Terms & Conditions (of sale)
Company information
Brassband Willebroek VZW
Kerkstraat 2A, 2830 Willebroek, Belgium
brassbandwillebroek@gmail.com
+32 476 42 75 39
Company registration number: 0430.988.618
Article 1: General provisions
The e-commerce website of Brassband Willebroek (hereinafter 'BBW'), a non-profit association with its registered office in Willebroek offers its customers the opportunity to purchase the products from its online store online.
These Terms and Conditions ("Conditions") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order via the BBW web shop, the Customer must explicitly accept these Conditions, thereby agreeing to the applicability of these Conditions, to the exclusion of all other conditions. Additional conditions of the Customer are excluded, except if they have been accepted in writing and expressly by BBW.
Article 2: Price
All prices mentioned are expressed in EURO. Brassband Willebroek VZW is exempt from VAT on goods and services. (Article 44, paragraph 2 of the VAT law book) ”
If delivery, reservation or administrative costs are charged, this will be stated separately.
The price indication refers only to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind BBW. As far as the accuracy and completeness of the information offered is concerned, BBW is only bound to a means obligation. BBW is in no way liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.
The offer is valid as long as stocks last and can be adjusted or withdrawn by BBW at any time. BBW cannot be held responsible for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
Both physical and digital products are offered by BBW via various web pages. The Customer can choose at any time on the product page to add the product to the shopping cart without further obligations.
The shopping cart offers the Customer options to continue shopping or to pay, through this last step a purchase procedure will be started:
The Customer provides the necessary information (e-mail, name, address, telephone) to complete an order. This information will be processed through the Privacy Policy of the website.
The Customer indicates his or her preferred delivery method. This only applies to physical purchases. Standard shipping is one of the options.
The Customer can choose between the following payment methods:
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with credit or debit card
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with bank card
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with IDeal
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with PayPal
BBW is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and implementation of the agreement
Items ordered through this web store are delivered in Belgium, Europe, EFTA states, USA, Canada, Australia / New Zealand, worldwide.
Delivery for physical purchases takes place via Bpost, FedEx, Latvijas Pasts, DHL, USPS or DPD. The delivery time is 2 to 14 working days depending on the location of delivery.
The delivery for digital purchases takes place immediately via the website without any additional costs.
If BBW is unable to meet the stipulated delivery period, it will personally contact you with further details.
Any visible damage and / or qualitative shortcoming of an article or other shortcoming in the delivery must be reported by the Customer to BBW without delay.
The risk of loss or damage is transferred to the Customer as soon as he (or a third party designated by him, who is not the carrier) has physically taken possession of the goods. However, the risk already transfers to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and BBW did not offer this choice.
Article 6: Retention of title
The delivered items remain the exclusive property of BBW until full payment by the Customer.
If necessary, the Client undertakes to inform third parties of BBW's retention of title, for example to anyone who would seize articles that have not yet been paid in full.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who, in their capacity as consumers, purchase articles online from BBW.
The Customer has the right to withdraw from the contract within 14 calendar days without giving any reason.
The withdrawal period expires 14 calendar days after the day:
a) a) on which the Client or a third party designated by the Client, who is not the carrier, physically obtains the goods. (for sales contracts, including contracts covering both goods and services & contracts where the Customer has ordered multiple goods in the same order that are delivered separately)
b) on which the Customer or a third party designated by the Customer, who is not the carrier, physically receives the last shipment or the last part. (for agreements concerning the delivery of a good consisting of different consignments or parts)
c) on which the Client or a third party designated by the Client, who is not the carrier, physically obtains the first good. (for contracts concerning regular delivery of goods during a certain period)
In order to exercise the right of withdrawal, the Customer must inform Brassband Willebroek vzw (Kerkstraat 2A, 2830 Willebroek, Belgium, +32 476 42 75 39, brassbandwillebroek@gmail.com) of its decision to withdraw from the contract by means of an unambiguous statement (eg in writing by post, fax or e-mail). The Customer can use the attached model withdrawal form for this, but is not obliged to do so.
To comply with the withdrawal period, the Customer must send his notice of his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to Brassband Willebroek vzw, Kerkstraat 2A, Kerkstraat 2A, 2830 Willebroek, Belgium without delay, but in any event no later than 14 calendar days after the day on which he communicated his decision to withdraw from the contract to Brassband Willebroek vzw. . The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods are for the Customer.
If the returned product is in any way diminished in value, BBW reserves the right to hold the Customer liable and to claim damages for any depreciation of the goods resulting from the Customer's use of the goods that goes beyond what is necessary to determine the nature, characteristics and operation of the goods.
