Terms of Sales
Last update: 04/15/2023
These General Terms and Conditions of Sale (GTC) apply to all sales concluded by Hansen Gestion SPRL, whose registered office is located at 183 rue Edith Cavell - 1180 Uccle and registered at the Banque Carrefour des Entreprises under number BE0546. 737.233
Hereinafter referred to as the "Seller";
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They apply to individuals and professionals (the "Customer") wishing to acquire the products offered for sale by the Seller on its website (the "Products").
Changes to these General Terms and Conditions of Sale apply to Customers who use the website www.musicshopcavell.be (the "Site") from the time they are put online and cannot apply to transactions concluded previously.
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Under no circumstances can the services offered by our partner IMAGENIE ASBL, available in the "COURSES" tab of this Site, be considered as affected by these General Conditions. These services are offered by a third party independent of any authority of the Seller.
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1. Products
The main characteristics of the Products are presented on the Site. The Customer will always be aware of this before placing an order, as well as the expected delivery times.
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The Seller is available to the Customer for any questions or clarifications concerning the characteristics of the Products.
The images presented on the Site are not contractual and cannot engage the responsibility of the Seller.
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2. Prices
The prices of the Products are indicated in euros, all taxes included (VAT and all other applicable taxes in force) excluding the processing and shipping costs detailed below.
The Seller reserves the right to modify its prices at any time. The price and conditions applicable to the order are those in force at the time of the firm and final validation of the Customer's order by the Seller as defined below in Article 4.
The Products ordered remain the property of the Seller until full payment of the price.
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Non-professional Customer: The risks of loss or deterioration of the Products ordered are subject to retention of title as well as the damage that the Products may suffer or cause will be transferred to the Customer.
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Professional Customer: The Products travel at the risk and peril of the Professional Customer, who assumes the entire risk of transport (theft, loss, deterioration, destruction, etc.) The transfer of the risks of transporting the Products to the Professional Customer takes place upon delivery of the Products to the first carrier.
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3. Refurbished items
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Products displaying the mention "Refurbished Article" benefit from prices lower than those normally practiced by the Seller.
These Products may have aesthetic defects (varnish, sticking, blows, etc.) which are specified in their presentation.
These products are systematically tested and certified as fully functional by the Seller.
Under the terms and conditions defined in articles 10 to 17 below, the Customer has a legal right of withdrawal and the legal guarantee of conformity on the Refurbished Products.
4. The orders
Orders for Products by the Customer may be placed as follows:
1/ On the Internet, via the website www.musicshopcavell.be
2/ By telephone, during the opening hours specified on the website www.musicshopcavell.be, at +32 2 325 44 54
3/ In store, rue Edith Cavell 183 - 1180 Uccle, during opening hours
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The Seller only ships the Products to the following countries: Belgium, Luxembourg, the Netherlands
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Any contractual document and sales document will be drafted only in French.
It is up to the Customer to check his order before validation: items ordered, total price, payment method, delivery method, delivery address, billing address, and to correct any errors.
It is mandatory to accept the General Conditions of Sale, after having read them, by validating the order and to make the payment under the conditions provided.
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Upon receipt of the order, the Seller will check the order, in particular in terms of stock availability, initially, and receipt of payment.
Sales are only perfect after express acceptance and final confirmation by email summarizing the Customer's Order(s) by the Seller.
The invoice will be delivered only by e-mail, to the address mentioned by the customer when ordering.
The Seller reserves the right to cancel or refuse any Customer Order, in particular for the following reasons:
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Failure to pay for the order concerned or a previous order from the Customer
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Abnormal order(s) in terms of quantities or recurrence, which may cast doubt on the non-professional character of a customer ordering for his personal use or cast doubt on the good faith of the Customer.
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Any cancellation or refusal of an Order will be notified to the Customer by e-mail.
5. Availablity
The Seller's Offers are valid as long as they are visible on the Site, within the limits of the stocks available on the premises of the Seller, or of its supplier in the case of Products which are not stored directly in the Seller's warehouse.
In the event of Product unavailability after placing an Order, the Customer will be informed by e-mail or SMS of the estimated availability time.
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In application of the legal provisions in force and in any case, in the event of unavailability of the Products, the Customer has the option of being reimbursed for the Products ordered within fourteen days of his request, which will only be made by e-mail. to the following address :
6. Delivery
The Products will be shipped to the delivery address provided by the Customer during the Order process. The Customer is responsible for the accuracy of the data transmitted.
The Customer undertakes to transmit, during the Order, all the information necessary for the delivery in order to guarantee its successful completion and is solely responsible for a failure to deliver resulting from an erroneous indication of its delivery information.
