The website https://imainamusic.be (hereinafter the “Website”) is an initiative of IMAINA, member of the cooperative SMART asbl, rue Coenraets 72 – 1060 Brussels (Belgium), VAT BE0896.755.397
1. SCOPE OF THE TERMS AND CONDITIONS:
1.1. The present Sales Terms and Conditions (hereinafter the “Terms”) describe the reciprocal rights and obligations applying the sale(s) conducted on the Website between any user (hereinafter the “Client”) and IMAINA (hereinafter the “Vendor”) (collectively designated as “The Parties”)
1.2. The Terms express the entirety of the Parties’ rights and obligations. The Client accepts these Terms without reservation, such acceptance being conditional for the validity of any order or sale through the Website.
1.3. The Vendor reserves the right to modify the Terms punctually. Any modification shall be applicable to all sales after their disclosure on the Website.
2. MARKET PLACE
2.1. Through the intermediary of the Website, the Vendor provides to the Client a marketplace displaying the products and services for sale, with the greatest accuracy and information possible. 2.2. The Vendor must provide clear pre-contractual and commercial information about the products in a clear and complete manner as well as its identity in accordance with the rules of e-commerce of the Belgian Economic Code.
2.3. The Vendor acknowledges that the products displayed for sale represents an offer to sell which can be accepted by the Client.
2.4. All products are proposed in the limits of their stock and their availability, to the discretion of the Vendor. The price and applicable taxes are mentioned on the Website in the marketplace section.
3. ORDERING ON THE WEBSITE
3.1. The Client must fulfil an online registration form (hereinafter the “Form”) prior to the order of products. The Client shall provide all mandatory information and is responsible for the exactitude of all information provided in the Form. Upon the fulfilment of the Form, the Client accepts the price and the description of the products he/she purchases.
3.2. For the order to be valid, the Client shall accept the present Terms by cliquing the “Confirm” button at the indicated place on the Website.
4. PRICE AND PAYMENT
4.1. The Vendor reserves the right to modify the prices of the products at any time and to its own discretion upon their publication on the Website.
4.2. All prices are displayed in EURO and are inclusive of VAT but excusive of shipping costs, which shall be indicated and invoiced as a complementary cost prior to the confirmation of order to the Client. The Client is responsible for any shipping costs unless otherwise mutually agreed by the Client and the Vendor.
4.3. The total Price of the order (VAT included) and, where applicable, the delivery costs shall be disclosed to the Client prior to the confirmation of order.
4.4. Payment for the products must be made in advance. The Client will be charged when the Parties enter into a contract for the purchase of any products. Payments must be made in EURO. 4.5. The Client executes the payment at the time of the final validation of the order and according to one of the means of payment proposed on the website by the Vendor. The confirmation of order by the Client is considered as the Client’s signature to the sale contract.
4.6. The Vendor may, at any point in time and upon its sole discretion, suspend and/or cancel any transaction and/or requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to the Vendor and/or any user or third party.
4.7. The Vendor reserves the right to cancel or suspend any order from a Client which is liable for a previous order’s payment or in case of a notice of refusal of payment from the banking operator of the Client.
5. CONFIRMATION OF ORDER
5.1. Upon a notice of the validation of payment, the Vendor provides the Client a confirmation of order in a reasonable delay.
6. SHIPPING SERVICES
6.1. The Vendor proceeds to the shipping upon the confirmation of payment by the banking operator of the Client.
6.2. The Vendor is responsible for shipping the order to the Client and is bound to communicate a pricing to the Client upon the notification of purchase.
6.3. The Vendor shall send the Products as soon as possible, but in any event within 7 (seven) days from the day following the day on which the confirmation of order is sent, to the address indicated by the Client, provided that the total Purchase Price has been received by the Vendor, unless a longer delivery time has been agreed upon between the parties.
6.4. The Vendor is bound to communicate in a clear and complete manner if any shipping restrictions apply to some of the products.
7. RETURNS AND EXCHANGES
7.1. If the Client wants to cancel his/her purchase, the Client must do so within fourteen (14) calendar days upon the day of delivery of the order. The Client must notify the Vendor in writing of his/her decision to cancel the purchase, by e-mail, at the following address : email@example.com.
7.2. The cancellation rights will not apply to the applicable legal exceptions pursuant to the belgian Code of Economic Rights.
7.3. The Vendor has fourteen (14) days from the date of the Client’s notification to give the Client a full refund. However, the Vendor is entitled to wait until he/she receives the returned products at the belgian address notified to the Client.
7.4. All products to be returned or exchanged must be returned to the Vendor in integrality and in their original sealed package. The Client is responsible for all shipping costs arising from the return of the products.
8. FORCE MAJEURE
8.1. The Vendor shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances, the Vendor shall be entitled to a reasonable extension period to perform such obligations.
8.2. If the circumstances of force majeure last for more than ninety (90) days, both Parties are entitled to cancel the contract by a registered letter sent to the other Party. All obligations already performed by the Vendor shall still be due proportionately by the Client.
9.1. The Vendor warrants that all products shall be conform to the contract pursuant to the laws applicable at the time of conclusion of the sale contract.
9.2. If the Client is a consumer, the Client benefits from a delay of two (2) years after the delivery of the products to execute the warranty period of conformity of the products. Nevertheless, if the products are second-hand products, the warranty period shall be of one (1) year.
9.3. Any default of conformity shall be brought to the attention of the Vendor in a reasonable delay, after the discovery of such default by the Client.
10. APPLICABLE LAW
10.1. These Terms are governed by Belgian Law.
10.2. In the event of a dispute between the Parties relating to the validity, interpretation, or execution of these Terms, only the Courts of Brussels will be competent, and the dispute shall be subject to Belgian Law.