Only items that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
If the Customer has requested to start the provision of services during the withdrawal period, the Customer will pay an amount proportional to what has already been provided to him when he has notified us that he has revoked the contract, compared to the full performance of the agreement. "
If the Customer revokes the agreement, BBW will refund all payments received from the Customer up to that time, including the standard delivery costs, to the Customer within a maximum of 14 calendar days after BBW has been informed of the Customer's decision to cancel the agreement. For sales contracts, BBW can wait with the refund until he has received all the goods back, or until the Customer has demonstrated that he has returned the goods, whichever comes first.
Any additional costs resulting from the choice of the Customer for a method of delivery other than the cheapest standard delivery offered by BBW will not be refunded.
BBW will repay the Customer with the same payment method as the Customer used to carry out the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged for such a refund.
The Customer cannot use the right of withdrawal for:
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the supply of sealed audio and sealed video recordings and sealed computer software of which the seal has been broken after delivery;
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the delivery of digital content that has not been delivered on a tangible medium, if the execution has started with the express prior consent of the Customer and provided that the Customer has acknowledged that he thereby loses his right of withdrawal (eg downloading music, software)
Article 8: Warranty
Under the Act of 21 September 2004 on the protection of consumers when selling consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial warranty is without prejudice to these rights.
To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact BBW Customer Service and return the item to BBW at his expense.
If a defect is found, the Client must inform BBW as soon as possible. In any case, any defect must be reported by the Customer within 2 months of its discovery. Any right to repair or replacement will lapse afterwards.
The (legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or changes to the article , heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Client proves otherwise.
Article 9: Customer service
The BBW customer service can be reached by phone +32 476 42 75 39, by email at brassbandwillebroek@gmail.com or by post at the following address: Kerkstraat 2A, 2830 Willebroek, Belgium. Any complaints can be directed to this.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights that BBW has, the Client will owe interest of 10% per year on the unpaid amount in the event of late or non-payment from the date of the default by law and without reminder. In addition, the Customer is legally and without reminder owing a fixed compensation of 10% on the amount involved, with a minimum of 25 euros per invoice.
Notwithstanding the foregoing, BBW reserves the right to take back unpaid or fully paid items.
Article 11: Privacy
The data controller, Brassband Willebroek VZW respects the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data.
The personal data provided by you will only be used for the following purposes: specify the purpose for which the data is processed, such as, for example, the execution of the concluded agreement, the processing of the order, sending newsletters, advertising and / or marketing purposes.
You have a legal right to inspect and possibly correct your personal data. Provided proof of identity (copy of identity card) you can obtain a written notification of your personal data free of charge via a written, dated and signed request to Brassband Willebroek vzw (Kerkstraat 2A, 2830 Willebroek, Belgium, +32 476 42 75 39, brassbandwillebroek@gmail.com). If necessary, you can also ask to correct the data that would be incorrect, incomplete or irrelevant.
In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. For this you can always contact Brassband Willebroek vzw (Kerkstraat 2A, 2830 Willebroek, Belgium, +32 476 42 75 39, brassbandwillebroek@gmail.com)
We treat your data as confidential information and will not pass it on, rent it or sell it to third parties.
The customer is responsible for keeping his login details confidential and the use of his password. Your password is stored encrypted, so BBW has no access to your password.
BBW keeps online (anonymous) visitor statistics to see which pages of the website are visited.
If you have any questions about this privacy statement, please contact us on our website.
Article 12: Use of cookies
During a visit to the site, 'cookies' can be placed on the hard disk of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify people, a cookie can only identify one machine.
"First party cookies" are technical cookies that are used by the visited site itself and that aim to make the site function optimally. Eg: settings that the user has made during previous visits to the site, or even: a pre-filled form with data that the user has made during previous visits.
"Third Party cookies" are cookies that do not come from the website itself, but from third parties, eg an existing marketing or advertising plug-in. Eg. cookies from Facebook or Google Analytics. The visitor of the site must first give permission for such cookies.
You can set your internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 13: Affect of validity - non-renunciation
If any provision of these Conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by BBW to enforce any of the rights listed in these Conditions, or to exercise any right therefrom, shall never be considered a waiver of such provision and will never affect the validity of these rights.
Article 14: Change of conditions
These Conditions are supplemented by other conditions that are explicitly referred to, and the terms a& conditions of sale of BBW. In the event of contradiction, the present Conditions prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Article 16: Applicable law - Disputes
Belgian law applies, with the exception of the provisions of private international law on applicable law.
The courts of the consumer's domicile are competent in legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).