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27.10.2010
Hilra Tec & Sound - Ralph Hilgers : General terms and conditions (GTC) for online purchases and direct sales

Hilra Tec & Sound-Ralph Hilgers: General terms and conditions (GTC) for online purchases and direct sales

Version: 3.02/EWS-DV | April 2018

 

 

1. Cancellation policy

1.1
Consumers may cancel their contract with us at any time within 14 calendar days.  Cancellation must be in written form (e.g. a letter, fax or email). Customers do not need to give any reason for cancelling. The period of revocation shall be fourteen days from the date on which you or a third party you have named has taken possession of the goods. Right of cancellation within the cancellation period shall be lost once the goods have been used.  In addition, the goods must return to us in perfect original condition and original packaging. 

1.2
All that customers need to do to uphold the cancellation deadline is to send their cancellation punctually. Cancellations should be sent to:

Hilra Tec & Sound-Ralph Hilgers
Am Sonnenhang 9
4780 St. Vith
Belgium
Fax : +32 (0)80 221694
E-Mail :  
htsdrums.shop@gmail.com  OR   htscymbals.shop@gmail.com

You can use the enclosed contract cancellation formif you want, but this is not obligatory.

1.3
Once correct notification of cancellation has been given, any goods or payments received by either party are to be returned / refunded.

1.4
Goods capable of being sent by parcel post are to be sent back at the risk of HTS. Customers will be liable to pay for having the goods returned, insofar as the delivered goods correspond to those ordered. 
Any obligation to refund payments is to be fulfilled within 30 days; the period begins with respect to HTS's reimbursement obligation with the reception date of returned goods by HTS. 

 

2. General terms and conditions

2.1
Hilra Tec & Sound-Ralph Hilgers(hereinafter referred to as "HTS") offers products for sale on eBay's online marketplace and on its own webshop under www.hts-drums.comwww.hts-cymbals.com. The terms and conditions listed here apply to purchase contracts closed via this marketplace and this webshop.

2.2
In the sense of these Terms and Conditions the term "customer" refers to both consumers and business customers.

2.3
All not completed online purchases - thus purchases that are not covered   under point 2.1 - are subject to the direct sale (cash sale or stock sale). Direct sale is only available to a limited group of customers defined by HTS . In the direct sale there is only the possibility of collecting goods by the customer . No package delivery possible. The present General terms and conditions (GTC) are valid only in part for direct sales.

 

3. Conclusion of a purchase contract

3.1 On eBay

In accordance with standard eBay business practices, a contract brokered via the eBay online marketplace is concluded under the following terms:

3.1.1
When an article is put up for "online auction", the online availability of the web page containing the listing represents the binding offer substantiating any subsequent purchase contract. The purchase contract is concluded with the customer putting in the highest bid during the online auction and fulfilling any additional criteria imposed. The offer can be accepted within the individually set period of the online auction. This can only be done using the bidding function available on the eBay trading platform. By putting in a bid, the customer accepts the offer. The bid lapses once a third party puts in a higher bid in the course of the online auction. The period the online auction runs for is governed by "eBay official time". Once the individually set auction period has ended (or on any premature termination thereof), the contract is concluded with the customer with the highest bid. 

3.1.2
If an article is put up for "online auction" and additionally marked as a "Buy It Now" article with a fixed price, the contract with the customer is concluded independently of the end of the auction period and without an online auction being conducted once a customer has opted for the fixed price and fulfils any additional criteria stated in the offer. The purchase price is then the fixed price. In such a case, a purchase contract at the fixed price may be concluded as long as no offer has been submitted within the "online auction".

3.1.3
If an article is put up for sale solely at a fixed price, the online availability of the web page on eBay containing the listing represents the substantiating offer of any subsequent purchase contract on eBay. The contract with the customer is concluded immediately the customer fulfils the conditions stated in the offer and uses the fixed price option ("Buy It Now").

