Terms and conditions of use

Applicability and validity of the terms

  1. In our terms and conditions of use, the following terms will have the following meanings
    • Crescendo Music: Crescendo Music BV, located at Jan Van Rijswijcklaan 7, 2018 Antwerpen;
    • Customer: any natural person or legal entity that enters into an agreement with Crescendo Music;
    • Website: de website(s) die door Crescendo Music wordt/worden beheerd:www.crescendo-music.com;
  2. These conditions apply to all offers on the Website of Crescendo Music, as well as all agreements via the Website that are entered into with Crescendo Music.
  3. By using the Website and/or placing an order, the Customer accepts these general terms and conditions, as well as all other rights and obligations as stated on the Website.
  4. General Terms and Conditions used by the Customer are not binding without an explicit and written agreement to this effect. If certain deviating conditions are agreed upon, the remaining provisions of these terms and conditions shall remain in full force.
  5. Crescendo Music is entitled to use third parties in the fulfilment of an agreement with the Customer.
  6. Crescendo Music reserves the right to change and/or supplement these General Terms and Conditions at any time for future orders.

Offers

  1. All offers and quotations are without obligation, unless they contain a period for acceptance. If an offer contains an offer without obligation, we reserve the right to revoke it within two (2) days of receipt.
  2. A personal quote shall be valid for a period of two (2) weeks, unless a different period is stated on this quote.
  3. A contract is concluded as soon as a confirmation of order has been handed over to the Customer, either in writing or by e-mail at the e-mail address provided by the Customer.
  4. The Customer and Crescendo Music agree that by using electronic forms of communication, a valid agreement is created. The absence of an ordinary signature does not detract from the binding force of the acceptance of the offer. To the extent permitted by law, the electronic files held by Crescendo Music serve as presumptive evidence of the agreement.
  5. For all items on the Website, Crescendo Music attempts to display the current stock status as accurately as possible. If ordered products appear to be out of stock, despite the indication on the Website, the Customer will be informed.
  6. Crescendo Music has the right to refuse an order without providing reasons.

Pricing

  1. All prices are stated in euros. They always include VAT (either 6 or 21 per cent).
  2. The Customer owes the price that Crescendo Music has communicated according to Art. 2.3 of these General Terms and Conditions. Clear errors such as obvious inaccuracies can be corrected by Crescendo Music, even after the conclusion of the agreement.
  3. The (calculation of the) cost of delivery is clearly communicated to the Customer, both during the process of ordering and in the final confirmation of the order.
  4. Discounts are - where applicable - granted per agreement and do not give automatic entitlement to the same discount in subsequent agreements.

Payment

  1. Payment of orders placed via the Website are processed immediately via the online payment environment, or afterwards by bank transfer. The Customer must make the payment within thirty days after receipt of the invoice to the account of Crescendo Music
  2. All possible costs related to the payment, order and dispatch (bank and/or transfer costs) shall be borne by the Customer.
  3. Crescendo Music may expand the payment options in the future. These will be announced via the Website.
  4. If a payment term is agreed by Crescendo Music, the Customer will be in default when this is exceeded. Unless explicitly agreed otherwise, the payment term as specified in clause 4.1 will apply.
  5. In the event of non-payment or late payment by the Customer, the Customer shall owe interest on the outstanding amount at the statutory rate from the day on which payment should have been made until the day of full settlement.
  6. Also at the expense of the Customer are all (extra)judicial costs of any nature whatsoever that Crescendo Music has had to incur as a result of the Customer's non-fulfillment of its (payment) obligation.
  7. In the event of late payment, Crescendo Music is entitled to suspend all further deliveries until such time as the Customer has fulfilled the payment obligation in full, including interest and/or costs due.

Modification or Cancellation

  1. All offers and agreements are governed exclusively by Belgian law.
  2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
  3. In accordance with the Belgian law on trade practices, consumer information and consumer protection of 14 July 1991 (hereinafter referred to as "WHPC"), the Customer is free to renounce his/her purchase via the Website within a period of fourteen (14) working days as of the day following the delivery.
  4. If a contract is cancelled, our right to compensation for loss of profit as well as other damages resulting from the cancellation in question shall apply, insofar as this does not contradict the WHPC. Cancellation requires the express consent of Crescendo Music.
  5. Regardless of the provisions in Clause 5.3, the Customer loses the right to cancel when audio cassettes, CDs, DVDs or software and all other products that are sealed have been removed from their packaging.
  6. Sheet music is subject to copyright law and therefore cannot be returned
  7. The right of renunciation according to the WHPC does not apply to items whose packaging is no longer in an original and complete state. Used and damaged items may also not be returned under the terms of the WHPC.
  8. Interim changes to the agreement are only valid when confirmed in writing by Crescendo Music. Electronic confirmation is also valid in accordance with article 2.4. of these General Terms and Conditions.

