1. Coordinates of the company
Cutsquad-Prod
PB
Belgium
2. Field of application
The present General Conditions of Sale come into effect from 01/03/2007, these apply to any order of products made by means of the Service such as defined below. The possible general conditions of the buyer do not apply.
Opposite measures on the present General Conditions of Sale will be applicable only with the express and written approval of the company Cutsquad-prod.
The present General Conditions of Sale do not apply to the other activities of the company Cutsquad-prod, to which specific general conditions apply completely.
3. Definition of the Service and the addressees
By Service, we understand the service of on-line purchase of products sold by or under the responsibility of Cutsquad-prod proposed on the part of the web site of Cutsquad-prod.com, accessible from the unique URL http://www.Cutsquad-prod.com.
4. Conclusion of the contract and acceptance of the general conditions
Products presented to the purchase by means of the site constitute in no way a contractual proposition so that the simple will shown by the buyer to acquire them, except the process of signing of order as detailed below, cannot alone create a contractual relation.
On the other hand, the fulfilment of the below described process of order engages contractually the buyer, Cutsquad-prod being engaged validly towards the Buyer only as from the sending of a confirmation of acceptance by Cutsquad-prod of its order, as explained below and with validation of the actual payment.
Without prejudice of what precedes, Cutsquad-prod is authorized, at any time and without preliminary announcement, to suspend the sale of products, to modify the assortment of products or to modify the range of prices of its products, since these modifications will have no influence on the orders beforehand accepted by Cutsquad-prod.
By filling and by validating the order form, the buyer accepts without reservation the present General Conditions of Sale.
Cutsquad-prod reserves the right to modify the present General Conditions without announcement. The new modified General Conditions will apply immediately except as regards the orders already accepted by Cutsquad-prod.com and that remain governed by the General Conditions in force in the date of the confirmation.
Only the present general conditions of sale apply to all the offers, the estimate, the sales and the deliveries, as far as there are no opposite imperative legal prescriptions or no agreements expressly agreed in writing with Cutsquad-prod.
5. Placing of orders, acceptance of orders
The Purchaser looks through the e-shop part of the Internet site of Cutsquad-prod and chooses the products he wishes to buy. An internal engine of research also makes it possible to the purchaser to obtain the references of products on the basis of criterion which he can introduce. The double click of the purchaser to the title of the purchase order constitutes an electronic signature which has, between the two parts, the same value as the handwritten signature.
6. Details of the order
A Web page showing the details of the order (general picture) carried out by the Purchaser is proposed to him for confirmation.
The details of the order include:
- Quantity and the name of the ordered products;
- The unit price of each product, the total price of order VAT included
- The way of delivery and delivery expenses
- The way of payment
If an error is detected in the order, an error message is posted as of detection of the aforementioned error.
7. Confirmation by Cutsquad-prod and execution of the order
The purchaser receives, by electronic mail, a confirmation of its order.
This confirmation includes:
- The order number
- The order date
- The address of the purchaser and the address of delivery
- Details of the order as enumerated in article 3 including the total price of the order, VAT included.
Cutsquad-prod reserves the right to suspend or refuse the confirmation of order in the following cases strictly enumerated:
- Incomplete or incorrect order;
- Obviously erroneous data communication;
- Non-payment of preceding deliveries or refusal of authorization on behalf of the financial organization of the purchaser
- Not-confirmation of the payment by Web banking by the organization in charge of the technical realization of this payment.
8. Offer, prices and modifications
The prices are made out in Euros and are valid only at the dispatch date of the purchase order by the purchaser.
They do not include the delivery expenses, charges in addition, and indicated before the validation of the order.
The prices include the applicable VAT at the day of the order and any change of this rate will be automatically reflected on the price of the shop on line.
Before being able to put in a first order, the purchaser is invited to create a legal account allowing him to engage with these general conditions.
9. Choice of the way of payment
- By a credit transfer on our account
Bank of the post: 000-1391932-52
IBAN Nr: BE64 0001 3619 3252
BIC: BPOTBEB1
- By credit card via Paypal
As of reception of your transfer on our account we dispatch you your order.
- By cash with order (Payment to the postman by the reception of your parcel by the post office)
The payments must be done only in euros.
