General sales terms and conditions
Strooiendorp 10, 9940 Sleidinge, Belgium
Phone +32 496 24 14 28 VAT BE0711607539
RPR Ghent 192.813
Article 1: General provisions
The e-commerce website of Newzenmusic.org, a firm with its registered office at Strooiendorp 10, 9940 Sleidinge, Belgium, VAT BE0711607539, RPR Ghent 192.813 (hereinafter “NZM”) provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of NZM, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by NZM.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
The following shipping fees are applied for physical books and sheet music:
a. Within the European Union: free delivery on all orders over €50, otherwise
- for Benelux, France, Austria and Germany: €7,50 maximum
- for all other EU countries: €10 maximum
b. Outside the European Union: free delivery on all orders over €100, otherwise €10 maximum
Shipping fees for physical «hardware» like musical instruments and merchandise are different from those for paper goods. If these costs can’t be calculated in advance, additional charges may be payable.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for NZM. With respect to the accuracy and completeness of the provided information, NZM is solely bound to obligation of means. NZM is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by NZM. NZM cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The costumer completes the ordering process by use of a virtual shopping cart. Once his payment is done through a secure on line pay service, the order is considered as complete and NZM takes the necessary steps for the delivering of the goods, if not delivered automatically (like for digital goods).
The Customer may choose between the payment methods as provided. Under exceptional circumstances that (partial) payments are accepted after delivering, invoices must be paid as agreed by NZM.
NZM is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
Once paid, digital goods will stay available for download for two days, however for safety reasons these will be monitored in such a way, that erratic download attempts can only occur 5 times. The costumer can always contact NZM in such an exceptional case, but from then on every further help depends on the judgement of NZM.
Physical goods ordered via this webshop will be delivered as soon as possible. NZM can not be hold responsible for delivery delays or charges applied by foreign post offices or customs.
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to NZM.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by NZM.
Article 6: Retention of title
Delivered articles remain the exclusive property of NZM until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to NZM, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing physical goods online from NZM.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days.
The right of withdrawal period will expire 14 calendar days after the date the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
To exercise the right of withdrawal, the Customer must notify NZM in an unambiguous statement (e.g. in writing by post or e-mail) about their decision to withdraw from the agreement.
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify NZM of their decision to withdraw from the agreement to send back or hand over the goods to NZM. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
The direct costs for returning the goods shall be borne by the Customer.
If the returned product is reduced in value in any way, NZM is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
If the Customer withdraws from the agreement, NZM shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that NZM was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, NZM may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by NZM will not be refunded.
NZM shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for:
service contracts after the provision of service has been completed in its entirety
the provision or supply of goods or services whose price depends on fluctuations in the financial market that NZM has no influence upon and that may occur within the withdrawal period.
the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.
agreements where the Customer specifically requests NZM to carry out urgent repairs or maintenance.
the delivery of sealed audio and video recordings and sealed computer software where the seal is broken after delivery.
the supply of digital content that is not supplied on a tangible medium when the service has started with the explicit prior consent of the Customer and provided the Customer has confirmed that he thereby lost his right of withdrawal (e.g. downloading of music, software, etc.).