3.1.4
If an article is put up for sale at a fixed price and additionally marked with the "Best Offer" option, interested customers have the opportunity of making an offer at a price different to the one specified. In such a case, the proposal of the interested party represents a new offer of the interested party. This offer of the interested party is binding and can be accepted within 48 hours. If the proposed price of the interested party is accepted, the contract is concluded at the proposed price under application of any further terms set forth in the article's description. Should the proposed price of the interested party be rejected, and a counterproposal be made to the interested party and to any further parties, the latter price is binding and can be accepted by one of the interested parties within 48 hours.
In the course of any price negotiations, any listing originally having a fixed price remains valid - i.e. a contract is concluded with a third party independently of any such negotiations at the fixed price, should such a third party take advantage of the fixed price option before the end of negotiations.

3.2 On webshop under www.hts-drums.comwww.hts-cymbals.com

A contract brokered via the webshop under www.hts-drums.comwww.hts-cymbals.comis concluded under the following terms:

3.2.1
Here articles are only offered with fixed price.  Thus the online availability of the web page on www.hts-drums.comwww.hts-cymbals.comcontaining the listing represents the substantiating offer of any subsequent purchase contract.  The contract with the customer is concluded immediately the customer fulfils the conditions stated in the offer and uses the fixed price option.  This function can only be done when the customers confirms that he has read, understood and accepted the general terms and conditions (GTC).  A link to the GTC is offrered.

3.3 General note on the conclusion of a purchase contract

The purchase under a purchase contract agreement is allowed according the offered specific quantities, prices and item descriptions.
Reserved errors, spelling and printing mistakes.
If errors and mistakes as such should be proved, HTS reserves the right - even after having signed as sales contract - to inform the customer about this and to cancel unconditionally the purchase contract.  In this case can be asserted by the customer no rights.

 

4. Storage of contract texts

4.1 On eBay

Following the conclusion of a contract, the contract text is stored. It is available on the eBay website under the respective article number. You can use your browser's Print function to print out the relevant web page. As HTS has no influence over how long contracts are stored, customers are reminded that eBay terms and conditions state that members are responsible for archiving information available on the eBay website and stored by eBay on a storage medium independent of the website. Following the conclusion of the contract, customers will receive a written copy of contract terms together with these Terms and Conditions as part of order processing.

4.2 On webshop under www.hts-drums.comwww.hts-cymbals.com

The Contract text will be sent automatically by e-mail to customer after the purchase as purchase confirmation.  The customers are responsible themselves for archiving e-mails and information available on the www.hts-drums.comwww.hts-cymbals.comwebsite and stored by HTS on an independant storage medium.  Following the conclusion of the contract, customers will receive a written copy of contract terms together with a link to these General terms and conditions (GTC) as part of order processing.

5. Delivery and forwarding conditions

5.1
If agreement is reached with the customer to have the goods forwarded, forwarding is only done after payment has been made in advance (bank transfer or payment via PAYPAL in accordance with PAYPAL terms or any other by HTS proposed payment system, f.i. credit card). Goods are then forwarded to the delivery address supplied by the customer. It is not possible for customers to come and pick up the goods themselves for online purchases.

5.2
Forwarding of purchased goods is done within five working days of receipt of payment.

5.3
The customer is responsible for making sure that the delivery address provided is correct and complete. Should any additional forwarding costs arise through incomplete or incorrect address details, these are to be carried in full by the customer. If this requires goods to be re-forwarded at additional cost, forwarding shall only take place after receipt of these additional costs. Even if the purchase is cancelled, any such additional costs will be deducted from any refund made by HTS.

5.4
In dealings with business customers, the risk of accidental loss and accidental deterioration of the goods sold shall become the responsibility of said client or a person appointed to receive the goods at the time of handover and, where the contract involves the forwarding of goods, with the delivery of said goods to the convenient person entrusted with the forwarding.

