This is an English translation of the legal and applicable French and Dutch version, last updated 13 May 2022
The present general conditions of sale are concluded on the one hand by BVBA Planète Disque, based in Belgium, Buitenplas 1/24, 1601 Sint-Pieters-Leeuw, registered with the Crossroads Bank for Enterprises (CBE), under the number 0696.875.813 hereinafter referred to as "the seller" and on the other hand, the client defined below as being a user of the site www.planetedisque.com and accepting the present General Conditions of Sale, hereinafter referred to as "the buyer". The present conditions of sale aim to define the contractual relations between the seller and the buyer and the conditions applicable to any purchase made on the commercial site "Planète Disque" (internet address: http://www.planetedisque.com), whether the buyer is a professional or a consumer. The acquisition of a good or a service through the present site implies an acceptance without reserve by the buyer of the present conditions of sale. These conditions of sale shall prevail over any other general or specific conditions not expressly approved by the seller. The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
CHARACTERISTICS OF THE GOODS AND SERVICES OFFERED
The products and services offered are those listed in the catalogue published on the seller's website. These products and services are offered within the limits of available stocks. For products that are not in stock, offers are valid subject to availability from suppliers. If a product mentioned as available should unfortunately be out of stock, the seller offers the buyer the option of 1) cancelling the order, 2) purchasing an alternative product, 3) deliver the product later in a period of time agreed upon in writing between buyer and seller. This is without any compensation to the buyer. Each product is accompanied by a summary description on the site drawn up by the seller. This description is obtained from the supplier's information. The photographs in the catalogue are as accurate as possible but cannot ensure a perfect similarity with the product offered, particularly about colors.
The prices shown in the catalogue are in Euros and include statutory Value Added Tax but exclude delivery costs. Any change in the rate may be reflected in the price of the products or services. The seller reserves the right to modify its prices at any time and without prior notice, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only price applicable to the buyer. In the event of an incorrect price being displayed (due to a technical error, a manual error or a computer bug) the order will be cancelled, even in the event of initial validation.
If the buyer wishes to place an order, he/she must first identify him/herself. To this end, he/she shall fill in, according to the indications provided online, a form made available to him/her where he/she shall provide the information necessary for his/her identification and in particular his/her surname, first name, telephone number, postal and electronic address and billing and delivery address. The buyer, having chosen the products presented, will definitively validate his/her order by clicking on the "Order" button to express his/her commitment and acceptance of the general conditions of sale. From this moment, the order is recorded, and an order number is communicated to the buyer as well as a confirmation on the screen and/or by e-mail. The data recorded by the site www.planetedisque.com constitutes proof of the nature, content and date of the order. The invoice includes the details of the price of each product excluding VAT with, if applicable, the amount of VAT calculated on the total excluding VAT and included in the total including VAT. The goods supplied remain the exclusive property of the seller until all debts have been settled. If the buyer fails to pay on time, the seller shall be entitled to reclaim the goods supplied by way of return, without prior notice of default.
TERMS OF PAYMENT
The price is payable at the time of ordering. The buyer may pay by advance/bank transfer, debit card, credit card or instant payment. In case of payment by debit or credit card, the buyer shall transmit his card data as part of the order process. After appropriate legitimation, the Seller will request the bank card company to initiate the payment transaction. The payment transaction is automatically carried out by the bank card company and the debit or credit card will be charged. Payments by credit or debit card will be made through the payment provider “MultiSafepay” who uses a secure protocol so that the information transmitted is encrypted by software and no third party can gain knowledge of it during transport on the network. The buyer can also pay by bank transfer. The buyer does not accept payment by cheque.
