Terms of Sales
1. DESCRIPTION
1.1 These General Conditions of Sale (hereinafter the « GTC ») define the rights and obligations of the parties in connection with the sale of tablatures, scores, tutorials and objects related to the ukulele (hereinafter the « products » ), via the website www.ukulelepotato.com (hereinafter referred to as the « website »). These Terms and Conditions govern any sale of products made on the site.
1.2. The Terms and Conditions are concluded between, on the one hand, Alexandre Falcone (contact: ukulelepotato1234@gmail.com), affiliated since 11/10/2004 to PRODUCTIONS ASSOCIEES ASBL, registered with the Carrefour Bank of Enterprises of Belgium under number 0896.755. 397 (VAT BE 0896.755.397), whose registered office is at 70, Rue Emile Féron, 1060 Brussels, Belgium (Tel: +32 2 543 77 12), hereinafter referred to as the « seller » and secondly , the person wishing to consult the site and make a purchase, hereinafter referred to as the « buyer ». The buyer and the seller are hereinafter jointly referred to as the « parties ». The parties agree that their relations will be governed exclusively by the GTC to the exclusion of all conditions previously available on the site.
1.3 Any order for a product offered on the site (hereinafter the « order ») assumes the prior consultation and express acceptance of the GCS by the buyer, but this acceptance is conditioned by a handwritten signature on the part of the buyer. the buyer. In accordance with the provisions of the Law of 9 July 2001 laying down certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the purchase order constitutes an electronic signature which has, between the parties, the same value that a handwritten signature and is worth proof of the completeness of the order and the exigibility of the sums due in execution of said order.
1.4 The GTC exclusively concerns buyers, non-commercial individuals. The buyer who wishes to buy a product on the site declares to have full legal capacity. Any person incapacitated within the meaning of Article 1123 and following of the Civil Code, can in no way buy on the site, or must do so through the intermediary, and under the responsibility of his legal representative. This legal representative is required to respect the GTC.
2. PRODUCTS ON SALE
2.1. The products offered for sale are those listed on the site, with a description of their essential characteristics, the day and time of the consultation of the site by the buyer.
2.2 Photographs, texts and other descriptive elements illustrating the products do not enter the contractual field. If these photographs and / or texts were of an erroneous character, the responsibility of the seller could not be engaged on this account. The latter undertakes to provide its best efforts to correct errors or omissions as soon as possible after having been informed.
3. SELLING PRICES OF PRODUCTS POSTED
3.1 The price of each product is displayed on the website (hereinafter the « purchase price ») in euros and including VAT. The seller reserves the right to change prices at any time, but the products will be billed based on the purchase price in effect at the time of validation of the order. 3.3 No delay in delivery may result in the cancellation of the order or the payment of damages for the benefit of the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be refunded without interest or other form of compensation.
4. ORDERING TERMS
4.1 To place an order, the buyer must fill out the order form made available on the site, on which he will include the necessary information for his identification including his name, first name and address. The seller can not be held responsible for the consequences of the communication of erroneous information. After completing the order form, the buyer is invited to close the ordering process, by clicking on « Confirm my order ». By doing so, the buyer declares to fully and unreservedly accept all of the present GTS and agrees to pay the full amount due, ie the purchase price, plus fees, and less purchase vouchers. potential.
4.2 The seller will confirm each order by sending an e-mail to the buyer to the e-mail address specified by the purchaser upon his affiliation (hereinafter the « order confirmation »). This order confirmation will include the date of order, the product ordered, the purchase price, the download link for digital products. The data recorded by the seller, as well as the confirmation of order will constitute the proof of the relations between the buyer and the seller.
4.3 The seller reserves the right to refuse or cancel any order or delivery in case of dispute with the buyer, total or partial payment of a previous order or refusal of authorization to pay by credit card banking organizations. In this case, the seller’s liability could not, under any circumstances, be incurred.
5. PAYMENT TERMS
5.1 Payment for purchases is made by credit card type « Visa » or « Mastercard » and by credit card type « Maestro » and « Bancontact – Mistercash » or via « Paypal ». During the validation of the order, the user indicates the name which appears on his credit card or bank, the number of the card, its date of expiry (and the number of control in the case of a Visa and / or Mastercard). Some issuing banks may request an additional signature of the digipass type. The validity of the payment is confirmed or not after verification by the issuing bank. If the payment is confirmed, the levy comes after the billing of the order, according to the terms agreed with the banking institution issuing the card.