5.5
In dealings with private customers, the risk of accidental loss and accidental deterioration of the goods sold shall become the responsibility of said client at the time of handover, and, where the contract involves the forwarding of goods, with the delivery of said goods to the forwarding company.

5.6
The handover is deemed to have taken place if the customer delays receipt.

5.7
Delivery of goods is done at the expense and risk of the purchaser, unless otherwise agreed. Insurance, liability, tracking and issue of a shipping receipt only upon written request and at the cost (by supplement) of the buyer BEFORE payment.

5.8
In the event of delivery not being able to take place due to force majeureor other disruptive events out of our control (e.g. strikes, extreme weather conditions, natural disasters, war, revolution, terror attacks, etc.), delivery deadlines shall be extended accordingly, with HTS exempted from its delivery obligation for the duration of such disruption.

5.9
Deliveries may be held back as long as any outstanding payment obligations from the present transaction remain unpaid.

5.10
A shipment of the goods shall be done exclusively in the following countries : Belgium, Netherlands, Luxembourg, Germany, France and Austria, unless otherwise expressly defined.  We deliver - even within these countries - not on islands and not overseas.  It is not possible for customers to come and pick up the goods themselves.

5.11
For payments via PAYPAL always the PAYPAL deposited buyer shipping address applies for us. The buyer has to pay its own full responsibility BEFORE the purchase that the stored delivery address communicated by PAYPAL is absolutely identical with eBay or webshop delivery address. HTS is not obliged to ask when there are different delivery address informations. Different delivery addresses are - in the event of a complaint - automatically considered to be incomplete or incorrect address details under application of clause 5.3.

5.12
PAYPAL payments will be accepted by us only when the customer then also decides for shipping service with tracking or registered mail, with the corresponding cost mark-ups if applicable. For all other shipping methods only advance payment not done via PAYPAL accepted by us. In our online shop at www.hts-drums.comwww.hts-cymbals.comPAYPAL payments are automatically shipped with tracking or registered mail from our side. If you buy through eBay, the buyer is responsible for the selection of shipping and payment at checkout.   

 

6. Prices, terms of payment and consequences of default of payment

6.1
The prices stated in the listings are gross prices - i.e. they contain all price components including taxes applicable under Belgian legislation. Where cross-border deliveries are involved, additional taxes and/or levies (e.g. customs duties) may have to be paid by the customer.

6.2
Unless expressly agreed otherwise, delivery, forwarding and packaging costs come on top of purchase prices. When goods are forwarded, either in Belgium or abroad, additional delivery, forwarding and packaging costs are incurred. Their amount is dependent on the details contained in the actual offer.  Assembly is never included and will not be offered in online sales.

6.3
Where advance payment has been agreed, the costumer undertakes to pay without deduction the purchase price and any additional delivery, forwarding and packaging costs within 4 days of receipt of the request for payment.

6.4
The customer shall only be entitled to exercise a retention right inasmuch as any counterclaim relates to the same contract.

6.5
Material not being on stock - and therefore specially ordered at the customer's demand - must be paid plus the cost of procurement for packaging and transportation and is not returnable; the return and the complete or partial refund are excluded.  The same goes for price reduced products such as for discounts, promotions, sale items, exhibits, B-stock, goods with proven damage or quality defects ....
If so agreed between the parties  before ordering, a deposit of pre-defined amount is payable by the customer. The balance must be paid in cash before delivery of the goods, unless otherwise agreed in writing.

6.6
Coupons and gift vouchers are payable in cash when they were issued. They are valid from date of issue for a maximum of 12 months after which they automatically expire without entitlement to full or partial refund. In no case the coupons are payable in cash, completely or partial. In business resolution all coupons and vouchers expire automatically without any form of refund. Lost coupons and vouchers will not be replaced or refunded by us. Vouchers are only valid and redeemable in their original form, dated and authenticated by us with signature and stamp.

 

7. Retention of title

7.1
HTS shall retain title of the goods sold until full payment of the purchase price has been received.

7.2
The customer undertakes to handle goods subject to retention of title with due care and to avoid damage of any kind to them.

