General terms and conditions
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These Terms and Conditions
(1) This website (the "Site") and/or the services, including all mobile applications connected to it (collectively the "Services") and any offer or sale of products (the "Products") through the Site, are owned and operated by A.Theunis Maître Luthier SPRL hereinafter also referred to as "we", "us" or "our". These Terms and Conditions set forth the terms and conditions under which visitors or users may visit or use the Site and/or Services and purchase Products.
(2) By accessing or using the Services, you acknowledge that you have read and agree to these Terms and Conditions and agree to be bound by them. If you do not accept all of the Terms, you may not access the Site or use any of the Services. Please read these Terms carefully before accessing or using the Site or Services or purchasing Products. In these Terms, you will find out who we are, how we sell our Products to you, how you can terminate the purchase agreement, and what you can do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parent or legal guardian.
This site is hosted by Wix.com.
These Terms are provided in French language. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.
To use our Site and/or enjoy our Services, you must be at least [add number] years of age, or have reached the legal age of majority in your country, and have the legal authority, right and power to execute these Terms as a binding agreement. You may not use this Site and/or use our Services if such use is prohibited in your country, or by any law or regulation applicable to you.
In addition, before placing and confirming an order, you must read and accept these Terms.
You may download and print these Terms.
Description of the Products
You must read the description of the Services and/or Products carefully before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the French Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Products and/or Services are provided for information purposes only and are not binding on us.
We invite you to refer to the information and instructions for use that appear on the packaging, labels and accompanying documents. We cannot be held liable for any damage resulting from failure to comply with these instructions for use of the Products and/or Services provided on our website.
Purchase of Products
Any purchase of Products is subject to the Terms and Conditions applicable at the time of such purchase.
(2) Upon purchase of a Product : (i) it is your responsibility to read the full list of items before committing to purchase them; and (ii) placing an order on the Site (by completing the payment process by pressing the "Buy" or similar button) may result in a legally binding contract for the purchase of the relevant Product, unless otherwise specified in these Terms.
(3) You may choose from our selection of Products and place the products you intend to purchase in a shopping cart by clicking on the corresponding button. The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur at any time. These changes do not affect the price of Products that you have previously purchased. Upon payment, you will be presented with a summary of all the Products that you have placed in your basket. This summary includes the essential characteristics of each Product as well as the total price of all Products, the applicable value added tax (VAT) and shipping costs, as the case may be. The payment page also gives you the possibility to check and, if necessary, to modify or withdraw Products, or to change quantities. If necessary, you can also identify and correct input errors by using the edit function before making your order definitively binding. Any delivery period indicated applies from receipt of your payment of the purchase price. By pressing the "Buy" button, you place a binding order to purchase the advertised Products at the price and with the shipping costs indicated. To complete the order process by clicking on the "Buy" button, you must first accept these Terms as legally binding for your order by ticking the corresponding box.
(4) The legally binding contract for the purchase of the Products is only concluded when we send you a notice of acceptance by e-mail or deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately after submission of your order (for example, an electronic money transfer, or instant bank transfer via PayPal, or other similar payment method). In this case, the legally binding agreement is concluded when you complete the ordering process, as described above, by pressing the "Buy" button.
(5) You can save your preferred method of payment for later use. In this case, we will keep your payment details in accordance with the applicable standards in our industry (e.g. PCI DSS). You will be able to identify your stored card by its last four digits.
Refund and return policy
You have the right to withdraw without giving any reason for 14 days from receipt of the Product or from the date you signed the contract for the provision of services.
To exercise your right of withdrawal, you must notify us of your decision by e-mail to violons.eu@gmail.com. You must return the Products as soon as possible, in any case within 14 days of notification of your withdrawal. Upon receipt of the Product, we will proceed to a full refund within 14 days, except for the return costs, which will remain at your expense.
Intellectual Property
(1) Our Services and related content (and any derivative works or enhancements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned by or licensed to us (collectively, "Our Intellectual Property"), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly provided herein or as required by mandatory provisions of applicable law for use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these terms are expressly reserved.
Disclaimer of Warranty for Use of the Site and Services
The Services, Our intellectual property and all documents, information and content provided in connection therewith that are made available to any user free of charge are provided "as is" and "as available" without any warranty of any kind, express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the safety, reliability, timeliness, accuracy or performance of our services, except in the case of malicious non-disclosure of defects. We do not warrant that our free Services will be provided without interruption or error, or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty for Products you have purchased from us, as set out in the "Product Warranty" section above, will not be affected.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including without limitation any use that violates the limitations and requirements set forth in these Terms, unless such circumstances are not caused by your fault.
Limitation of Liability
To the fullest extent permitted by applicable law, we disclaim any and all liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, and any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use, or the results of the use of this Site, (iii) any websites linked to this Site or the materials on such linked websites.
We shall not be liable for any delay or failure to comply with our obligations under these Terms if such delay or failure results from a cause beyond our control and/or a case of force majeure within the meaning of Article 1216 of the French Civil Code.
Modification of the Conditions or Services; interruption
(1) We reserve the right to amend these Terms and Conditions from time to time as necessary in our sole discretion. You should therefore review them regularly. If we substantially modify these Terms, we will notify you that substantial changes have been made. Your continued use of the Site or our Service following any such change will constitute your acceptance of the new Terms. If you do not accept any of these Terms or any future version of the Terms, do not access or use the Site or the Service.
We may change the Services, discontinue providing the Services or any features of the Services that we offer, or create limits on the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason without liability. We will give you reasonable notice if it is practicable in the given circumstances and we will reasonably take into account your legitimate interests in taking such action.
Links to Third Party Sites
The Services may include links that cause you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided solely as a convenience to you. If we provide links to other websites it does not mean that we endorse their owners or their content.
Applicable law
These Terms shall be governed by and construed in accordance with the laws of Belgium, excluding its conflict of law rules.
If you wish to draw our attention to a subject, a complaint or a question concerning our site, please contact us: violons.eu@gmail.com.
If, after contacting us, you feel that the problem is not resolved, you will have the right to resort to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. of the French Consumer Code. To submit your request to the consumer mediator, fill out the online dispute resolution form available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Miscellaneous
(1) No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
(2) The section titles used in these Terms are for convenience only and have no legal substance.
Unless otherwise specified, if any part of these Terms is held to be illegal or unenforceable for any reason, it is agreed that such part of these Terms will be deleted, the remaining terms of these Terms will not be affected and will remain in full force and effect.
By accepting the Terms, you agree not to dispute the evidentiary value of documents exchanged via the Site, based on their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.
Your acceptance of the Terms is deemed to be an agreement of proof, within the meaning of Article 1368 of the Civil Code.
(4) You may not assign your agreement with us under these Terms, nor your rights or obligations hereunder, in whole or in part, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the Services and the sale of the Products.
(6) The provisions of these Terms, which by their nature must survive any action by us, will survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, limitations of liability and this "Miscellaneous" section.