In order to optimize the delivery, the Customer is asked to send in particular a mobile telephone number on which the carrier can reach him during the day. An email address allows the Customer to be notified in advance of the delivery of the Order.
The Customer undertakes, for himself or for the recipient of the Order, to take delivery of the Products at the address he indicated when placing the Order.
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Upon delivery, the Customer or the recipient of the Products must be able, if requested, to prove their identity.
The Customer undertakes, after opening and checking the contents of the package(s) in the presence of the carrier, to sign the delivery receipt presented by the delivery person. Any reservation is to be notified to the carrier on the delivery document, or on its tablet. The customer must also express his reservations to the Seller by registered letter within three days of receipt of the package, public holidays not included, specifying/justifying the exact nature of the damage noted.
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If the carrier has not given the Customer the opportunity to check the good condition of the package and its contents, the Customer will have an additional period of ten days to inform the carrier and the Seller of the defects noted by registered letter. and/or email.
The delivery of the Products only includes the physical transfer of ownership of the product, and in no case the assembly, installation or commissioning.
7. Supply and delivery time
Delivery times are calculated in working days: Saturday, Sunday and public holidays excluded. They correspond to the average times for the preparation and delivery of the Order. They are counted from the date of confirmation of the Order by the Seller.
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In the event of payment by bank transfer or electronic checks issued by the Seller, the Order will only be processed upon receipt of payment. In this case, the applicable deadlines are those on the day of processing of receipt by the Seller of the Customer's payment and may therefore be modified in relation to those mentioned on the day of placing the Order.
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When the Customer orders several Products at the same time and these have different delivery times, the delivery time of the Order is based on the most distant delivery time. However, the Seller reserves the right to distribute the order over several shipments. Participation in processing and shipping costs may not exceed the amount provided for a single shipment.
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In the event of a foreseeable extension of the supply period, the Seller undertakes to inform the Customer thereof as soon as possible and by e-mail and/or telephone so that the Customer can choose whether to maintain or cancel in full or in part. of his order.
In the event of a delay in supply, the Seller will inform the Customer by e-mail and/or telephone and will propose a new delivery time.
In any case and in accordance with the legal provisions in force, in the event of late delivery, the Customer may cancel his Order by e-mail before confirmation of dispatch by the Seller.
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The contract is considered resolved upon receipt by the Seller of the writing informing him of this resolution, unless the Seller has performed in the meantime.
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The sums paid by the Customer will be refunded to him at the latest within fourteen days following the termination of the order. If the Customer has received the Product(s) after its notification, the Seller will reimburse the Product(s) and the shipping costs, upon receipt of the Product(s) returned by the Customer.
8. Eligible delivery methods and delivery charge rates
Shipping costs are calculated before confirmation of the Order by the Customer. The Seller offers different delivery methods on its Online Sales Site: standard home delivery and collection at a collection point. When placing the Order, only the eligible delivery methods are offered to the Customer.
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The Products are delivered, by the carrier and under its responsibility, to the delivery address indicated by the Customer during the Order process.
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In the event of collection at a collection point or at the post office, the Customer must present an original identity document. If the parcel is collected by a third party on behalf of the Customer, they must present their identity document, that of the Customer, as well as a power of attorney issued by the Customer.
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Home deliveries are made at the foot of the building.
9. Payment terms
Cash payment for individuals
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By credit card
Visa, Mastercard, American Express, Bancontact networks
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The Customer's bank details are fully encrypted and protected by the secure system of the Seller's partners, namely Wix Payments, Adyen B.V, Mollie. and Stripe. This data never reaches the Seller.
The Customer guarantees that he is fully authorized to use the bank card for the payment of his Order and that this means of payment gives access to sufficient funds to cover all the costs related to the Order of Products or services on the site of the Seller.
Wire Transfer
An order number will be communicated to the Customer by e-mail, immediately after validation of his Order. The Order number must be indicated by the Customer in the subject of his bank transfer. To do this, the Customer is invited to use the bank details below:
Account holder: MUSIC SHOP CAVELL
IBAN: BE69 0689 0634 4078
BIC: GKCC BEBB
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The Customer's Order can only be processed upon receipt of the transfer. In the absence of payment within fifteen days of the Order, the latter will be automatically cancelled.
In the event of a Transfer ordered by Klarna, the Customer's bank details are fully encrypted and protected by the secure system of Klarna and Sofort GmBh.
Transfer costs are the responsibility of the Customer.
Payment with a credit note
To use a credit note, the Customer must contact the Seller's customer service at +32 2 325 44 54
Payment by Paypal, GPay, ApplePay
The Customer's bank details are processed by its service provider and under no circumstances reach the Seller.
The Customer guarantees that he is fully authorized to use the payment account for his Order and that this means of payment gives access to sufficient funds to cover all the costs related to the Order of Products or services on the Seller's site.
