TERMS AND CONDITIONS ("TERMS")
Effective date: May 1, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website https://consouling.be/ (hereafter referred as the "Service") operated by Consouling Sounds (hereafter referred to as "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
This Terms and Conditions agreement for Consouling Sounds has been created with the help of TermsFeed.
TERMS AND CONDITIONS OF WEBSITE USE
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites:
The Service may contain links to third-party web sites or services that are not owned or controlled by Consouling Sounds.
Consouling Sounds has no control over nor assumes responsibility for the content, privacy policies and/or practices of any third party websites or services to which links are provided on the Service. You further acknowledge and agree that Consouling Sounds shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall do so, including, again without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by deleting your account on the Service and thereafter discontinue using it.
These Terms shall be governed and construed in accordance with the laws of Belgium and the European Commission, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right to modify and/or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least a notice of a minimum of 30 days prior to any new terms taking effect. What constitutes a material change, will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
TERMS AND CONDITIONS OF SALE
The following conditions of product sale apply to all sales contracts between Consouling Sounds and the customer. Deviations from these terms and conditions can only be achieved through either a written document signed by Consouling Sounds and the customer, or through a verified digital exchange between a representative of Consouling Sounds and the customer. Contractual terms and conditions exclude any terms or conditions mentioned in documents of the customer completely, even if those documents are more recent. Consouling Sounds reserves the right to change the terms at any time and / or supplement for future orders without making the customer personally aware of this and without which the latter can claim compensation.
1. Identity of Consouling Sounds • Mike Keirsbilck / Consouling Sounds (hereafter referred to as “Consouling Sounds”) • Baudelostraat 11 • 9000 Gent • Belgium • VAT: BE0544.424.475 RPR Gent
2. Reservation and payment in store The customer has the option to reserve a product. The customer will be notified when this product can be collected in the Consouling Store shop, Baudelostraat 11, 9000 Ghent, Belgium. Only then, after inspection of the product and contact with the representative of the store present, does the customer decide whether or not the products will be purchased. In case of purchase, the customer pays at the cash register of the Consouling Store. Only at that time will a sale and purchase agreement be concluded. For that reason, in this case there is no question of distance selling: as a consequence, there is no right of withdrawal (see article 10). The customer can only pay the full purchase price at the time of collection in the Consouling Store store; each full or partial payment in advance or deposit (both offline and online) is excluded. Consouling Sounds reserves the right to refuse orders or reservations if: – There is a serious suspicion of bad faith or intent of fraud; – There are repeated abuses of the right of withdrawal; – There is suspicion of repeated abuse or fraud by a client; – Faulty, suspect or incorrect customer information is specified; – It is determined that a person has repeatedly reported fictitious personal data; – There is an abnormal amount of a quantity ordered – possibly in several purchase orders – It is established beyond a purely personal use; – It can be assumed that orders were made for resale; – There is force majeure.
The reserved products remain at the disposal of the customer in the Consouling Store for 30 days from the day of the reservation. If the customer does not collect or pay the reserved goods, the reservation will be canceled automatically after 30 days.
3 Delivery or pick up of an order
3.1 Delivery The delivery of the ordered product(s) to the customer – after the receipt of the payment – is made to an address chosen by the customer. The customer has a 30 days right of withdrawal (see article 10). Should the delivery of the ordered product(s) be delayed, Consouling Sounds reserves the right to alter the sales price. This sales price will be changed in case of changes to purchase prices, taxes, duties or levies due by Consouling Sounds in the period of time between the date of acceptance of the order and the date of the scheduled delivery. Attention! Delivery orders include an obligation of payment before any product(s) can be shipped and delivered.
3.2 Local pick up When the customer orders an item from the shop on www.consouling.be and chooses to withdraw this at the Consouling Store in Belgium (option ‘Local pick-up’), it will be available in the store soon after, depending on the stock and/or availability. The customer has a 14 days right of withdrawal (see paragraph 10). If the product(s) are not collected by the client after repeated electronic messages or e-mails by Consouling Sounds representatives, Consouling Sounds is entitled, within the period of 30 days, to cancel the order or agreement as dissolved. Attention! Local pick-up orders include an obligation of payment before any product(s) can be made available for pick-up.
4 Price Unless stated otherwise in the contract, prices include VAT and other possible taxes. All prices are in Euro/€. Items bought from the Consouling Sounds webshop are paid by the customer before delivery. There will be no delivery or order until the full purchase price has been paid. This price, including any delivery charges, must therefore be paid in full before delivery. Only then is the contract of “distance selling” effectuated. Promotions and special offers are only valid as long as the stock last. Consouling Sounds can not be held liable for the consequences of typographical or graphical errors in the prices or articles, for abnormalities in images or for interim changes in design.
