General terms and conditions of sale

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General terms and conditions

Our general terms and conditions

This page (together with the documents referred to on it) contains the Terms and Conditions on which we sell the Products to you on our Website. Please read these Terms and Conditions carefully before placing an Order on our Website.

By ordering any of our Products, you agree to be bound by our Terms and Conditions. You can download our Terms and Conditions at any time from our website [www.dabso.be].

The Customer, a natural person acting for private purposes (the Consumer), has a period of 14 calendar days from the day following the delivery of the Product to withdraw from the Order, without having to give any reason and without incurring any costs other than :

  • - additional costs related to a delivery method other than the less expensive standard delivery method offered by us;

  • the direct costs incurred by the return of the Product.

However, the Customer may not exercise this right of withdrawal for :

  • 1° the supply of Products whose price depends on fluctuations on the financial market beyond our control and which may occur during the withdrawal period;
  • 2° the supply of Products made to your specifications or which are clearly personalised;
  • 3° the supply of Products that are likely to deteriorate or expire rapidly;
  • 4° contracts in which you have expressly asked us to visit you in order to carry out urgent maintenance or repair work on the Product. However, if, in the course of this visit, we provide you with Services in addition to those you have specifically requested or Products other than spare parts essential for maintenance or repair work, the right of withdrawal applies to these additional Products or Services.

Article 1. About the Seller and these Terms and Conditions.

1.1. When ordering Products and/or Services, the Seller is SPRL PHONOTECH, a company under Belgian law with its registered office at 4890 THIMISTER- CLERMONT, rue des Waides, 8, registered with the Crossroads Bank for Enterprises under number [0472.982.490].

1.2 We will be happy to receive any comments and feedback at our e-mail address [email protected] You can also reach us by telephone on 087/33.33.30, Monday to Friday, between 9am and 6pm.

1.3. In these General Conditions, the following terms are defined as follows

  1. a) "Acknowledgement of receipt" means the acknowledgement of receipt of your Order by e-mail;

  2. b) "Force Majeure or Act of God": any force majeure, third party event (including, without limitation, any hacking by a supplier, government, quasi-governmental or non-governmental, supranational or local authority), insurrection, riot, civil commotion, war, hostilities, military operation, national emergency, terrorism, hacking, arrest, restriction or detention by any competent authority, strike or lockout, epidemic, fire, explosion, storm, flood, drought, inclement weather, earthquake, natural disaster, accident, mechanical failure, third party software, failure or problem in the provision of utilities (including electrical, telecoms or internet failure), shortage or inability to obtain supplies, raw materials, equipment or transport;

  3. c) "Clauses" means the clauses of these Terms and Conditions;

  4. d) "Customer" means any person who places an Order on our Site;

  5. e) "Order" means the Order you place on our Site for the purpose of purchasing our Products;

  6. f) "Account" means the account that you must create on the Website if you wish to place an Order on our Website

  7. g) "Order Confirmation" means the email sent to you by which we accept your Order;

  8. h) "Terms and Conditions" means these Terms and Conditions, also referred to as "our Terms and Conditions";

  9. i) "Contract" means your Order for one (or more) of our Product(s) in accordance with these Terms and Conditions and accepted by us;

  10. j) "Business Day" means a day that is not a Saturday or Sunday or a legal holiday in Belgium;

  11. k) "Calendar Day" means any day, including Saturdays, Sundays and public holidays in Belgium;

  12. l) "We": SPRL PHONOTECH;

  13. m) "Liability": contractual liability expressly provided for under Belgian law and our General Conditions;

  14. n) "Site": our website www.dabso.be

  15. o) "You": the Customer who places an Order on our Site;

  16. p) the use of the singular includes the plural and vice versa;

  17. q) references to the terms "included", "including" or any other term or

similar expressions shall apply without limitation.

Article 2. Your status.

By placing an Order on our Site, you warrant that you are at least 18 years of age and domiciled in Belgium or the European Union.

Article 3. Effect and scope of our General Conditions.

3.1. our Terms and Conditions apply to all Orders relating to our Products. When you place an Order on the Site, you agree to do so subject to our Terms and Conditions as they exist at the date of the Order. You are solely responsible for reading the current version of the Terms and Conditions each time you place an Order.

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3.2. Our Terms and Conditions shall prevail over any other terms and conditions you may stipulate, in any form, at any time, in writing, by e-mail or orally.

 

Article 4. Acoustic Measures.

Our Site allows you to download an application that performs acoustic measurements in your home to assist you in choosing the Products to order.

However, we draw your attention to the fact that this application is only a tool likely to guide you in your choice, but it can in no way be considered as giving scientific acoustic measurements.

