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All orders will be sent to you by post [in Belgium & Luxembourg] or by international delivery ser-vices. Please note that the first order always has to be paid CAD, cash on delivery. The total amount [including shipping costs and taxes, if you don't have a legal tax number] will be paid on arrival. Of course, the validity of your tax number will be checked. The invoice is included with the package. Please check the content of the package AT ONCE. If there might be any errors, please let us know WITHIN 2 days. If not, your complaint will be rejected. We do NOT accept any res-ponsibility for any damage or loss caused by the transport. Our delivery times are always indi-cative, but never final.
1. General
a.These terms & conditions concern ALL the agreements between TVA Music Company [TVA] & you, except when both TVA and you have a written agreement not to apply these terms & conditions.
b.The terms & conditions are applicable to all agreements to purchase & all agreements for a service provided by TVA.
c. If TVA accepts other terms & conditions, other terms set forth by you will be neglected.
2. Price Offers
All our price offers are free of charge.
3. Agreements
All agreements are applicable ONLY if TVA confirmed your order by mail or letter OR if TVA started a service or production for you.
4. Prices
The prices that are mentioned are the current prices, at the time of delivery. If any of the factors that determinate the price should rise between the agreement & before delivery, TVA can change the prices according to that factor on delivery. Of course, you will be notified if this might happen.
5. External Influences
If TVA is not capable to fulfill one or more of the parts of the agreement, due to
circumstances out of her own responsibility such as disasters, floods, fire, strikes, etc... In this case, TVA can decompose the agreement or parts of the agreement without having to pay any compensation.
6. Cancellation
a. Cancellation of an agreement or sending back deliveries of part of deliveries will only be accepted with our prior consent.
b. If an agreement or a part of it is cancelled, fulfilling the conditions described above, you agree to pay all costs made by TVA for that agreement.
7. Delivery, Risk & Appeal
a. Delivery times
The delivery times announced by TVA will NEVER be considered as final, unless both TVA & you have a agreed otherwise [written]. Delays of delivery will never be a reason for you to cancel an order or agreement if the delays times are reasonable, depending on the specific situation. Only when the normal delivery times are exceeded & caused by TVA [not by transport firms], the responsibility of TVA will not exceed the total amount of the invoice. TVA is never responsible for loss of profit or stagnation damage on your side.
b. Risk
Delivery happens when TVA hands over the goods to the transport firm. At that point, the risk is for you [damage, loss, ...]. If you want to, you can have your orders sent with extra insurance on your expenses.
c. Appeal
1. You need to check the content of the delivery at once.
2. If there's something wrong with your order, please let us know WITHIN 48 hours after delivery to solve your problem. Anyway, the complaints need to be confirmed by email or written letter as soon as possible.
3. Even if your complaint was done within 48 hours, you still need to pay the total order and keep the correct part of the order, even if there is discussion about the wrong part of the order.
4. If your complaint is well-founded and if you notified us within 48 hours after delivery, TVA will only have to replace, replenish or repair the wrong part of the order, without any charges. Replacement or repair will only happen when TVA received the original pieces back.
5. Test prints, samples, images etc... that are approved [or signed] by you are binding for executing the order or agreement en can never be a ground for complaints.
8. Liability
a. TVA is only liable for delivered goods & orders in the following way :
1. TVA is obligated to deliver things that correspond to the agreement. In case of any given guarantee by TVA, TVA is only liable for the things described in that agreement.
2. TVA is NOT liable for damage caused by others, intent or faults caused by transportation.
3. TVA is NOT liable if any of the obligations in an agreement cannot be fulfilled if they are caused by external influences [see also 5. External Influences].
4. The liability of TVA is limited to the double amount of the invoice.
5. The liability for losing profits and / or stagnation damage on your side will be limited to the amount of the invoice.
b. For services [including advices & consultancy by TVA], TVA will only be liable in the following way :
1. You ALWAYS need to be sure to keep a back-up copy, duplication, safety copy, etc... from the information or data that are sent to or used by TVA. TVA is not responsible for damage caused by permanent loss of data if you don't have a back-up copy, duplication, safety copy, etc...
2. TVA is liable for damage caused by TVA.
3. In case of any given guarantee by TVA, TVA is only liable for the things described in that agreement.
4. If TVA is not capable to fulfill one or more of the parts of the agreement, due to circumstances out of her own responsibility such as disasters, floods, fire, strikes, etc... The liability of TVA is limited to the double amount of the invoice.
c. In case of proven non-delivery, TVA is only liable to compensate for the damage with a limit of three times the amount of the invoice.
d. You safeguard TVA explicit against all claims from third persons, including claims about duplication rights & liability from products.
9. Payment
a. Payment is due within 30 days starting from the date on the invoice, except when mentioned otherwise or agreed otherwise [written agreement only].
b. In case of non-payment within 30 days, TVA will charge you interest of 15% per year, calculated upon the amount of the invoice & all additional costs to remind you or sue you will be added without the need of any prior warnings from TVA.
c. If you do not fulfill one or more of your obligations, all reasonable expenses form TVA to get satisfaction will be charged. Anyway, in that case you will owe TVA the following amounts :
For the first 2.500,00 Euro : 15%
Up to 5.000,00 Euro : 10%
Up to 25.000,00 Euro : 8%
Up to 50.000,00 Euro : 5%
The rest : 3%
If TVA proves to have made more expenses than these amounts, expenses that were necessary for your order, you will have to pay these extra costs as well.
10. Proprietary Rights
a. All things delivered by TVA remain property of TVA in the following cases :
1. You did not [yet] pay all or part of the delivery.
2. All claims from TVA on you, including compensations, interest and expenses are not [entirely] paid.
b. All things delivered by TVA that remain property of TVA according to point 10.a can only be sold to a third party if the things are part of your normal core business.
c. If you do not fulfill one or more of your obligations, or if TVA has well-founded fears that you won't fulfill your obligations, TVA is allowed to [let] remove all goods that are under the proprietary rights as stated in part 10.a. In that case, you are obligated to cooperate and help TVA on penalty of 10% of the total amount of the invoice, with a minimum of 250,00 Euro.
d. If a third party wants to claim any rights upon the things that are under the proprietary rights as stated in part 10.a, you are obligated to inform TVA about this as soon as possible.
e. You are obligated to cooperate with all measures taken by TVA to protect the proprietary rights concerning all deliveries.
11. Duplication Rights
You need to inform you IN ADVANCE about the conditions set forth by organizations that settle duplication rights, such as Sabam in Belgium for every duplication of CD, audio- and or videotapes and related products. You are responsible yourself for demanding & getting authorization for every duplication. We always need the written authorization from Sabam or another duplication rights company. Of course, TVA can assist you if necessary. TVA cannot be held responsible for claims from a third party concerning duplication right violations.
12. Disputes
All disputes that might arise out of agreements which apply to these general conditions or part of these conditions, or other agreements that are derived from the general conditions, can only be treated by the business courts of Turnhout [Belgium].
I agree to these terms & conditions
Click the link to agree to the terms & conditions and to continue to our online shop
[WITHOUT obligation to buy & WITHOUT online payments for your own safety]. Ordering automatically means that you agree to these terms & conditions.
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