Delivery and Shipping

  1. Crescendo Music aims to deliver each order as quickly as possible. If no well-defined delivery period was agreed with the Customer, the order will in principle be delivered within thirty (30) days. If a delivery period was agreed with the Customer, this period cannot be regarded as a deadline, unless explicitly agreed in writing.
  2. The exceeding of an agreed delivery time may not be used as grounds for compensation.
  3. As stated in Art. 1.5, Crescendo Music can rely on third parties for the delivery of orders.
  4. In the event of an unforeseen delay, Crescendo Music will endeavour to inform the Customer within one working day, either by telephone or by e-mail.
  5. Deliveries are made to the address provided by the Customer via the Website.
  6. Crescendo Music may apply different conditions for deliveries abroad
  7. For deliveries in parts, Crescendo Music is entitled to regard each partial delivery as a separate order.

Complaints and Returns

  1. The Customer must carefully inspect the order immediately upon receipt. Complaints about the order shall be made in writing, at the latest within fourteen (14) days after receipt of the order.
  2. If not expressly agreed otherwise in advance, all costs associated with the return of (parts of) the order to Crescendo Music will be borne by the Customer.
  3. If the Customer renounces to its purchase according to the WHPC without a complaint within fourteen (14), the costs associated with the return of (parts of) the order to Crescendo Music will be at the expense of the Customer.
  4. For returns after renunciation in accordance with the WHPC, Crescendo Music will endeavour to refund the Customer the amount paid to Crescendo Music within ten (10) working days after receipt of the returns by transfer to the Customer's account.
  5. Crescendo Music can never be held liable for any damage - including loss or theft - that occurs to the products or packaging upon return.

Retention of ownership

  1. Ownership of the ordered items, notwithstanding an actual delivery, will pass to the Customer after the Customer has paid the purchase price and everything else owed to Crescendo Music under the agreement.
  2. The Customer is free to resell the purchased goods in the normal way. However, as long as payment for the purchased goods has not been made in accordance with Article 8.1, the Customer is not entitled to pledge the goods to third parties. The Customer is obliged to inform Crescendo Music if goods subject to Crescendo Music's retention of title are seized.

Liability

  1. If the goods delivered by Crescendo Music show shortcomings or prove to be defective, they will be replaced or repaired free of charge by Crescendo Music within the applicable warranty periods and conditions prescribed by Belgian law. Crescendo Music becomes the owner of the replaced goods.
  2. In case of force majeure, Crescendo Music is not bound to obligations towards the Customer. Crescendo Music may suspend its obligations for the period of the force majeure.
  3. Force majeure is defined as any circumstance that renders the performance of the obligations of Crescendo Music towards any other party, in whole or in part, impossible. This includes strike, fire, business interruption, energy failure, failure of a telecommunications network, not or not timely delivery of suppliers or other third parties engaged.

Intellectual property

  1. The Customer explicitly acknowledges that all intellectual property rights of the displayed information, communications or other expressions regarding the Website rest with Crescendo Music, its suppliers or other claimants.
  2. Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other rights, including technical and/or commercial know-how, methods and concepts, whether patentable or not.

Privacy

  1. In processing the Customer's details, Crescendo Music observes the applicable laws and regulations.
  2. Under no circumstances will Crescendo Music sell or disclose the Customer's e-mail address or pass on personal information to any third party, with the exception of third parties engaged for the delivery of ordered goods.

Regulation of disputes and applicable law

  1. All offers and agreements are governed exclusively by Belgian law.
  2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
  3. All disputes related to or arising from offers from Crescendo Music or agreements entered into with Crescendo Music will be submitted to the competent court in Antwerp, unless a mandatory provision of law expressly designates another court as competent.

Various provisions

  1. De maatschappelijke zetel van Crescendo Music is gevestigd te 2018 Antwerpen, Jan Van Rijswijcklaan 7, met ondernemingsnummer 0450.606.471. Alle correspondentie met betrekking tot een overeenkomst of deze voorwaarden kan u richten aan Crescendo Music op voormeld adres of naar het e-mailadres shop@crescendo-music.com.
  2. Crescendo Music heeft een winkel in Antwerpen (Jan Van Rijswijcklaan 7, 2018 Antwerpen).
  3. If any provision of these General Terms and Conditions should be unlawful, void or for any other reason unenforceable, then such provision shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These General Terms and Conditions constitute the entire agreement between the Customer and Crescendo Music with respect to the subject matter contained herein.