7.3
During the period of retention of title, the customer undertakes to immediately inform HTS of any third-party claim on the goods (for example in the case of any garnishment) or of any damages or destructions of the goods and to provide all information and documentation necessary for establishing the rights of the owner. Third parties are to be informed that the goods belong to someone else. The customer is to inform HTS immediately of any change of ownership of goods subject to retention of title or of any change of address during the period of retention of title.

7.4
In the case of behaviour by the customer contravening the terms of the contract, e.g. default of payment or violation of one of the obligations mentioned under Clauses 7.2 and/or 7.3, HTS shall be entitled to withdraw from the contract and demand surrender of the sold goods.

 

8. Notification of damage incurred during transport

HTS will support customers to the best of its abilities when damage is incurred during transport, inasmuch as such claims are invoked against the transport company or the company insuring the transport.  Goods are handed over to the transport company by HTS for forwarding in perfect condition and packaged in accordance with the best trade standards.

8.1
The customer undertakes to check the delivered goods and their packaging. Should any transport damage be evident from the outside, a customer still accepting delivery undertakes to list the damage on the delivery documents on acceptance of the delivery and to have such countersigned by the delivering person.  In such cases, the packaging is to be kept, together with the countersigned documents on which the transport damage has been listed.  The customer is obliged to inform HTS in writing of such damage within three days of delivery of the goods.

8.2
Should the (partial) loss or damage of the goods not be evident from the outside, the customer is obliged to notify HTS ANDthe transport company of such within three days of receipt, so that any claims against the transport company can be invoked within due time.  The shipment must be held unchanged and in its original packaging until a person appointed by the delivering company has inspected and certified the state of the shipment.

8.3
All customer rights, in particular their rights in the case of defects to goods, remain unaffected by the provisions of Clauses 8.1 and 8.2 of these Terms and Conditions.

8.4
Transport damage does not release the purchaser from his payment obligation.

8.5
If a written complaint is not made in due time, no warranty claims can be made.

 

9. Warranty

All warranty claims are to be submitted immediately and in writing to HTS at the address listed at the end of these Terms and Conditions. If a written complaint is not made in due time, no warranty claim can be made. In addition, the following warranty conditions apply:

9.1
The handing over of the packaged goods to the initial forwarding company or collector is deemed to be proof that the right amount of goods is being sent and that their packaging is in perfect order.

9.2
As regards the quality of the goods, this is based solely on the manufacturer's product description.

9.3
This warranty shall not extend to normal wear and tear, or to any damage attributable to inappropriate handling, storage or installation, disregard for handling instructions, excessive use, purchase of unmatched quality material for a specific purpose (for ex. unadjusted thin cymbal quality in demanding expressive music styles), transport damage after first delivery or to a lack of care and maintenance, incurred after transfer of risk.  The same applies to so-called intentional wear and tear.

9.4
As drums and percussion instruments are articles with generally very high use-related wear, the warranty on drums, percussion instruments, as well as on their accessories, is limited as follows:

There is a 2-year warranty on the function of the instruments.

For Turkish Cymbals-cymbals in general, the following applies, taking account of paragraph 9.3:

  • 2-year manufacturer's warranty on Ride and Hi-Hat Cymbals;
  • 1-year manufacturer's warranty on Crash Cymbals;
  • No manufacturer's warranty on Splash Cymbals or others.

No warranty is given on parts typically subjected to heavy wear and tear during normal use and therefore either needing to be regularly replaced or otherwise inevitably showing signs of heavy wear and tear. This is particularly the case with regard to drum heads, plating, pedal beaters, springs, chains, snare wires and clamps, drumsticks, mallets, timbales, rods, brushes and all sorts of hand and drum percussion instruments.

