General Terms and Conditions
Article 1. Identity of the vendor
We are:
Erik Desimpelaere
Doorniksestraat 38, 0021
8500 Kortrijk, Belgium
Enterprise number: 0681.710.654
Article 2. Applicability and conditions
1. Our general terms and conditions apply to all agreements with you as a customer. Certain conditions only apply to consumers (any natural person who, solely for non-professional purposes, acquires or uses products or services placed on the market). This will be clearly stated.
2. We only deliver digitally, to all countries.
3. You must be at least 15 years old to place an order. If you are not 15, a parent or legal guardian must place your order. If we become aware that a minor has placed an order, we may still refuse that order.
4. You can always find our general terms and conditions on our website. Placing an order on the website is regarded as explicit acceptance of our general terms and conditions. You can always find them on our website. If you order online, we will also provide you with a copy of these terms and conditions in a format that you can save or print, together with the order confirmation.
5. If, in addition to these general terms and conditions, special additional terms and conditions apply, the above shall also apply to the special terms and conditions. If our general terms and conditions should conflict with those special terms and conditions, you as a consumer can always invoke the text that is most favorable to you.
Article 3. Our offer and your order
1. If an offer has a limited validity period or is subject to certain conditions, we will state this explicitly in the offer.
2. We always describe as completely and accurately as possible what we are selling you and how the ordering process will work. The description is in any case sufficiently detailed for you to make a proper assessment. If we use pictures, they are a true representation of the goods and/or services offered. However, to err is human. Therefore, if we are obviously mistaken, we are not obliged to deliver.
3. To purchase a product, select the product from the list at the bottom of the compositions/arrangements detail page. Then fill in your contact details, delivery details and billing details. In the last step, you will get an overview of your order, you accept our general terms an conditions and confirm your purchase by pressing the order button with the caption “submit”. After this you will be redirected to our payment provider and will be asked to fulfill the payment. Once you have completed these steps, your order is final.
4. Your order is complete and the agreement between us is finalized once we confirm your order by email and once we have received the approval of the payment transaction by the card issuer. If your card issuer refuses to agree to your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed. The email will contain your invoice and your digitally purchased score, with personal banner, allowing you to perform the music at any venue.
Article 4. Right of withdrawal
1. Our goods are excluded from the right of withdrawal, due to the specific nature of digitally purchased sheet music with personal banner.
Article 5. Price
1. During the period mentioned in our offer, our prices do not change, except for price changes due to changes in VAT rates.
2. Our prices include all taxes, VAT, duties and services. So you will never be faced with any surprises.
Article 6. Payment
1. We can only accept payment via the payment modules on our website.
2. We accept Visa, MasterCard, Maestro, Bancontact, bank transfer and PayPal.
3. To ensure safe online payment and the security of your personal data, we use SSL technology. SSL ensures that your transaction data is encrypted and made unreadable when sent over the internet. No special software is needed to pay with SSL. You can recognize a secure SSL connection by the "lock" in the lower status bar of your browser.
Article 7. Conformity and warranty
1. We guarantee that our goods are in conformity with your order and meet the normal expectations you may have, taking into account the specifications of the product. Of course, we also guarantee that our goods comply with all Belgian laws in force at the time of your order.
2. If the delivered goods do not comply with your order, as a consumer you are entitled to inform us about this and you have the statutory one-year warranty. This means that if you discover a hidden defect or fault within one year of delivery of the goods, you can have them repaired or replaced free of charge.
Article 8. Delivery and execution
1. All goods and services will be delivered to the email address you have specified in your order.
2. The delivery method is via e-mail. The purchased sheet music will be digitally delivered right after the payment of your order is received.
3. If you haven’t received your sheet music via mail, you have 14 days to inform us about this and you will receive a new email. Please always check your spam folder.
Article 9. Force majeure
1. In the event of force majeure, we are not obliged to fulfil our contractual obligations. In this case, we may either suspend our obligations for the duration of the force majeure situation or definitively dissolve the contract. In the event of force majeure, we shall not be liable to pay any compensation to you.
2. Force majeure is any circumstance beyond our control and will, which prevents the fulfilment of our obligations in whole or in part. We understand these circumstances to include strikes, fire, business interruptions, energy disruptions, disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties, ...
Article 10. Intellectual property
1. Our sheet music, website, logos, texts, pictures, names and all our communications in general are protected by intellectual property rights, which either belong to us or to our suppliers or other entitled parties.
2. It is prohibited to use and/or modify the intellectual property rights as described in this article. For example, you may not copy or reproduce sheet music, drawings, photos, names, texts, logos, color combinations, etc. without our prior and express written consent.
Article 11. Complaints and disputes
1. We naturally hope that all our customers are 100% satisfied. However, if you have any complaints about our services, you can contact us at www.erikdesimpelaere.com/contact. We will do everything we can to deal with your complaint within 7 days.
2. All agreements that we conclude with our customers, irrespective of their place of residence, are governed exclusively by Belgian law. If, for reasons of international law, another law should nevertheless apply, the interpretation of these general terms and conditions shall be based, in the first instance, on the Belgian Law on Market Practices and Consumer Protection as included in the Code of Economic Law. In the event of a dispute, only the competent Belgian courts shall be competent.
These general terms and conditions apply from January 1st 2024.