Article 5. Conclusion of the Contract.

5.1. When you place an Order on our Site, you must create an Account and follow the instructions on our Site.

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5.2. regardless of any previous price you may have seen on our Site or from a competitor, when you select one of our Products, the then current Price of that Product is stated in Euros (€), including VAT, as well as any delivery charges.

5.3. You must pay the Price of the Product in full at the time of the Order, either by means of a VISA or MASTERCARD credit card, or by the secure PAYPAL system.

5.4.

5.4. Once payment has been made, you will receive an Acknowledgement of receipt of your Order.

5.5.

5.5. Your Order will become a Contract of Sale when we email you your Order Confirmation.

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5.6. We may refuse to accept an Order because the photographs, logos, advertisements and any other media provided by you to produce the Product ordered are of insufficient quality (the minimum resolution required is 150 dpi), or are clearly not copyright free.

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5.7. You must provide us with accurate information and you must keep it up to date and inform us of any changes.

 

If you have made an error in your Order, please contact us immediately by email at [email protected]

5.8. The Contract relates only to the Products listed in the Order Confirmation. We shall not be obliged to supply you with any other Product(s) which may have formed part of your Order until we send an Order Confirmation in relation to that other Product(s).

The Contract shall not apply to any other Product(s).

6. Right of Withdrawal.

6.1. As stated in the preamble, the Customer who is a natural person and who is acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity, in other words, the Customer qualified as a "consumer" by law, has a period of 14 calendar days to withdraw from his Order, without having to give reasons for his decision and without incurring any costs other than:

The Customer shall be entitled to withdraw from the Order within a period of 14 calendar days.

  • additional costs associated with a delivery method other than the cheaper standard delivery method offered by us;

  • the direct costs incurred in returning the Products.

  • the direct costs incurred in returning the Products.

6.2. The 14-day withdrawal period will begin the day after you or a third party duly appointed by you has physically taken possession of the delivered Product.

6.3.

6.3. In order for the 14-day withdrawal period to be respected, it is sufficient for you to send us your decision regarding the exercise of your right of withdrawal before the expiry of the said period to the email address [email protected]

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6.4. In the event of withdrawal, we will refund any payments you have made, including delivery costs (with the exception of any additional costs arising from the fact that you may have chosen a delivery method other than the cheaper standard delivery method offered by us), no later than 14 days from the day we are informed of your decision to withdraw.

6.5. Unless you tell us otherwise, we will issue a refund using the same payment method used for the original transaction. In any event, this refund will not incur any costs to you.

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6.6. We may, however, defer such refund until we have received back the delivered Product or at least until you have provided us with proof of re-shipment of that Product, whichever is the earlier.

6.7.

6.7. Unless otherwise instructed by us, you must return the Product to SPRL PHONOTECH, rue des Waides, 8 in 4890 THIMISTER-CLERMONT, no later than 14 days after you have informed us of your decision to withdraw.

6.8.

6.8. Your Responsibility could be engaged towards us if the returned Product was damaged and that this depreciation resulted from handling other than those necessary to establish the nature, the characteristics and the good functioning of the Product.

7.

7. Cancellation.

7.1. We may cancel a Contract if the Product ordered is unavailable, technically unfeasible or cannot be made to the applicable technical standards.

7.2. In this case, we will notify you of our decision as soon as possible and refund any payment made within 14 days of notification of cancellation of your Order using the same payment method you used to pay for the Product.

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8. Delivery.

8.1. We undertake to deliver the Products ordered on our Site within the time period, expressed in working days, which will be displayed in the summary of your Order as well as in the confirmation e-mail of the same.

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8.2. The delivery period starts from the moment we receive your payment. However, this period is indicative and in no way constitutes an obligation of result on our part.

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8.3. The Product will be delivered to the delivery address you have indicated in your Order. If we are unable to deliver to this address, we will arrange for delivery to an alternative address.

8.4.

8.4. We deliver throughout Europe.

8.5.

8.5. If you are unavailable to take delivery of the Product, we will leave you a notice with instructions for a re-delivery or a later collection from the carrier.

8.6.

8.6. If delivery or collection of the Product is not made within one month of our first attempt to deliver it to you, we may:

a) charge you for the cost of the Product

a) charge you storage and other costs incurred by us or b) cancel the Contract.

In the latter case, we will refund to you any sums paid to us under the Contract, less our administrative costs (including those associated with attempting to deliver and then return the Product and any other costs associated with storing the Product).

The Contract will be cancelled by us at our discretion.

8.7. If we are unable to meet the delivery date, we will notify you as soon as possible.

8.8.

