1.1 These general conditions of sale are concluded on the one hand, between the company LA BOITE A MUSIQUE S.A. with its registered office at 1000 Brussels, 74 Coudenberg registered with the Crossroads Bank for Enterprises under number 0446,216,430 below referred to as “Seller” and secondly, any person or entity wishing to make a purchase via the Website www.laboiteamusique.eu hereafter “Buyer”.
The seller and buyer together are being referred to hereinafter as “the Parties”.
1.2 The seller sells CDs, DVDs and /or other media subject to availability.
1.3 By placing an order, the purchaser expressly acknowledges having read these terms and conditions and to have accepted them.
1.4 The general conditions applicable are those in effect on the date of the order by the buyer.
These terms define the obligations of the contracting parties on the occasion of sales made on www.laboiteamusique.eu. Any deviations from or additions to these terms require express written consent.
The buyer may also order:
- By phone: +32 (0) 2 5130965 (standard rate)
- By fax: +32 (0) 2 5142194 (standard rate)
- By mail: la Boîte à Musique SA, Coudenberg 74, BE 1000 Brussels (Belgium)
For more details on placing orders, see: How to Order.
Orders are processed upon receipt of payment or acceptance of payment by the credit agency for credit card payments.
An order may be canceled or denied if there is an ongoing dispute with the buyer about the payment of an earlier made order.
The products offered are those listed in the catalog published on the Website of La Boîte à Musique at www.laboiteamusique.eu.
Each product is represented according to the information provided by the publisher. La Boîte à Musique can not be held responsible for any errors on the product.
Some products are usually accompanied by a short descriptive text, included only for information purposes. This text may not engage our responsibility of the buyer.
The prices listed on www.laboiteamusique.eu are in euros including tax, excluding shipping costs.
La Boîte à Musique reserves the right to change prices at any time, except that the price listed on the day of the order shall be applicable only to the buyer.
Shipping costs are added to the total amount of the order before the buyer completes the order.
Unless otherwise agreed, delivery times are given for information only and any delay may not result in the cancellation of the order or any compensation.
The products are offered subject to availability from our various suppliers. If a product is not in stock in our store, it is ordered from our suppliers upon receipt of a customer order. La Boîte à Musique will not be held accountable for late deliveries or loss or damage relating to late deliveries of these products by our suppliers.
If some products are unavailable at time of order processing, la Boîte à Musique reserves the right to make a partial delivery.
The goods are shipped by means of our choice unless otherwise agreed in writing.
The goods travel at risk and responsibility of the buyer.
6. RETENTION OF TITLE
Without prejudice to Article 5 the goods remain the property of the seller until full payment has been received by the seller.
7.1 Payments will be made net in EURO to our head office and without discount.
The invoices are payable at the latest within eight days of their issue. They are generating interest without formal notice, on the expiration date, at an interest rate applied by the European Central Bank on its main refinancing operations, plus eight percentage points and rounded upwards to a half point percentage. The stipulation of the payment of interest does not impair the enforceability of the terms of payment at the time of expiration.
7.2 Invoices are deemed to be accepted if no complaint has been formulated by the buyer by mail within eight days of receipt.
7.3 Any invoice unpaid on its due date shall be automatically and without prior formal notice increased by an additional fixed indemnity of 15% with a minimum of € 50.
All products sold are new and are guaranteed against defects at the time of shipment.
The products are expected to be approved by the purchaser eight calendar days at the latest after delivery, unless precise and detailed claims that he is required to notify by registered mail before the expiry of this deadline.
The approval covers all apparent defects and lack of conformity, that is to say those that were possible to identify for the buyer at the time of delivery or within eight calendar days after careful and serious control.
In case of non-compliance of a sold product (defective, damaged or does not correspond with the order of the buyer), we undertake to exchange it. Our warranty is limited to replacement of defective goods. In no case they will be refunded. The purchaser must return at his own expense and risk the defective goods to our address so that we can proceed with its replacement. We will compensate the shipping fee to the buyer if the goods to which the guarantee applies are revealed to be actually defective.
9. RIGHT OF WITHDRAWAL
The client has the right to notify the seller that he renounces the purchase without penalty and without giving reasons, within 14 calendar days from the day following the day of delivery of the goods.
The right of withdrawal may be exercised only if the products (audio or video recordings) are still in the original packaging, that is to say the shrinkwrap is not removed by the buyer.
If the withdrawal conditions are met by the buyer, la Boîte à Musique will, to the exception of shipping costs, refund within 14 days of the shipment of the products by the purchaser. The buyer always pays for return shipping. No sending in against-refunding will be accepted, whatever the reason.
Before shipment, the buyer must contact our customer service to obtain a return authorization:
- By e-mail, in writing, to firstname.lastname@example.org and indicating purpose: “withdrawal” followed by the order number.
- By mail, in writing, to La Boîte à Musique, Customer Service, Coudenberg 74-1000 Brussels (Belgium) and indicating purpose: “withdrawal” followed by the order number.
- By telephone at +32 (0) 2 5130965 (standard rate)
After receiving the RMA, the products are to be returned to the following address: la Boîte à Musique, Customer Service, Coudenberg 74-1000 Brussels (Belgium)
The seller, in the online sales process, is bound by an obligation of means. He can not be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, break service, or other unintended problems.
The products sold on the website www.laboiteamusique.eu meet the Belgian legislation. La Boîte à Musique is liable if the product sold does not comply with the legislation of the country of delivery. The buyer is required to notify local authorities if he has the right to import and use the products he ordered.
In case of force majeure, la Boîte à Musique can not be held responsible for breach of this contract.
The invalidity or unenforceability of any provisions of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service, which shall remain in full force and effect.
12. APPLICABLE LAW AND JURISDICTION
The terms of service are governed by Belgian law. Any invalid clause shall be replaced by the respective legislative provision. For disputes arising out of these terms of service, the place of jurisdiction shall be Brussels, Belgium. The French version of the Terms of Service will always be used as the reference text in case of a dispute.