DELIVERY AND TRANSPORT
Delivery is only made once payment has been received. For all payment methods, the delivery period begins one day after placing the order. In case that the period begins or ends on a Saturday, Sunday or public holidays, that period shall then be postponed to the next working day. The seller is entitled to deliver in partial deliveries, as far as reasonable taking into consideration that any conflicting interests of the buyer are not affected. This has no influence on the content of the contract, on the performance owed by the seller or on the agreed performance period. In case a partial delivery, no additional costs will be originated for the buyer. Exceeding the deadlines does not give the buyer any right to damages or to refuse the ordered goods. The transport costs are specified in the summary of the order which precedes the validation of the order. Deliveries are made to the address indicated in the order form. The risks are borne by the purchaser from the moment the products leave the seller's premises. Orders are sent from Belgium. An insurance up to 750,00 Euro excl. VAT is included. The seller undertakes to make every effort to deliver the goods as quickly as possible and to make the necessary inquiries in case of abnormally long delays. The seller cannot be held responsible for an error or impossibility of delivery caused by the buyer's incorrect communication of the delivery address on the order. In case of return of the parcel to the seller, the buyer can maintain or cancel his order. In the event of a re-shipment of the parcel, the new delivery costs may be charged to the buyer, it being understood that the delivery costs already incurred are not refundable. In the event of force majeure or exceptional events (natural disasters, epidemics, strikes, lock-outs, war, etc.) delaying or prohibiting the delivery of the goods, the seller shall be released from all liability. In all cases, delivery within the time limit can only be made if the buyer is up to date with his obligations towards the seller. In the event of a stock shortage, the replenishment period is approximately 6 weeks. The delivery time will only start from the date of payment of the order.
In accordance with the Belgian law of 6 April 2010 (law on market practices and consumer protection), buyers, non-professional natural persons, have a 14-day withdrawal period from the day after delivery of the product to return the product to the seller for exchange or refund without penalty. The buyer will be reimbursed or will receive another article at the latest within 30 days following the exercise of the right of withdrawal. Used, installed, damaged or incomplete products will not be taken back. The buyer who wishes to exercise this right must contact the seller on +32 (0)2 377 05 20 from Mon. to Fri. 9am and 12pm or by email: email@example.com or by mail to Planète Disque, Buitenplas 1/24, 1601 Ruisbroek, Belgium. Within a maximum of 30 days after acceptance of the return, the seller will refund the amount paid.
All products supplied by the seller are covered by the Belgian legal guarantee. In case of non-conformity of a product sold, it can be returned to the seller who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to Planète Disque, Buitenplas 1/24, 1601 Ruisbroek, Belgium, within 30 days of delivery. We are obliged to inform you that in view of the so-called online dispute resolution, the European Commission provides a corresponding platform. You may find this platform under http://ec.europa.eu/Consumers/odr/. In this context, we are also obliged to inform you about our e-mail address. This is: firstname.lastname@example.org.
If the packaging is damaged on delivery, a description of the damage must be noted and signed on the delivery note that will be given to the driver. It is the responsibility of the buyer to check immediately upon receipt of the goods their condition and their conformity with the contract. By signing the delivery note, the buyer accepts the products delivered as is and therefore no claims for damage during transport will be accepted. All complaints regarding defects in the goods delivered, inaccuracies in the quantities or incorrect reference to the order confirmed by the seller must be made in writing within 2 days of receipt of the goods, failing which the right to complain shall cease to exist. The seller may refund the missing item or ship it.
The seller is only liable for the own contents of his online shop on the website. The seller, in the process of selling online, cannot be responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of service, or other involuntary problems. The seller cannot be held responsible for any misuse of the products purchased on the site. Material and/or physical damage resulting from improper use of the product is the responsibility of the buyer.
All elements of the seller's site are and remain the exclusive intellectual property of the seller. No one is authorized to reproduce, exploit, rebroadcast or use in any way whatsoever, even partially, the elements of the site, whether they be software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of the seller. The seller reserves the right to take legal action if an infringement is found.
The seller commits not to divulge to third parties the information that the buyers communicate to him. Buyers' details are only passed on to those partners who are necessary for the processing of the order. In accordance with European Regulation 2016/679 of 27 April 2016 on the protection of privacy with regard to the processing of personal data, the buyer has the right to access and rectify this data at any time, as well as the right to object if you no longer wish to be informed of our activities. To do so, simply send a request by email to email@example.com or by post to Planète Disque, Buitenplas 1/24, 1601 Ruisbroek, Belgium.
ARCHIVING - PROOF
The Seller will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of the law. The computerised records of the Seller will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
These conditions have been drawn up in accordance with Belgian law. If any clause of these conditions does not comply with Belgian consumer protection legislation, this legislation shall prevail.
SETTLEMENT OF DISPUTES
In the event of a dispute, an amicable solution will be sought before any legal recourse. The present online sales conditions are subject to Belgian law. In case of dispute, only the courts of the judicial district of the head office of the online shop "Planète Disque" will be competent.