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10. Right to retract
The right of withdrawal does not apply to Professional Customers.
The Customer benefits from the legal period of fourteen days from the day after receipt of the Products to exercise his right of withdrawal without having to justify his decision or pay penalties. If the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The Customer will inform the Seller of his wish to use his right of withdrawal by e-mail (sales@musicshopcavell.be) or registered mail (rue Edith Cavell 183 - 1180 Uccle).
The Customer has a period of fourteen days, as recalled by the mention "14-day trial" present on the sales area of the Site, from his notification of withdrawal to return the Products concerned.
In the event of an order containing several Products, the period of fourteen days to communicate its decision to withdraw runs from the receipt of the last Product.
11. Conditions for exercising the right of withdrawal
In the event of exercise of the right of withdrawal within the time limits, only the price of the Product(s) purchased and the shipping costs will be reimbursed, the return costs remaining exclusively at the Customer's expense.
Returns are to be made by mail/parcel followed in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, and accompanied by a copy of the invoice. purchasing for optimized management.
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In the event of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product, the Customer's liability may be engaged.
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(Seller's reminder: clothing/accessories with metal parts can scratch wood and varnish)
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To exercise his right of withdrawal, in accordance with the legal provisions, the attached standard form, or any other declaration expressing the Customer's desire to withdraw without any ambiguity, must be returned by e-mail, registered post or e-mail with acknowledgment of receipt at the address referred to in Article 13 below.
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12. Products excluded from the right of withdrawal
In accordance with the regulations in force, the right of withdrawal cannot be exercised for computer software unsealed by the Customer, goods made according to the Customer's specifications and/or personalized and goods unsealed by the Customer and which cannot be returned for reasons of hygiene, health protection or depreciation by oxidation (in particular reed boxes, mouthpieces, mouthpieces, wooden recorder, harmonica, melodica, headphones, headphones, guitar strings, etc.).
13. Return address
Products should be returned to:
Music Shop Cavell - Rue Edith Cavell 183 - 1180 Uccle
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14. Refund
In the event of exercise of the right of withdrawal, the Seller will reimburse the sums paid at the time of the Order (including the shipping and delivery costs) at the latest within fourteen days from the date on which the Seller is informed of the Customer's decision to withdraw and using the same means of payment as that used for the Order (by bank transfer in the event of expiry of the payment method initially used). The return costs remain the responsibility of the Customer, who is required to return the Product(s) to the Seller no later than fourteen days following the day of notification of his decision to withdraw.
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In case of return of the Product due to refusal of delivery by the Customer, the return costs generated will be deducted from the refund.
This reimbursement date may be deferred until complete recovery of the Product and/or provision of the Customer's bank details.
If the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller, the amount of reimbursement of the initial delivery costs may be limited to the amount of the standard delivery method offered by the Seller.
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No cash on delivery will be accepted.
The advantages obtained during the purchase of Product(s) will be canceled in the event of return of the Product accompanied by its reimbursement.
15. Warranties
Independently of any commercial guarantee granted by the Seller and in accordance with the legal provisions in force, the Products offered for sale by the Seller benefit by right and without additional payment:
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the legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order
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the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unsuitable for their use
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under the conditions defined below.
16. Compliance Guarantee
This warranty only applies to individuals.
In accordance with the legal provisions in force, the Seller is liable for any lack of conformity existing at the time of delivery of the goods, appearing on the new, used/reconditioned Product(s) or on the Digital Products under the conditions below. .
Lack of conformity is characterized in the following situations:
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Product unsuitable for the use usually expected of a similar product;
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Product that does not correspond to the description given by the Seller even if it works perfectly;
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Product that does not have the qualities announced by the Seller or agreed with the Customer;
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Product that has a manufacturing defect, imperfection, poor assembly;
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Installation that has not been done correctly by the Seller or incomplete or incomprehensible installation manual preventing the device from being properly mounted.
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Faults can come from:
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Of the Product itself,
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packaging,
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assembly instructions,
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Installation when this has been done by the Seller or carried out under its responsibility.
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As part of the legal guarantee of conformity, the Customer may:
take action against the Seller within two years of delivery of the New Products.
Twelve months from the delivery of the used or reconditioned Products.
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The Customer can choose between the repair or the replacement of the Products:
If the Product is repaired under the legal guarantee of conformity, the Customer benefits from a six-month extension of the initial guarantee.
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Notwithstanding the Customer's request for repair, the Seller reserves the right to replace the Product if the repair of the Product entails a manifestly disproportionate cost and/or if compliance proves impossible. The bringing into conformity by the replacement of a Product due to the impossibility of the Seller to be able to repair it within the period of one month following the Customer's request, causes a new legal guarantee period to run for the benefit of the Customer. of conformity of 2 years attached to the replaced Product. This provision applies from the day the replacement Product is delivered to the Customer.