9.5
A warranty claim can only be accepted by HTS when a justified defect is involved and the original invoice and the original goods are presented. Is there on the original invoice, a serial no. noted, the rejected goods must necessarily be (valid only in combination with the original HTS logo stamp) provided with the identical serial number (original nameplate) or the original stamping number.  A warranty claim relates only to the product itself, any applicable charges (transport, ...) shall be borne by the customer.  If replacement goods awarded on any legitimate warranty claim or a gesture of goodwill, the defective goods will be retained in each case by us.

9.6
The right of withdrawal is ruled out if the defect is minor or the deviation from the agreed specifications negligible.

9.7
In accordance with statutory provisions, a customer having received faulty goods is at first only entitled to subsequent fulfilment.

9.7.1
A consumer may choose either to have the faulty articles repaired or replaced. HTS is however entitled to refuse the method of subsequent fulfilment selected by the customer, should this only be possible at disproportionate cost and should the other method of subsequent fulfilment not lead to any major disadvantages for the private customer.

9.7.2
With regard to business customers, HTS shall choose which method of subsequent fulfilment (repair or replacement) be used to remedy the defect.

9.8
Should subsequent fulfilment be unsuccessful, the customer, in accordance with statutory provisions, shall be entitled to choose between a reduction in the purchase price, withdrawal from the contract, compensation, or reimbursement for wasted expenditure. Should the customer opt for compensation, the limitations to liability as set forth in Section 10 of these Terms and Conditions shall apply.

9.9
For new items, the limitation period for the rights of a consumer on defects that arise within two years of delivery, is one year after the defects have become known to said customer, insofar as such limitation period does not end before the end of the above 2-year period. The limitation period for the rights of a business customer is one year after delivery of the goods. Those relaxations of the limitation provisions in connection with the above periods do not apply insofar as HTS is liable under Section 10 of these Terms and Conditions or where the ownership rights (rights in rem) of a third party are involved, under which the surrender of the delivered goods can be demanded.

9.10
There is no warranty for obvious defects for business customers once the goods have been received. In addition, business customers must inform HTS under the above-listed contact details of obvious defects within a period of two weeks of the goods ; otherwise no warranty claim can be made. To meet the deadline, all that is needed is the timely dispatch of the notification of the defect.

9.11
Handmade items (such as for ex. traditional, individually and by hand produced cymbals , ...) are unique and can therefore differ visually from the presented picture. These unique pieces are both visually and acoustically never identical. Such traditional hand made items can also have  optical, production-related features, such as stains, irregularities, ... .  This uniqueness associated with specific properties is excluded from complaints and can never be a reason for a complaint or a warranty claim.  There is no warranty for this claim and the goods can not be taken back for these reasons or partly or full cost refund.

9.12
In the commercial temporary transfer of goods by the buyer to third parties (for ex. backline service, material rental, music instruments rental, rental, studio use, …) stops the warranty, unless expressly otherwise agreed in written contract between buyer and seller directly per defined item.

 

10. Liability

10.1
In accordance with the statutory provisions, HTS shall be liable without limitation for damage to life, body, and health attributable to the negligent or deliberate violation of duty, as well as for all other damage attributable to intentional or grossly negligent violation of duty or to malice. In addition, HTS shall be liable without limitation for any damage falling under statutory liability regulations, such as the Product Liability Act, or in the case of the taking over of guarantees.

10.2
HTS shall also be liable for damage other than that covered by 10.1 caused by simple negligence inasmuch as this negligence is attributable to the violation of such contractual obligations whose fulfilment enables the contract to be carried out in the first place and whose adherence to is of particular importance to the customer (cardinal obligation). In such cases, HTS shall, however, be liable only for predictable damage that is typical for such contracts.

10.3
In the case of the simple, negligent violation of such contractual obligations not covered by 10.1 and 10.2 (insignificant contractual obligations) HTS shall be liable to private customers for predictable damage that is typical for such contracts.