10. Ways of delivery
The Products are delivered to the address indicated by the Purchaser on the on line purchase order. The purchaser is required to check the state of the packing to the delivery and to report the damage due to the conveyor on the delivery order and to inform Cutsquad-prod within a one week deadline.
The purchaser can, with his request, obtain the sending of an invoice to the address of delivery and not to the bill-to-address by filling this option on the purchase order.
11. Availability of the products
The order will be carried out at the latest within a 5 days deadline.
The offers of products and prices of Cutsquad-prod are valid as long as they are visible on the Cutsquad-prod.com site, within the limit of stocks available to Cutsquad-prod or its suppliers.
In case of unavailability of a product, the purchaser is informed. Cutsquad-prod will contact the customer in order to indicate the delivery periods and the possible changes of tariffs to him and will be able to possibly cancel his order.
In any event, Cutsquad-prod could not be held responsible for the damage resulting from the unavailability of a product.
12. Delivery
The order will be delivered to the address indicated by the Purchaser in the process of order and according to specified methods'.
The ordered products could only be delivered at an address located in Belgium, France and Luxemburg, at the delivery prices included under the delivery terms and not at a P.0. box. The purchasers from other countries will first make a request by e-mail to know the delivered price adapted to their area.
The tariffs are available on the page “Shipping and returns” on the site.
13. Delivery periods
Cutsquad-prod will take care that the order is treated as soon as possible.
The delivery periods mentioned are average treatment and delivery periods and are mentioned for information only.
Cutsquad-prod could not be held responsible for the possible delays in the treatment of the orders or their delivery. If the order is not delivered within 30 calendar day after its confirmation, it is possible for the Purchaser to cancel it, without allowances, as far as he notifies it by recommended mail to the co-ordinates appearing in article 1 of these general conditions.
The amounts which the purchaser would have already paid would then be refunded to him in the 30 days from the reception of the request for cancellation.
Cutsquad-prod reserves the right to split the delivery of the products because of their availabilities and at the request of the Purchaser.
In case of split delivery of an order on different dates, the last delivered product will have to be delivered within 30 days.
14. Invoicing
Cutsquad-prod will deliver an invoice in accordance with the VAT legislation only to the professional Purchaser (professional purchases) and as far as this one introduces his VAT number or, failing this, his company number or his national number in the provided field.
If the Purchaser wishes an invoice mentioning an different address from the delivery address, he can, at the moment of the order, specify an address by validating the provided option on the order form and by filling in the adequate data.
For professional purchasers living in Europe and having a VAT number, it is possible to obtain an invoice with 0% VAT (delivery within the EEC). The purchaser with this intention will register on the Cutsquad-prod.com site by mentioning his EEC VAT number, which will then be checked by the seller, before an invoice with 0% VAT is sent to him.
A delivery order is always joined to the ordered items/products at the time of delivery.
The price applied for the invoicing is the price mentioned on the Internet site of Cutsquad-prod, accessible from the unique URL www.cutsquad-pro.com the day of the order. It can be modified any time as far as these modifications will have no influence on the obligations of the parts relating to the orders beforehand confirmed by Cutsquad-prod.com.
The prices suggested at the end of the order process are the total prices that include, if need be, the Belgian VAT and transport charges.
15. Nonconformity - Guarantee
All the products offered by the means of the Service are described in good faith and most accurately possible. The images presented on Internet site of Cutsquad-prod.com do not have any contractual value however.
If the received product does not correspond to the product that the Purchaser ordered or if it is damaged, it is possible for the purchaser to turn it over in his original packing to Cutsquad-prod.com, within 7 days after delivery.
After checking Cutsquad-prod will exchange the product or will refund the amount of the order, within 30 calendar days after reception of the turned over product.
After this 7 days deadline, the delivered products neither will be taken back nor refunded.
Cutsquad-prod reserves however the right to refuse to refund the turned over products when those are turned over damaged, unpacked or used.
A guarantee of 1 to 2 years according to the manufacturer applies to the parts and manpower to the products sold by Cutsquad-prod.
Are excluded from the guarantee: Crossfaders, speakers, cells, Vinyls, Dvd's, videos, any product having undergone an engineering or physical change during the guarantee period.