8.8. We are not liable for any compensation for late delivery. However, if the actual delivery date is more than one month later than the indicative delivery time, you may request cancellation of the Contract.

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8.9. Upon delivery of the Product, you will be required to sign a receipt and inspect the Product for any apparent defects, imperfections or damage. Signing the delivery receipt without comment shall constitute approval of the Product delivered.

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8.10. Our Products are delivered in standard packaging. Any specific packaging required by you will incur additional charges.

8.11.

8.11. The risk in the Product passes to you upon delivery. From that moment on, we will not be liable for any loss or destruction, deterioration, partial or total, of the Product.

9.

9. Liability for defective Products.

9.1. For the purposes of our General Terms and Conditions, a Product is defective when it does not offer the safety that can legitimately be expected taking into account all the circumstances and in particular:

 

A Product may not be used for any purpose other than that for which it is intended.

A Product shall not be considered defective merely because a more advanced Product has been put into circulation subsequently.

9.2. The burden of proof of the defect, the damage and the causal link between the defect and the damage lies with you.

9.3. We are not responsible if:

  1. a) having regard to the circumstances, there is reason to believe that the defect which caused the damage did not exist at the time the Product was delivered to you;

  2. b) the defect is due to the conformity of the Product with mandatory rules issued by public authorities;

  3. c) the state of scientific and technical knowledge at the time the Product was put on sale did not allow us to detect the existence of the defect;

  4. d) if the damage was caused jointly by a defect in the Product and by your fault or the fault of a person for whom you are responsible.

9.4. The compensation that may be obtained under this provision covers damage to persons, including moral damages and, subject to what will be specified under Article 9.5, damage to property.

9.5.

9.5. Damage to property is only compensable if it relates to property intended and used primarily for your private use or consumption.

9.6.

9.6. Damage to the defective Product itself does not give rise to compensation.

9.7.

9.7. Compensation for damage to property shall only be payable after deduction of an excess of 500 €.

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10.1. This clause does not affect your rights under the Belgian Civil Code and Economic Law Code governing the sale of consumer goods. Thus, and in particular, the provisions relating to the Warranty for Hidden Defects of the Product sold are applicable after the two-year period provided for under Article 10.5.

 

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10.2. We endeavour to ensure that our Products:

 

1°correspond to the description given on our Site and possess the qualities we have presented to you in the form of samples or models;

2°are fit for the purpose you are seeking and which you have made known to us at the time of entering into the Contract and which we have accepted;

3°are fit for the purposes for which Products of the same type are normally used;

4°have the usual qualities of a Product of the same type that you can reasonably expect, having regard to the nature of the Product and, where applicable, taking into account the statements made about the actual characteristics of the Product on our Site.

10.3. in the absence of proof to the contrary, a lack of conformity that appears within six months from the delivery of the Product shall be presumed to have existed at the time of delivery, except where this presumption is not compatible with the nature of the Product or the nature of the lack of conformity.

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10.4. On the other hand, there is no lack of conformity within the meaning of the law if it originates either in the photographs, logos, advertising signs and other media that you have communicated to us, or in the acoustic measurements that you have transmitted to us.

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10.5. Similarly, there is no lack of conformity within the meaning of the law where this defect results from incorrect installation of the Product by you.

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10.6 We shall be liable for any lack of conformity that appears within two years of delivery of the Product.

This two year period is suspended for the time necessary to repair or replace the Product or in the event of negotiations between us for an amicable agreement.

<10.7 You must inform us of the existence of a lack of conformity within two months of the day on which you discovered the defect.

10.8. In any event, your rights shall become time-barred within a period of one year from the day on which you became aware of the lack of conformity, although this period shall not expire before the end of the two-year period referred to in Article 10.6.

10.9. In addition to damages, if any, in the event of non-conformity of the delivered Product, you shall have the right to demand either the repair of the Product or its replacement, under the conditions set out in Article 10.10, or an appropriate reduction of the price or the termination of the Contract, under the conditions set out in Article 10.11.

 

However, account shall be taken of the worsening of the damage resulting from the use of the Product after the time when you noticed the lack of conformity or should have noticed it.

10.10. You shall have the right, in the first instance, to demand the repair of the Product or its replacement within a reasonable time, free of charge, unless this is impossible or disproportionate.

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The costs referred to in the preceding paragraph are the necessary costs incurred in bringing the Product into a compliant condition, including the costs of returning the Product and the costs associated with labour and materials.

A method of compensation is considered disproportionate if it imposes costs on us which, compared with the alternative method of compensation, are unreasonable having regard to:

  • of the value that the Product would have if there were no lack of conformity;

  • of the significance of the lack of conformity;

  • whether the other method of compensation can be implemented without major inconvenience to you.

