Unless otherwise agreed upon in writing, the present sales conditions apply to all the sales offers and announcements made by Off The Records sprl [on behalf of the Queen Elisabeth International Music Competition of Belgium] on the Websites shop.queenelisabethcompetition.be, shop.concoursreineelisabeth.be, shop.koninginelisabethwedstrijd.be (hereinafter referred to as “Website”). The “seller” is Off The Records sprl, with registered and business offices at Rue d’Albanie, 69 at 1060 Brussels (Belgium). The “buyer” is an individual who purchases the goods sold by Off The Records sprl. These sales conditions only apply to the sales on the Website and do not apply for the sales in the traditional distribution channels. It is also expressly agreed that Off The Records sprl accepts no condition whatsoever printed on the buyer’s documents.
Our offers and prices are valid during the day of consultation of the relevant Web page, or during the period indicated in the catalogue or the publicity in question. The seller does not accept an order made by a buyer until written confirmation thereof by the seller and complete payment. Our offers are made without any engagement prior to our written confirmation.
3. Product prices
The prices indicated on the Website are to be understood as goods delivered in our offices, VAT and all other taxes included. The shipping and handling charges are to be paid for by the buyer; these charges vary according to the order, the destination of the goods and the total amount of the order, and are detailed on the Website for every product available, which will be confirmed to the buyer before the payment process. Depending on the countries, additional custom fees can be charged to the buyer.
4. Transfer of property and risk
The propriety of the goods is not transferred to the buyer until full payment of the price and the forwarding charges. The transfer of the risks takes place at the moment of the delivery of the goods.
5. Payment conditions and modalities
The buyer can pay his order either by debit card or credit card, using the secured payment system provided by “Mollie” (for more information, please see the www.mollie.com website) or by national or international bank transfer.
6. Delivery, delivery time and cancellation of the order
The buyer shall specify the delivery address in his order. Orders will be sent by normal post. The seller will do his utmost to make sure that the goods are delivered quickly. The seller will inform the buyer of any delay which is NOT under its control. If this delay exceeds 20 (twenty) working days from the receipt of the payment by the buyer and the order confirmation sent by the seller, or 20 working days from the date of shipping clearly mentioned on the order confirmation, the buyer can renounce to the sale, without any indemnity being due by any party, on the condition that the buyer informs the seller by e-mail within three days after the notification of this delay by the seller. The buyer will then be reimbursed by credit transfer for the entire amount of his order, including forwarding charges, within seven working days.
7. Risks and complaints
The goods are transported to the delivery address indicated by the buyer at the risk of the seller. The seller shall be informed of any complaint relating to the delivered goods within 5 days after the date of reception of the goods. The complaint should be sent by registered mail to Off The Records sprl at Rue d’Albanie, 69 at 1060 Brussels (Belgium), or by email to the following address: shop[at]queenelisabethcompetition.be and must be accompanied by the delivery note. Without any complaint after this 5 day period, the goods shall be considered conform by the buyer and no complaint will be considered any more.
8. Renunciation right and conditions relating to the return of the goods
The consumer has the right to notify to the seller that he renounces to the sale, without penalty and without motivation, within 14 working days from the day after the delivery date of the product or the conclusion of the services agreement. This notification has to be made by registered mail. The buyer has then to return the goods at his own risks and costs (transport costs and insurance) to the office of Off The Records sprl at Rue d’Albanie, 69 at 1060 Brussels (Belgium) by registered postal mail or by a transport company of his choice. The returned goods cannot be deposited in any sales points. The buyer does not have the right to renounce to the purchase if the goods are not returned in their original condition of delivery, packed and sealed (shrinkwrapped). The goods have to be accompanied by the delivery note. The seller has the right to verify the condition of the returned goods within 2 weeks of their reception. If the goods are packed, sealed and not damaged, the seller will reimburse the paid sum, except for the forwarding charges, within 30 days. On the other hand, if the goods are unpacked, unsealed or damaged, the buyer does not have a right of renunciation and has to bare all costs of re-packing and re-expedition of the goods to the address indicated by the buyer on the order form. After the 14 days period, the goods will be considered unconditionally accepted. A complaint can in any case not justify a delay in or suspension of payment. In case the seller formally recognised a complaint to be justified, his obligation is merely limited to the replacement of the defective part of the goods.
This guarantee is only valid from the date of reception of the goods and the full payment of the price. The seller is not responsible for the non-adequacy of the delivered goods for the purposes intended by the buyer. The products benefit from a guarantee limited to 6 months, from the delivery date, against all conformity defects existing at the delivery of the product. Interventions falling under this guarantee do not extend the duration hereof. The seller’s obligations under this guarantee are limited to the following: If a defect appears and a valid complaint is received by the seller within the guarantee period, the seller, at its own discretion, will (1) replace the product by a new product, or (2) reimburse the sales price of the product, this reimbursement being moderated taking into account the use that the buyer has already made of the product since its delivery. When a reimbursement is made, the reimbursed product becomes the property of the seller and shall be returned to him at first demand. This guarantee does not apply to: (a) any damage (directly or indirectly) caused by accident, negligence, error of manipulation, improper use or maintenance or the use of equipment which is not in conformity with the technical specifications of the seller or the producer, storage without protection, prolonged storage or related to products which have not been supplied by the seller; (b) any damage caused by any intervention of a person other than the seller ; (c) any damage (directly or indirectly) caused by any modification or mechanic, electronic or other modification made on the product.
The seller’s liability may only be incurred in case of serious or intentional fault. The liability of the seller is in any case limited to the value of the order.
11. “Force Majeure”
The seller is not responsible for the non-execution, execution with delay or the incomplete execution of its obligations for reasons of circumstances outside both parties control. If such circumstances persist during more than three months, one of the parties is allowed to accept the non-executability of the contract by means of a registered letter, without any indemnification obligation.
12. Governing Law and Choice of Forum
These sales conditions shall be governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflicts of law. The buyer agrees that any action at law or in equity arising out of or relating to your use of this Website or these sales conditions shall be filed only before the Courts of Brussels (Belgium) and hereby consents and submits to the personal jurisdiction of such court for the purposes of litigating any such action.
13. Miscellaneous terms
If any provision of these sales conditions shall become or be declared unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between the buyer and the seller relating to the subject matter herein.
Off The Records sprl is a company incorporated in Belgium, with registered and business office at Rue d’Albanie, 69 at 1060 Brussels (Belgium), Tel. +32 497 39 33 39. Off The Records sprl is registered in the company register under number 0881690903 with VAT number BE 0881 690 903. If you have any questions or concerns, please contact us by email to the following address: shop[at]queenelisabethcompetition.be.