5.2 The product (s) ordered remain (s) the property of the seller until full payment of the purchase price indicated at the time of the order.
6. RIGHT OF RETRACTION AND TERMS OF RETURN
6.1 If the digital product (s) purchased on the site do not agree with the buyer and have not been downloaded (in which case the buyer would lose his / her right of retraction), it has a period of fourteen (14) calendar days, from the day after the day of the delivery, to give up its purchase without penalty and without indication of reasons, in accordance with the code of economic law Belgian. Within this period, the buyer must notify the seller of his intention to use his right of withdrawal, as follows: – Send an email to ukulelepotato1234@gmail.com – Notify name and first name of the buyer – Give a detailed description of the relevant item (s) with reference to the number and date of the invoice issued.
6.2 In case of use of his right of retraction by the buyer within the aforementioned period following the communication of his decision to retract in the manner agreed in the preceding paragraphs, the seller undertakes to refund the purchase price to the buyer. buyer, provided that it has already been paid.
6.3 In the event of refund of the returned products, the seller will credit the credit card used for the payment of said products by an amount equivalent to the purchase price thereof, minus the amount of the gift certificate (s). purchase or discounts made during the order. The repayment of the buyer will be made according to the terms agreed with the banking institution issuing the card.
7. PROTECTION OF PRIVACY WITH RESPECT TO PERSONAL DATA OF USERS
7.1 The seller collects personal data about the buyers, which are communicated to him on the website or by e-mail. He undertakes not to disclose these data to third parties. These are confidential. They will be used by its internal services only for the processing of orders, in order to strengthen and personalize the communication, including by letters / emails of information and as part of the personalization of the site according to the buyers’ preferences, or for monitoring solvency.
7.2 The seller does not sell, sell, or rent information about buyers to third parties. In case of transfer or use by third parties of personal data, the seller undertakes to inform the buyer beforehand and to allow him to exercise his right of opposition. The seller may also provide consolidated statistics about its buyers, sales, trade patterns and site information to trusted third parties, but these statistics will not contain any personal data. This article can not, however, prevent the transfer or transfer of activities to a third party.
8. LIABILITY
8.1. The seller contracts only obligations of means, for all stages of access to the site, the order, delivery or subsequent services. The responsibility of the seller could not be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in service, external intrusion or the presence of computer viruses, or any fact that may be qualified as force majeure. In any case, the seller’s liability under these GTC may not exceed an amount equal to the sums paid or payable during the transaction giving rise to the said liability, regardless of the cause or form of the action concerned.
8.2 The seller can not be held responsible for cases of force majeure such as a delay in the execution or for the non execution of its engagements due to events beyond its normal control.
9. INTELLECTUAL PROPERTY
All elements of the site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents and more generally by intellectual property as well as by the law relating to data base. They are the exclusive property of the seller. The buyer who has a personal website and who wishes to place, for personal use, on his own website a simple link directly to the site, must compulsorily ask the seller for permission. It will not be in this case an implicit agreement of affiliation. However, any hypertext link to the site and using the technique of framing or in-line or deep linking is strictly prohibited. In any case, any link, even tacitly authorized, must be withdrawn on request of the seller.
10. CONTACT WITH THE SELLER
10.1 In case of questions about his purchase, the buyer has the opportunity to contact the seller by email address ukulelepotato1234@gmail.com. The seller undertakes to respond to the request of the buyer as soon as possible.
10.2 If the download link for the digital product (s) does not appear in the order confirmation message, the buyer will contact the seller via the ukulelepotato1234@gmail.com address, and by indicating the date and the number of the order.
11. NULLITY AND INTEGRALITY If one or more stipulations of the GSC are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and their reach. The Terms and the order summary sent to the buyer form a contractual whole and constitute the entire contractual relationship between the parties. In case of contradiction between these documents, the GSC will prevail.
12. VALIDITY OF THE CI GC PRESENT These general conditions of sale apply throughout the duration of online services offered by the seller.
13. PROOF The computerized records kept in the computer systems of the seller and its partners under reasonable conditions of safety, will be considered as proof of communications, orders and payments between the parties. The parties accept in the context of their relations the principle of electronic evidence (for example: e-mail, backups, etc.).
14. MODIFICATIONS The seller reserves the right to modify the GSC and will communicate the new version to buyers via the site.
15. APPLICABLE LAW AND COMPETENT COURTS These GTC are subject to Belgian law. In case of dispute, an amicable solution will be sought before any legal action. In the absence of an amicable settlement, the courts of the judicial district of Liège will have sole jurisdiction.