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  • 10.11. You have the right to demand an appropriate reduction in price or termination of the Contract:

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  • if, under clause 10.10, you are not entitled to either repair or replacement of the Product, or

if we have not carried out the repair or replacement within a reasonable time or without significant inconvenience to you.

However, you do not have the right to rescind the Contract if the lack of conformity is minor.

Also, any refund shall be reduced to take account of the use you have had of the Product since delivery.

Article 11. Terms of our Liability for defective Products and our Warranty.

11.1 The Product is intended to be used exclusively in accordance with the instructions published by the manufacturer or set out in the Product description on our Website.

11.2. We will endeavour to deliver Products to you in accordance with your order and free from defects.

If you are not satisfied with the Product, we will not be liable for any loss or damage.

However, if you notify us that the Product does not conform to the Contract or has a defect, you agree to keep that Product as it is so that we can examine it within a reasonable time.

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11.4. If we find that the Product:

  1. a) has been subject to misuse, abuse, neglect, improper or inadequate attention, lack of care, damage or abnormal conditions or

  2. b) has been subject to accidents or damage caused by improperly attempted modification or repair or

  3. c) has been treated or used contrary to the manufacturer's instructions or

  4. d) has deteriorated through regular normal wear and tear, after delivery by us we may decide not to proceed with your request.

12. Handling of complaints.

We perform our obligations with care and skill.
We therefore attach great importance to the satisfaction of our Customers.

 

You can contact us at any time by e-mail at [email protected] You can also reach us by phone at 087/33.33.30 – from Monday to Friday, between 9am and 6pm.

 

We will endeavour to consider your request as soon as possible and will get back to you after receiving any relevant enquiries or complaints.

In cases under the Defective Products Guarantee, however, it may take a little longer to process your request as the manufacturer of the Product may need to be involved.

13. Scope of our Liability.

13.1. Unless otherwise expressly stated in the Contract, our Liability comprises only obligations of means.

13.2. we shall produce our Products on the basis of information provided by you. Under penalty of liability, you must therefore provide us with reliable and complete information.

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13.3. You acknowledge that you have been fully informed by us as to the possibilities of use and the particular constraints of the Product which is the subject of the Contract.

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Without prejudice to the other provisions of the General Terms and Conditions, our Liability that may arise from the performance of the Contract is expressly limited to 110% of the total amount, excluding VAT, of your Order.

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13.4. In addition, we disclaim all liability:

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  1. (i) for consequential damages, including but not limited to any financial or commercial loss, loss of goodwill, profit or savings, any business disruption whatsoever, any increase in costs and other overheads, any loss of profit, loss of brand image, any postponement or disruption in your project or business planning;

  2. (ii) in the event of insufficient cooperation by you in the performance of the Contract;

  3. (iii) in the event of third party intervention on the Product, unless you demonstrate that such intervention does not relate to any element of the Product in connection with the elements covered by our intervention;

  4. (iv) in the event of claims from third parties;

  5. (v) in case of non-application and/or misuse by you of the Products delivered and/or advice given.

13.5. You warrant to us that the content, information and œworks of any kind that you provide to us for the purpose of performing the Contract are lawfully usable for that purpose and do not infringe the rights of third parties.

 

You shall in particular ensure that you obtain the required assignments of rights and/or authorisations from the holders of intellectual property rights and/or copyrights. You therefore indemnify us against any recourse by third parties claiming infringement of their rights.

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13. Protection of personal data

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Please see our Privacy Policy section on our Website.

14. Notifications.

14.1 Any notices between the parties shall be in written form, in the language of the Order, by email to the relevant party at the last known email address of that party.

14.2. Any notice sent by e-mail shall be deemed to have been received when'it is proved that the e-mail has been received by the recipient's server.

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15. Autonomy of individual clauses.

If any of the clauses of these General Terms and Conditions or of the Contract become or are declared invalid or illegal by a court, such invalidity or illegality shall in no way affect the validity and/or legality of the remaining clauses, in part or in their entirety, the latter remaining in force and effective as long as these General Terms and Conditions or the Contract are able to continue to have their useful effects.

16. Miscellaneous provisions.

16.1. These General Terms and Conditions and the Contracts (and all obligations arising out of or in connection with them) shall be construed and governed in accordance with Belgian law.

16.2.

16.2. In the event of a dispute, only the courts of the judicial district of Liège, divisio of Verviers, shall have jurisdiction.

16.3.

16.3. We reserve the right to modify these General Conditions at any time. Any changes will be published online. Continued use of our Site will be deemed to constitute tacit, but nonetheless certain, acceptance of our new Terms and Conditions.