10.4
All further liability is ruled out.

11. Closing conditions

11.1
Belgian legislation shall apply.

11.2
The United Nations Convention on Contracts for the international Sale of Goods shall not apply.

11.3
4780 St. Vith / Belgium is deemed to be the applicable place of performance for both purchaser and seller.

11.4 
The place of jurisdiction for all legal disputes arising from this contract is the place of our registered office.

Hilra Tec & Sound-Ralph Hilgers

represented by its owner Mr. Ralph Hilgers
Am Sonnenhang 9
4780 St. Vith
Belgium

Fax : +32 (0)80 221694
E-Mail : htsdrums.shop@gmail.comorhtscymbals.shop@gmail.com
VAT-Id. : BE 0543.345.203

Company No. : 0543.345.203
Commercial court : RJP Eupen / Belgium

The seller is free to refer disputes to another court with a competence defined in law.

 

12. Privacy Policy
      in relation to European General Data Protection Regulation (EU-GDPR)

 

Log file entries

Every time a website is visited, entries are created in the so-called log files, whereby data about the respective surfing behavior of the user is registered.
This data is not used to personally identify the website user, but is used for an anonymous evaluation of the use of a homepage. The data collected by the user will never be merged with the personal data stored by us.
This data is not used by us and is unknown to us beyond that.
By using our websites and the use of social media, the surfer agrees to the storage of this data; we do not have any influence on this storage.

 

Use of personal data

Personal data of our customers and business partners are collected, stored and processed to ensure correct order processing in purchasing or sales, to enable subsequent warranties, services and technical administration, as well as for our own marketing purposes.
We treat your data confidentially and with the most of care. They are located exclusively in the EU, are password protected and the original data as well as the data backup are safe from access by third parties.
You can rest assured that your personal information will be used and stored only internally for contract and billing purposes, and externally for payment processing, to ship the goods by post or parcel service, and only to communicate important information to our existing customers and business partners to maintain existing  business relationship (eg change of address, change of email address, change of phone numbers, changed or new website links, ...).
As part of the order processing for example, the service providers we use here, such as transporters, logisticians, banks ... receive the necessary data for order and order processing. The data transmitted in this way may only be used by our service providers to fulfill their task. Any other use of the information is not permitted.
A deletion of your personal data takes place - as far as legal storage requirements do not conflict with this - if you have asserted a written cancellation claim and if the data is no longer necessary to fulfill the purpose of the storage or if its storage is inadmissible for other legal reasons.
A change of your personal data is possible at any time by a simple info to us, e.g. at https://www.hts-cymbals.com/contact . 

 

Use of social media: facebook

Both via our web pages you can log in our facebook page by pressing the facebook button as well as by the direct input of our facebook address via your browser. The social network facebook.com of Facebook Inc. collects and stores data on their servers about your surfing behavior or "like" information or about comments that you may enter. For the purpose and scope of this data collection and the further processing and use of this data by Facebook as well as your related rights and settings options for the protection of your privacy, please refer to the privacy policy of Facebook.

 

Use of external online sales platforms: eBay

Both via our website you can log in our eBay shop by pressing the eBay button as well as the direct input of our eBay store address in your browser. The online sales platform ebay.com of eBay Inc. as well as all their local country platforms and companies (eg ebay.be, ebay.de, ebay.fr, ...) collect and store data on their servers about your surfing behavior, purchasing behavior, on purchase transactions as well as personal data, means of payment and payment data. For the purpose and scope of this data collection and the further processing and use of this data by eBay as well as your related rights and settings options for the protection of your privacy, please refer to the privacy policy of eBay.

 

Use of external payment services: PayPal and Mollie

Payments can be made by bank transfer in a conventional way by using our bank account or by using online payment services like PayPal or Mollie to which we are affiliated. Enrolling in these payment services is therefore not obligatory for you as a customer to deal with us and is a voluntary decision of the customer to use it. The online payment services at paypal.com of PayPal Inc. and mollie.com of Mollie B.V. collect and store data on their servers about your purchasing behaviour, about purchase transactions as well as personal data, means of payment and payment data. For the purpose and scope of this data collection and the further processing and use of this data by PayPal and Mollie, as well as your rights in this regard and setting options to protect your privacy, please refer to the privacy policy of PayPal and Mollie.