Consouling Sounds reserves the right to modify orders, unilaterally changing the appropriated price if it appears that the price indication and/or product description of a product would be incorrectly labeled, due to a technical fault or human shortcoming. Payment for online orders can be made via PayPal or bank transfer payment options, as offered by Mollie Payments and as provided on the website. Consouling Sounds only accepts cash payment during local pick-up at the store; not at the moment of delivery. For cash payments, paper gift vouchers can be used in accordance with their validity from the date of issuance. If the amount of the order exceeds the amount of the gift card or gift card, the customer must pay the remaining amount. If the amount of the order is less than the amount of the gift card, the customer will keep the balance in the form of a deposit that is indicated on the gift card. Attention! The validity date of the gift card remains the same and will under no circumstance be extended. An exchange in cash is also not possible.
5 Terms and conditions The mode of delivery is indicated in a confirmation e-mail to the customer. The ordered product(s) will be delivered depending on the available stock. Belgian deliveries will be made by BPost SA under public law, Muntcenter 1, 1000 Brussels, Belgium, VAT number BE 0219 596 464 via “bpack @ bpost” TM and “bpack 24/7” TM. In the case of “bpack @ bpost” TM, the product remains in the “bpost pickup point” for 14 days. In the case of “bpack 24/7” TM, the product remains 5 (five) days available in the vending machine. There is no partial delivery possible: all products ordered in one order are all delivered together, unless otherwise agreed upon between Consouling Sounds and the customer. The general conditions of bpost NV and of public law are applicable to these delivery methods. (Inter)national orders are delivered to the address specified by the customer at the time of his order. The driver or carrier may request proof of identity at delivery. In this case, the customer signs for receiving the delivery, through an endorsement on a delivery. Every visible defect in the product may be reported to Consouling Sounds via e-mail to firstname.lastname@example.org, which must include a photograph of the damage. This must occur within two days of delivery. Consouling Sounds will determine if the damage is eligible for compensation and how compensation will happen. Consouling Sounds reserves the right to make a proposal to the client on this method of compensation.
If the customer is not present at the time of delivery of a product(s), a message is left in the mailbox by the local post office , so the client can, after delivering proof of identity, pick up the product within 14 calendar days at the local post office. In the case of a re-offer because of the absence of the customer, Consouling Sounds reserves the right to charge the possible costs connected to this re-offer.
6 Delivery Delivery dates are not an essential element of the sales agreement. Unless another date for delivery has been agreed upon, for example in the case of pre-order or out-of-stock order, Consouling Sounds will ensure the delivery of the product(s) not later than 30 days after the conclusion of the contract. Should Consouling Sounds not be able to comply with this deadline, a new time of delivery, appropriate considering specified circumstances, will be agreed upon with the customer.
7 Pick up in store Products can be collected or picked up in the Consouling Store. Consouling Sounds reserves the right to solely assign the goods on presentation of proof of both the order and a valid proof of identity. The latter may be accompanied by a signed and original power of attorney of the person in whose name the order is done. In other words, proof is required of the identity of the natural person who made the order, or of the identity of the legal representative in case of an order has been made by a legal entity. The product(s) will remain available for a duration of 30 calendar days, after which the order will be cancelled. To prevent payment fraud and to retrieve it in the case of a judicial investigation, Consouling Sounds is entitled to retain a copy of the identity card or document.
8.1 Legal guarantee (for consumers) Under the Act of September 21, 2004 on the protection of consumers in consumer sales, the consumer has legal rights. Each product is subject to the legal warranty from the date of purchase by (or delivery to) the first owning customer. Any commercial guarantee leaves these rights unchanged.
8.2 General To invoke the warranty, the customer must be able to present proof of purchase. For articles that were purchased online and subsequently delivered to the customer, the customer must contact our customer service via email@example.com, after which the customer must return the product purchased at Consouling Sounds at their own expense.
Any defect must be reported within 2 days after delivery at the customer’s home or purchase in the Consouling Store. Afterwards, all rights to repair or replacement are declined. (Commercial and/or legal) guarantee never applies to defects that arise as a result of the following causes: accidents; neglect; falling damage (including beyond repair); abnormal or incorrect use; use of the product inconsistent with the purpose for which it was designed; failure to follow the instructions or manual adjustments or modifications to the article; rough use; poor maintenance; and abnormal or incorrect use. It does not apply either to products with a shorter life, and to wear-and-tear items. Defects that manifest themselves after a period of 6 months from the date of purchase or delivery, shall be deemed to have no latent defects, unless this can be proven otherwise by the customer. The warranty is not transferrable.
9 Transfer of ownership and risk The ownership of the goods is of Consouling Sounds is transferred on to the customer at the moment of receipt or delivery of the goods after full payment of the price. As long as the purchase price was not paid, it is specifically prohibited to pledge the goods or offer them in any way or use them as collateral. The customer is expressly prohibited to make changes to these goods, to make this property immovable by incorporation or destination, to sell them or in any way exploit possessive rights.
