurrence of one or more of the following events:
6.5.1 the Subscriber’s second occurrence of a theft, embezzlement, actual loss and/or Total Loss;
6.5.2 the theft, embezzlement, actual loss and/or Total Loss is the result of the own fault, deliberate act, recklessness (whether or not intentional), and/or deliberate intent of the Subscriber. This would be the case if, for example, the Subscriber has not sufficiently protected the Sonos Products against theft, embezzlement, or actual loss (for example, through careless handling), if the affected plugged Products were used at a place other than the Physical Address or if the damage or Total Loss is the result of improper use of the Sonos Products (for example, by using the Sonos Products in breach of these General Conditions).
7 DURATION AND TERMINATION
7.1 After expiry of the Minimum Duration the Subscription is for an indefinite term and may be terminated by the Subscriber with 30 days written notice sent by letter, the web portal or email. The termination only becomes effective after Sonos has received the respective Products in the same condition as they were supplied to the Subscriber. If the Products are returned to Sonos’ warehouse within 10 (ten) days following termination by the Subscriber, Sonos will refund any additional payments charges by Sonos after receipt of the termination notice of the Subscriber.
After receipt of the termination request, we will send return instructions as well as a shipping label to return the Sonos Product(s) back to us. Only once Sonos confirms the receipt of the Products in a non-damaged condition, the Subscription will be fully terminated and the monthly billing charges will stop.
7.2 Sonos may terminate the Subscription without cause subject to 30 days written notice after expiry of the Minimum Duration.
7.3 Sonos may terminate the Subscription at any time with immediate effect and without prior notice to the Subscriber if:
7.3.1 the Subscriber is a consumer and has failed to pay due installments of the Monthly Fee and/or other sums owed under the Contract or these General Conditions;
7.3.2 at the start of, or at any time during, the Subscription the Subscriber has supplied incorrect information which is relevant for the performance of Sonos or the Subscriber under the Contract or these General Terms;
7.3.3 fraud has been committed or Sonos has a reasonable belief that fraud has been committed;
7.3.4 the Subscriber shares their log-in information for the Web Portal with, or otherwise transfers the same to, a third party in breach of the provisions of these General Conditions
7.3.5 the Subscriber refuses to return the Sonos Products for repair, or otherwise does not cooperate with any maintenance or repair;
7.3.6 upon the occurrence of any of the events mentioned in Article 5.5;
7.3.7 the Subscriber is in breach of any of the provisions of the Contract or of these General Conditions and fails to remedy such breach(es) without delay;
7.3.8 the Subscriber uses the Sonos Products for improper purposes.
7.4 In the event of termination of the Subscription by Sonos upon the occurrence of one or more of the events listed in section 3 of this article, the Subscriber’s access to the Sonos Products and the Web Portal will be immediately blocked and the Subscriber must immediately return the Sonos Products pursuant to the return instructions as provided to the Subscriber. Upon a termination of the Subscription pursuant to section 4 of this article Sonos has the right to:
7.4.1 the immediate return of the Sonos Products. If the Subscriber does not immediately return the Sonos Products, Sonos is entitled to recover possession itself and to charge the Subscriber accordingly;
7.4.2 receive payment of the Monthly Fee up to and including the month in which the Sonos Products is returned, together with all other sums due under the Contract and/or these General Conditions; and
7.4.3 compensation for all loss actually incurred by Sonos.
7.5 Following termination of the Contract, the Subscriber must return the Sonos Products to Sonos in the same condition as it was supplied to the Subscriber.
8 PAYMENT, ARREARS OF PAYMENT
8.1 The Monthly Fee and any other payments due under the Contract and/or these General Conditions, will be transferred monthly in advance by means of the payment method selected at the time of registration.
8.2 The Subscriber irrevocably authorizes Sonos or - in the case of an assignment of the right - the party to which the right has been assigned, to obtain payment of all sums owed by the Subscriber under the Contract and/or these General Conditions by means of direct debit from the account indicated by the Subscriber or the debiting of their credit card, or other selected payment method included in the Web Portal.
8.3 Payment must be made without any deduction or setoff within the agreed period, but no later than 14 days after the invoice date. After the aforementioned period, the Subscriber is legally in default.
8.3.1 Payment can only be made in the manner specified by Sonos.
8.3.2 From the date that the Subscriber is in default (due date of the invoice), without further notice, Sonos is entitled to claim from the Subscriber:
a) the statutory interest for the period between the due date and the date of the complete payment and
b) (if the client is a consumer) the extrajudicial costs in accordance with the Decree Reimbursement for Extrajudicial Collection Costs, as referred to in Article 6:96 paragraph 4 of the Dutch Civil Code. These costs are increased by the applicable VAT; (depending on whether the client can settle the sales tax) or
c) Should Subscriber fail to send back the Sonos Products within thirty (30) days after termination, Subscriber can be charged the full present value of the Products.
8.4 Sonos reserves the right to assign its rights under the Contract and/or these General Conditions.
8.5 Sonos can change the Monthly Fee at its own discretion. If the price(as published on www.sonos.com) of a Sonos Product changes Sonos may change the Monthly Fee accordingly effective as of the month following the month in which the price changed.