Use of parcel services for the dispatch of goods: bpost and DHL Germany

Shipments are offered by us only within the European Monetary Union. Within Belgium, the delivery is usually done via the Belgian Post by bpost, outside Belgium, this is usually done by the DHL parcel service by the DHL Paket GmbH. Your personal data will not be digitally transmitted from us to bpost at the moment, but only noted manually on a parcel label. Data storage does not take place here right now. To DHL Paket GmbH we will transmit your personal data digitally in the form of name, address and - where applicable or necessary - your telephone number insofar as requested by DHL for delivery and exclusively for the purpose of your parcel delivery. Your personal data are therefore stored on the servers of DHL Paket GmbH. For the purpose and scope of the data collection and the further processing and use of data by bpost and DHL Paket GmbH as well as your rights and options to protect your privacy, please refer to the privacy policy of bpost on bpost.be and DHL Paket GmbH on dhl.de.

 

 

Advertising and Newsletter

We will never send you advertising directly and you will only receive the newsletter if you have explicitly registered for it by yourself.
You can unsubscribe from the newsletter at any time for free.
All that is needed is a simple info to us, e.g. by email to: http://www.hts-drums.com/cms/index.php?article_id=26&clang=3 .

 

Restriction and consent

Beyond the previously described scope of this Privacy Policy, we will not share, sell or otherwise market your personal information to third parties.
By using our services, websites and shops, sales and communication platforms, social networks or by your purchase, including all payment services, you unconditionally accept this statement and agreement.
We would like to point out that internet-based data transmission and digital data storage always and everywhere have a certain degree of security risk. Complete protection against illegal access by third parties, e.g. hackers, is absolutely impossible.  

 

 

13. Sustainability - respect for the environment

HTS attempts wherever possible to use environmental-friendly, recycled and recyclable packaging materials – for the sake of our environment.

 

14. Special definitions for direct sales (according to section 2.3)

14.1
Our invoices are payable immediately upon receipt.

14.2
The invoice amount is payable without deduction or discount.

14.3
Any complaint regarding an invoice must be submitted immediately and in writing within 8 days after the invoice date.

14.4
Any delay in payment will be charged legally binding and without reminder with liquidated damages of 10% of the bill, with a minimum of 25,00 €.

14.5
For any unpaid sum, after notice by registered mail, default interest at a rate of 10% per annum with a minimum of 50,00 €, and this from the invoice date.

14.6
For all disputes shall apply solely to the jurisdiction of Eupen / Belgium, if not stated otherwise under section 11.

14.7
In direct sales the delivery date of goods is equal delivery to the customer and the invoice date.

14.8
For direct sales paragraphs of present General terms and conditions (GTC) are only valid to a limited extent. All sections are in effect with exception of the following that are NOT valid:

Section 1 and all its sub-items
Section 2.1
Section 3 and all its sub-items
Section 4 and all its sub-items
Section 5 and all its sub-items
Section 6.1 and 6.2 and 6.3
Section 8 and all its sub-items
Section 13

14.9
All prices are pickup prices without installation/assembly. Installation/Assembly, if required, is billed separately.

14.10
Prices offers are valid for max. 6 weeks from the offer date, unless explicitly stated otherwise.

 

15. Language of the original Terms and Conditions

The German version is defined as the original version of General terms and conditons (GTC).  The versions in FR / NL / EN are only foreign language translations of the same. In any cases of doubt or erroneous translation formulations always the German version is valid as the only one.

 

16. Mandatory information according to EU Regulation No. 524/2013 of the European Parliament and Council

Platform for online dispute resolution (ODR) of the European Commission: 

ec.europa.eu/consumers/odr/