In case of breakdown, you must imperatively contact us by e-mail to obtain a return number. No product will be accepted without the return number delivered by Cutsquad-prod.
The shipping costs are charged to the customer for the first shipping and to Cutsquad-prod for the second shipping of the product.
We commit ourselves delivering to the address of your choice, in accordance with the elements that you will have provided us.
The products in stock can be delivered within 1 to 7 working days, after reception of the payment (bank transfer or credit card). In case of a longer delivery period, the purchaser is informed by e-mail with the order reception by the seller.
In any case, Cutsquad-prod could not be held responsible for the damage resulting from the unavailability of a product.
However, if one or more ordered products do not arrive at the communicated delivery address within 30 calendar days after order confirmation, it would be up to the Purchaser to connect, within a reasonable time, with the Customer Service of Cutsquad-prod, to check the state of his order.
A non delivery will never be the object of any request for damages.
Any complaint concerning the delivery period or the nonconformity of the goods will have to be done with to the E-mail address of the site or by fax.
If it would be proved that the carried out package would be mislaid at the time of delivery, Cutsquad-prod would proceed to a new sending following availability or would refund the amount of the order.
The obligation to deliver within 30 days applies however only to private individuals and can, also in this case, be subject to an exemption.
16. Right of renunciation
In accordance with the Belgian law of July 14, 1991 on the practices of trade and the consumer's protection and information, the Purchaser who acts as a consumer has a 7 working days deadline, as from the following day of the delivery date of the order, to possibly notify with Cutsquad-prod that he gives up his purchase. This right of renunciation does not belong to the professional Purchaser.
If the purchase relates to personalized products, the consumer does not profit from this right. This notification of the renunciation can be carried out by way of recommended mail addressed to the Customer Service of Cutsquad-prod whose coordinates are mentioned in article 1.
The right of renunciation of the Purchaser is subordinated to the turn over of the whole delivered order within a 3 working days deadline as from the sending of recommended mail of renunciation.
The returned products must be dispatched in a new state, in their original packing and in perfect state, necessarily accompanied by their delivery orders.
Cutsquad-prod refunds, as of reception of the returned products, the amount of the concerned order, as far as the concerned products are in perfect state.
17. Disclaimer - Limitation of responsibility
Cutsquad-prod could not be held responsible for any direct or indirect damage (trading loss, loss of profit, loss of chance...) following from the use of the Service.
Moreover Cutsquad-prod does not incur any responsibility concerning the contents of the sites third parties towards which it establishes a hypertext link, in particular as far as the protection of the private life is concerned.
Cutsquad-prod could not be held responsible for the non-fulfilment of the orders, including in case of absolute necessity, of disturbance or all-out or partial strike of transport and/or communications ways, in case of flood or fire.
From the moment when the goods are given to a shipper, conveyor or at the post office, at the latest when it leaves our buildings, the customer assumes the risk engendered by the goods. The transmission of the risk to the customer is also carried out in the case of deliveries by the postal service in the residence.
18. Languages
Cutsquad-prod proposes the on line order procedure to the Purchasers in two languages: French and English.
19. Filing
The contracts concluded via the Service are filed by Cutsquad-prod but are not accessible to third parties (including the Purchasers).
Private life
In accordance with the Private Life Charter presented on Internet site of Cutsquad-prod and to which it is referred, Cutsquad-prod commits itself to respect the law of December 8, 1992 relating to protection of private life with regard to the processing of personal data.
20. Litigations
The whole trade conditions are submitted only to the Belgian law. The commercial law of UNO is expressly excluded.
In the absence of amicable agreement, any disagreement relating to the use of the Service and the application or the interpretation of these General Conditions of Sale will be exclusively governed by the Belgian law. Only the courts of Charleroi will be qualified in case of litigation.
21. Customers and complaints service
For the follow-up of the order and/or any question or possible complaint as for the conformity of the products delivered within the framework of the Service, the Purchaser can be addressed to the above-mentioned address.
The compromise proposals which could be formulated on a purely commercial basis will not be able, to in no case, interpreted like a renunciation of the present General Conditions of Sale.
22. Another
If a few conditions among the General Conditions of Sale described above are partly or entirely invalid or become so, the other conditions remain valid. The invalid condition is replaced by the legal regulation.
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