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If the repair and replacement of the Product(s) is impossible, the Customer may return the Product(s) and be reimbursed the price or keep the Product(s) and be reimbursed a part of the price. The Customer has the same option if:
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the solution requested, proposed or agreed, pursuant to the legal guarantee of conformity, cannot be implemented within one month of the Customer's complaint or if this solution cannot be implemented without major inconvenience for the Customer taking into account the nature of the Product and the intended use.
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However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
To exercise the legal guarantee of conformity, the Products concerned must be returned to the Seller in the state in which the Customer received them with all the elements (accessories, instructions, etc.), as well as a copy of the invoice. 'purchase. Returns are made exclusively after agreement with the Seller's after-sales service (Return slip), which will organize the returns according to its transport methods and at the Seller's expense.
17. Legal warranty against hidden defects
The Seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would not have given only a lesser price, if he had known them.
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The Seller is not liable for apparent defects of which the Buyer has been able to convince himself.
The action resulting from latent defects must be brought by the Customer within two years of the discovery of the defect. In this case, the Customer can choose between rescinding the sale or reducing the sale price.
The Customer must provide proof of the existence of the defect, by any means, namely that:
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The defect existed at the time of purchase
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The defect was hidden at the time of purchase
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The product is unsuitable for the use for which it is intended or greatly reduces it.
18. Responsibility
In accordance with the regulations in force, the Seller is not liable in the event of non-execution of the order attributable to the Customer and/or in the event of force majeure and/or in the event of external and unforeseeable events by a third party.
The products offered comply with the Belgian legislation in force. The responsibility of the Seller cannot be engaged in the event of non-compliance with the legislation of the country where the product is used and it is up to the Customer to check beforehand with the local authorities the possibilities of importing or using the Products that he considering ordering.
The choice and purchase of a Product by the Customer are under his sole responsibility.
Consequently, the total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement and/or questioning of the Seller's liability, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal provided for by the Consumer Code.
The Seller is only responsible for the content of the pages he publishes.
In the event of purchases on a professional basis: the Seller will not incur any liability for any consequential damages as a result of these General Conditions of Sale, operating loss, loss of profit, loss of opportunity, damages or costs, which may arise from purchase of the Products and/or any other damage resulting from improper use of the Products. The Seller cannot be held responsible for any loss of data, files and/or damage defined in the previous paragraph.
The total or partial inability to use the Products, in particular due to incompatibility of equipment, cannot give rise to any compensation and/or reimbursement and/or questioning of the Seller's liability.The total or partial inability to use the Products, in particular due to incompatibility of equipment, cannot give rise to any compensation and/or reimbursement and/or questioning of the Seller's liability.
19. Intellectual property
All intellectual property rights arising from these General Conditions of Sale and from the Site remain the exclusive property of the Seller, and, where applicable, of its partners.
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The Seller retains all intellectual property rights relating to the Products, photographs, videos, illustrations, technical documentation (non-exhaustive list) ... as reproduced and/or represented on the Site, which may not be reproduced, represented or exploited. without the Seller's prior written consent.
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20. Applicable right
These General Conditions of Sale are subject to Belgian law. This contract is written in French and translated into English. In the event of a dispute, the Belgian courts will have sole jurisdiction.
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21. Claims processing
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For any complaint, the Customer may contact customer service by email at sales@musicshopcavell.be or via the contact form on the musicshopcavell.be website.
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22. Personal data
The collection by the Seller of personal information and personal data of the Customer is necessary for the management of his order and the optimization of his commercial relations with the Seller. They can be transmitted to the companies which contribute to these relations such as those in charge of the execution of the services and orders for their management, execution, processing and payment. However, this information and data are kept only for the period necessary for the execution of the Customer's order and any applicable guarantees plus the legal deadlines relating to the proof thereof. The information collected is not subject to any transfer outside the territory of the European Union.
The Customer has a right of consultation, deletion, limitation and opposition and portability relating to personal data concerning him. He can withdraw his consent to processing at any time by sending an email to sales@musicshopcavell.be
In accordance with the regulations in force, the request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the Seller's response must be sent within two months of receipt of the request.
During the Customer's visit to the Seller's site, certain data concerning the Customer via the deposit of cookies may also be collected. These cookies allow the Seller to optimize the Customer's shopping experience, to personalize content and advertisements or to analyze traffic on the Site. In the same way as the data collected above, the information collected may be shared with the Seller's social media, communication and analysis partners who may combine it with other information provided by the Customer or collected during the use of their services by the Customer.