9 PRIVACY
9.1 Personal data obtained by us from the Subscriber shall be held and processed in accordance with applicable laws and consistently with the Sonos Privacy Statement ( available here). Please take time to read this, as it includes important information which applies to the Subscriber.
9.2 Sonos may collect and share, all or a subset of the Subscribers personal data (e.g. date of birth, gender, name, address) with third parties for the purpose of external credit checks, to carry out services like website management and hosting, cloud-related services, online Product/Services purchases and delivery, credit card processing, and email communications. We share Subscribers personal data as necessary, such as to complete a transaction or to provide a Product or Service Subscriber has requested or authorized, and only with vendors or agents working on our behalf for the purposes described in these Terms.
9.3 We use tools, including third party service providers and social media platforms, that help us identify and reach out to existing and new customers, by matching[ a hashed (a pseudonymized technique) email address of Subscriber with data these third party service providers and/or social media platforms already have about individuals and with people on social media platforms to create so called “Custom Audiences” (this enables us to send targeted ads to our Subscribers) and “Lookalike Audiences” (this enables us to send targeted ads to people who have similar profiles and/characteristics to our Subscribers). By purchasing this Subscription, Subscriber agrees to share its pseudonymized contact data (e.g. email address) with Social Media Partners to improve the marketing experience. The Subscriber can opt out of such data sharing by sending an email to privacy@sonos.com.
10 RIGHT OF WITHDRAWAL (Herroeping)
10.1 The Subscriber has the right to withdraw from l the Contract (and thus the Subscription) within a period of 14 days following the date of initial Subscription, without having to give reasons.
10.2 To exercise these withdrawal rights, the Subscriber must notify Sonos clearly, in writing (by letter or e-mail) or via the Web Portal of their wish to cancel the Contract (and thus the Subscription).
10.3 If the Subscriber does withdraw the Contract Sonos will refund to the Subscriber no later than 14 days after Sonos has received notice from the Subscriber of their decision to withdraw all payments made to Sonos by the Subscriber up to that moment, including delivery costs (but excluding any extra costs arising from any choice of delivery beyond the cheapest standard delivery offered by Sonos). The refund will be effected using the same payment method used by the Subscriber for the original transaction, unless the Subscriber has expressly agreed otherwise. If the Subscriber has used the Sonos Products during the cancellation period the Subscriber will pay a sum to Sonos equal to the Monthly Fee, which sum Sonos may deduct from any sums it owes to the Subscriber. Refund as described in this Article 9.3 is subject to receipt of the returned Products from Subscriber.
11 Terms of Use, License and Warranty Agreement (EULA)
In addition to these General Terms & Conditions, the Subscription and use of Sonos Products are also subject to our Terms of Use, License and Warranty Agreement located at https://www.sonos.com/legal/terms-of-use.
In case refurbished Products are used, each refurbished Product is thoroughly tested and cleaned to ensure that it is as good as new and is also subject to the Terms of Use, License and Warranty Agreement. It will be delivered with all available accessories, manuals, and other documents in impeccable packaging.
12 MISCELLANEOUS PROVISIONS
12.1 Sonos reserves the right to make any reasonable changes to the Subscription (including an increase in the Monthly Fee in line with the consumer price index) and/or to these General Conditions. Sonos will notify the Subscriber at least 30 days before any change to these General Conditions becomes binding upon the Subscriber.
12.2 If any provision of these General Conditions is deemed invalid, void, or unenforceable, this will not prevent the remaining valid, lawful and enforceable provisions from being fully binding.
12.3 Book 7, Articles 207, 208, 210, and 216 (2) and (3) of the Dutch Civil Code do not apply.
12.4 The Subscriber agrees to information concerning the Subscription being sent only in digital form, such as by e-mail to the e-mail address provided at the time of registration.
12.5 Apart from any liability of Sonos arising from a deliberate act or gross negligence, or by virtue of any mandatory law, Sonos excludes all other liability to the Subscriber.
12.6 In the event of force majeure Sonos is not obliged to comply with any obligation arising from the Subscription, the Contract, and/or these General Conditions. The term ‘force majeure’ here includes the inability of Sonos to comply with its obligations due to war, threat of war, civil unrest, disturbance, fire, water damage, frost, flood, earthquake, work stoppage, sit down, lock out, government measures, defective equipment, interruptions in energy supply, breakdowns in communication systems, and changes to relevant laws or regulations.
12.7 The Subscription, the Contract, and these General Conditions are governed exclusively by Dutch law.
12.8 The Dutch courts have exclusive jurisdiction to hear any dispute arising from the Subscription, the Contract, these General Conditions, or any other legal relationship between Sonos and the Subscriber resulting therefrom.
12.9 The rights of the Subscriber arising from the Subscription, the Contract, or these General Conditions cannot be assigned without the prior written consent of Sonos. This provision constitutes a stipulation with property-law effect as defined in Book 3 Article 83 (2) of the Dutch Civil Code.