Article 1 – Identity
These are the general terms and conditions of Daft Shop.
Name entrepreneur: Another Sound SA
Registered at Route de Waimes 19B, 4960 Malmedy, Belgium
E-mail address: email@example.com
Phone number: +32 2 899 79 78
VAT number: BE 0806 011 701
Article 2 – Definitions
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Another Sound SA, Route de Waimes 19B, 4960 Malmedy.
- Website refers to Daft Shop, accessible from https://shop.wearedaft.be
- Supplementary agreement: an agreement whereby a consumer acquires products in connection with a distance contract and these products are supplied by Another Sound SA or by a third party on the basis of an agreement between the third party and Another Sound SA;
- Cooling-off period: the period within which a consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Durable data carrier: every device – including e-mail – that enables a consumer or Another Sound SA to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to withdraw from the distance contract within the cooling-off period;
- Distance contract: an agreement concluded between Another Sound SA and a consumer within the framework of an organized system for distance selling of products, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
- Revocation Form: the withdrawal form included in Appendix I of these terms and conditions;
- Technology for distance communication: means that can be used for concluding an agreement, without a consumer and Another Sound SA having to be in the same room at the same time.
Article 3 – Applicability
- These general terms and conditions apply to every offer made by Us and to every distance contract concluded between Us and a consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available electronically to the consumer in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, we will indicate how the general terms and conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- Apparent mistakes or manifest errors in the supply of products do not bind Us.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
- The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set thereby.
- If the consumer has accepted the offer electronically, we will immediately confirm electronically the receipt of the acceptance of the offer.
- We will provide the consumer with the following information at the latest on delivery of the product:
- the visiting address of the company branch where the consumer can, for example, file complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price including all taxes of the product, as far as applicable the costs of delivery and the method of payment, delivery or execution of the distance contract;
- if the consumer has a right of withdrawal, the withdrawal form.
Article 6 – Right of withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a cooling off period of 30 days without giving any reason. We may ask the consumer about the reason for withdrawal, but the consumer is not obliged to state his reason (s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. We may, provided it has informed the consumer in a clear manner prior to the ordering process, refuse an order for several products with a different delivery time; or
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.
Article 7 – Obligations of the consumer during the cooling-off period
- During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
Article 8 – Exercising the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he will report this to us within the cooling-off period by means of the withdrawal form or in an unambiguous manner.
- As quickly as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) us. This is not necessary if Another Sound SA has offered to collect the product itself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the instructions provided by us.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer already bears the direct and indirect costs of returning the product.
- Further required information about returning a product is stated on the website.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of us in the event of withdrawal
- If we make the notification of withdrawal by the consumer electronically possible, he will immediately send an acknowledgment of receipt after receipt of this notification.
- We will reimburse all payments from the consumer, exclusive of any delivery costs charged by us for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless we offer to collect the product itself, it may wait to pay back until it has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- We use the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery,we do not have to repay the additional costs for the more expensive method.
Article 10 – The price
- During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
- The prices mentioned in the product offer include VAT.
Article 11 – Compliance agreement and additional warranty
- We guarantee that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement.
- In any case, no claim can be made on what is made under paragraph 1 of this Article (i) in case of damage by intent or negligence, (ii) in the event of normal wear and tear and / or (iii) in the event of damage due to failure or incorrect observance. taking the operating instructions or instructions for use.
- An additional guarantee provided by us, our supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can assert against us under the agreement if we have failed to fulfill its part of the agreement.
- An additional guarantee is understood to mean any obligation of us, our supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Article 12 – Delivery and execution
- We will take the greatest possible care when receiving and implementing orders for products. We will clearly state the cost price of the delivery of the goods during the sales procedure.
- Delivery takes place while stocks last.
- The ownership of delivered products passes to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
- The place of delivery is the address that the consumer has made known to us.
- The consumer must provide the correct address and e-mail address to us. Any changes to this must also be passed on to us in a timely manner. If the consumer has given a wrong address for the delivery, the extra shipping costs will be charged to the consumer.
- We will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs.
- After dissolution in accordance with the previous paragraph, we will immediately repay the amount that the consumer has paid.
- The risk of damage and / or loss of products rests with us until the moment of delivery to the consumer or a pre-designated representative made known to us, unless expressly agreed otherwise.
Article 13 – Payment
- Unless otherwise stipulated in the agreement, the amounts owed by the consumer must be paid within 30 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 30 days after the conclusion of the agreement.
- The consumer has the duty to immediately notify us of inaccuracies in the payment details provided or stated. Payment orders for giro and banking institutions are for the account and risk of the party who issues the order (or authorization).
- If the consumer does not fulfill his payment obligation (in full or in part) on time, after he has been informed by us of the late payment, we are entitled to charge the extrajudicial collection costs. These collection costs are: 15% over outstanding amounts up to € 2,500, – 10% over the subsequent € 2,500, – and 5% over the next € 5,000, with a minimum of € 40.
Article 14 – Intellectual property
- The website and all parts thereof, with the exception of certain hyperlinks to third parties, are the property of us. All intellectual property rights relating to the website and all parts thereof (such as the products offered) are vested in Another Sound SA, insofar as these rights do not rest with third parties.
- Without the prior written permission of us, it is not permitted to publish, reproduce, store or transfer the website, parts of the website, information obtained from the website, products shown on the website or other material displayed on the website, in any form whatsoever.
Article 15 – Force Majeure
- Another Sound SA and the consumer are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to her fault, and neither under the law, a legal act or generally accepted bill.
Article 16 – Complaints regulation
- Another Sound SA has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to Another Sound SA as soon as possible after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to Another Sound SA will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Another Sound SA will reply within the period of 30 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 17 – Other
- Any deviations from these general conditions can only be agreed in writing. No rights can be derived from such deviations with respect to later legal relationships.
- The administration of Another Sound SA applies, subject to proof to the contrary, as proof of the requests and / or orders made by the consumer. The consumer acknowledges that electronic communication can serve as proof.
- Another Sound SA is entitled to transfer the rights and obligations from the agreement with you to a third party by a single notification.
- If and insofar as any provision of the general terms and conditions is annulled or annulled, the other provisions of these general terms and conditions will remain in full force. Another Sound SA will then adopt a new provision to replace the void / voided provision, whereby the purport of the void / voided provision will be taken into account as far as possible.
Article 18 – Applicable law and jurisdiction
- Contracts, and all resulting non-contractual obligations, between Another Sound SA and the consumer to which these general terms and conditions relate, are governed exclusively by Belgian law.
- All disputes between Another Sound SA and the consumer will in the first instance be settled by the competent court in the district of Verviers.