10 Right of Withdrawal and Return
10.1 Withdrawal The customer has the right to communicate to Consouling Sounds the abandonment of the purchase without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the article. This right of withdrawal does not apply to products purchased by legal entities or natural persons for professional use. To exercise the right of withdrawal, the customer must notify Consouling Sounds by an unequivocal statement of your decision to withdraw. You can do this by sending an email to firstname.lastname@example.org. The burden of proof of exercising the right of withdrawal lies with the customer. The customer is liable for the value of the products resulting from its use, which goes beyond what is necessary to establish the nature and characteristics, and to determine the effect of the product. This entails, for example, deterioriation of the product due to repeated use, which affects its original value.
The right of withdrawal only applies to products of which can be proven that they have been purchased at the Consouling Store or through the Consouling Sounds webshop. Consouling Sounds reserves the right to refuse submitted proofs of purchase, if these exceed the previously stated period of 14 calendar days. In the event of exercising the right of withdrawal, the customer shall return the product to Consouling Sounds by their own means and at their own risk and expense. Shipments that state “postage paid by the recipient” and “cash on delivery” will be refused. The right of withdrawal does not apply to the following items: - Items that are clearly personal in nature; - Items that had been sealed and of which the the seal has been broken or, if the packaging was changed, have therefore lost their original value; - Items that can not be returned due to their nature.
10.2 Return The customer must exercise their right to return the product within 14 calendar days, starting from the day following the day of delivery or the physical seizure of the product, either through a registered letter, by telephone (+32 498 11 64 48), or by e-mail (email@example.com). The customer can also issue the product to a vendor in the Consouling Store store without any charge. Consouling Sounds reserves the right to delay a refund until the returned product(s) have actually been received. Within14 calendar days of receipt of the product(s), the paid purchase price will be fully refunded. The customer can also use the amount as a credit for the first new purchase in the Consouling Store. This credit must be for a single purchase. Consouling Sounds reserves at all times the right to deduct the amount of value of the returned product(s) for which the customer is liable, from the purchase price to be refunded.
11 Right to dissolve In the event of the customer’s insolevency or in case of outstanding debts, even within the framework of previous agreements between the customer and Consouling Sounds, Consouling Sounds has at all times the right to suspend its obligations until customer has paid any outstanding debts to Consouling Sounds in full. When a notification by invoice of this situation is delivered, the customer has seven calender days to fulfil this demand. If no payment has made by the client after the expiration of the invoice’s due date, Consouling Sounds is entitled, ipso jure and without prior notice, to terminate any contract, while maintaining all rights to claim interest and/or compensation.
12 Receivables In case of purchase of demonstration products and/or showroom models, the customer will be presented a document for signing, in which they agree to have knowledge of any visible damage to or visible defects of such products. Such a document will be signed by a representative of Consouling Sounds, and will involve the customer’s agreement to distance their rights to make claims about these visible damages and/or defects, and relinquish them to Consouling Sounds. The above shall not affect the statutory warranty rights of the customer.
13 Risks of the Internet The customer is aware of the limitations and risks associated with the use of Internet and/or any other medium that allows to visit the website. The customer is also aware of the risks of digital and/or electronic storage and/or transmission of information. The customer accepts that in their use of the website, Consouling Sounds is not liable for any damage as a result of the aforementioned risks. The customer accepts that electronic communications and backups can serve as proof.
14 General Provisions – Jurisdiction
14.1 Judicial provision Should one of the articles in these Terms and Conditions become invalid or void, or should one be declared invalid by a competent court, then this shall not affect the validity of the other articles of these Terms and Conditions, which will remain fully applicable. Should one of the articles of these Terms and Conditions become invalid or void, or should one be declared as invalid by a competent court, then the parties involved will consult jointly to replace this with a valid article and/or agreement as close as possible to the initial intent of both parties.
14.2 Governmental provision All agreements between Consouling Sounds and its customers, as well as these Terms and Conditions, are governed exclusively by Belgian law. Any dispute regarding the existence, implementation and/or interpretation of these Terms and Conditions, of all agreements between Consouling Sounds and its customers fall within the exclusive jurisdiction of the courts of Ghent.
15 Intellectual Property All texts, commentaries, periodicals, illustrations and images displayed on Consouling Sounds’ website and on the Consouling Store website, are protected by international copyright and related rights, as well as by any law relating to intellectual property on a worldwide scale. Any partial or total reproduction of the Consouling name, its associated logos and websites, or of the catalogue, is strictly prohibited and will be sued in a court of law.
16 Complaints or disputes For any complaints and dispute in relation to these Terms and Conditions, the customer can contact the customer service of Consouling Sounds (Monday to Friday, 8:30 AM until noon):
• Email: firstname.lastname@example.org • Phone: +32 498 11 64 48 (Monday to Friday) from 8.30 AM till noon.