Terms and Conditions

Standard Terms & Conditions

Last update: May 4th 2009

Our address:

Percussa BVBA

Oudenaardse Steenweg 430

9420 Mere

Belgium

Managing Directors: Bert Schiettecatte

§ 1 Validity

The following general trading conditions apply exclusively to the business relations between the company (i.e. Percussa BVBA) and visitors of the shop (i.e. customers). Different conditions will not be accepted by Percussa BVBA. The general trading conditions are subject to change without notice. Orders which have been received prior to any changes will be dealt with in accordance with the terms and conditions valid at the day of the order.

§ 2 Completion of a contract

The online presentations of the products are not legally binding but constitute a non-binding online-catalogue. After having entered your personal data you can click on the "Place Order"-button, which means a legally binding order of the products contained in your storage cart. Your order will be confirmed immediately after you have sent it. The contract of sale is achieved on receipt of goods or after you have received the online confirmation of the delivery. If you do not receive either the goods or an online confirmation within two weeks time, you are not bound by your order anymore.

§ 3 Variation

Due to continuous further developement of the products or slightly varying characteristics (e.g. material texture), minor deviations with respect to the online pictures or descriptions of the products might occur. As long as these deviations do not mean that the products contain defects, Percussa BVBA has met its obligations.

§ 4 Offers

Special offers or discounts are always valid within a certain period of time and may expire afterwards without notice.

§ 5 Password, secrecy, loss, commitment to truth

Customers have to provide some personal information if they want to execute online orders. They receive a password and a username which are both necessary to order products. Once you have received your username and password, no further registration will be needed. The products are delivered to the address stated by the customer at the registration. Both username and password enable the customer to have access to or change his data. Customers can check all orders they have made so far via their usernames and passwords. They are obliged to keep them secure in a way that a loss is impossible and no third party can access their usernames and passwords.

Percussa BVBA has to be informed about the loss of a password immediately which can by done via e-mail. Percussa BVBA will then refuse any access to password protected areas. Access can only be resumed if the customer fills in an application form which he signs afterwards.

Other registrations on behalf of the customer remain untouched by this. If a third party has gained access to the username or the password due to incautiousness, the customer is fully liable for any order which has been made up to the point of the report of the loss. If the username or the password has been accessed by a third party and the customer cannot be held responsible for this access, his liability is limited to EUR 20. The customer is obliged to give only truthful information at the registration.

If incorrect information concerning identity, address, or e-mail details have been stated by the customer, Percussa BVBA can cancel any contract that has been achieved so far. This withdrawal from the contract is declared in written form. An e-mail is sufficient to meet the characteristics of written form. Customers oblige themselves to inform Percussa BVBA immediately if this e-mail does not reach them within eight hours after the completion of the contract. Customers have to see to it that their e-mail accounts can be accessed once their e-mail addresses have been given to Percussa BVBA. The reception of e-mails must not be made impossible due to shutdown, faulty accounts, or other reasons. Incorrectness of the information given by the customer will be assumed if a message fails to reach the customer and is sent back thrice to Percussa BVBA or if the product could not be delivered due to an incorrect address. In such cases, the rules for withdrawal from a contract due to incorrect information will be applied.

§ 6 Orders, minimum order value

The order (cf. §2) is a valid contract of purchase according to Belgian law. Orders can be made only by customers who provide a shipping and billing address in one of the supported shipping destinations.

If you want to order a product to be shipped to a different country, please get in touch with us. We would be glad to quote the shipping costs. Customers cannot lay claim neither to any validity of an order nor to the delivery if they are outside of our shipping destinations. If a minimum order value exists, only orders above this value count as being received.

§ 7 VAT, exemptions

If not stated differently, the prices are inclusive of VAT in conformity with the legal provisions in Belgium. Orders from non-EU countries like the U.S.A. or Switzerland are generally VAT-free. They are subject to a 21% additional markup for deliveries into non-EU countries. This way the prices are equal to the prices customers in EU-countries are paying.

§ 8 Delivery

Deliveries are principally restricted to the shipping destinations. If you wish to get a delivery into another country, please get in touch with us for further details. Unless otherwise aggreed, the delivery is made ex stock to the stated address. Details about terms of delivery are not binding. If one of Percussa BVBA's suppliers does not supply Percussa BVBA with the ordered goods although this has been agreed to by contract, Percussa BVBA can withdraw from the contract. In this case, the customer will be informed immediately. All payments that have already been effected concerning this product will be reimbursed without delay. If a customer doesn`t accept a delivery which has been made according to the contract (non acceptance), he has to meet the costs of the repeated delivery and of possible additional costs on behalf of the logistics.

§ 9 Payment

The price of the goods is payable in total incl. shipping and other costs. Customers are free to choose between different modes of payment which might cause additional costs. Bills are payable instantly and completely.

§ 10 Shipping

Postage and shipping costs will be charged seperately. The final price of the product is fixed in accordance with the price valid at the time the contract of purchase has been made.

§ 11 Reservation of proprietary rights

The delivered goods remain property of Percussa BVBA until all payments have been made.

§ 12 Product returns

Customers have the right to withdraw from their contract within two weeks time without any reason. This can only be done in written form (letter, fax, e-mail). Upon receiving the customer's request, PERCUSSA BVBA will send instructions to the customer of how to send the goods back. From this point forward, the customer has one week time to send the goods to PERCUSSA BVBA. A shipping company needs to be used which provides tracking information, such that the date of product return is automatically and officially registered. The customer is responsible for carrying all shipping costs of sending the goods back. After receiving the product return, PERCUSSA BVBA will examine the state of the goods and will provide a refund for the product minus shipping and restocking costs. Costs to restock the product can be avoided if the goods have only been affected to an extent that corresponds with normal trials of the product. You can avoid any obligations to reimburse Percussa BVBA by not making use of the goods and by avoiding anything that might affect the quality of the goods. The goods have to be sent back in their original packings in a way that is suitable for shipment.

§ 13 Warranties

Warranties meet the legal provisions in Belgium. Information about further guarantees can be gathered from the detailed information on the specific products.

§ 14 Data protection, storage of data

Percussa BVBA is offering its customers access to password protected areas which enable the customer to check his data and to execute orders. Percussa BVBA makes sufficient efforts to prevent any third party from accessing this data as long as they are both financially and technically reasonable. Percussa BVBA will only process and store data that is absolutely necessary to execute orders and to conclude contracts without approval on behalf of the customer. It will only use this data in accordance with the conditions which have been accepted by the customer according to the privacy declaration.

§ 15 Applicable law

Belgium law is generally applicable excluding the UN Purchase Act.

§ 16 Conditions different from the general standard terms and conditions

If a customer uses terms and conditions that are different from these terms and conditions in form and content, only these general standard terms and conditions are valid.

§ 17 Court of jurisdiction

This agreement falls under the jurisdiction of the courts of Ghent, Belgium. Both parties agree to submit their disputes to this court.

§ 18 Miscellaneous

Percussa BVBA takes no responsibilities whatsoever for any printing errors (also in digital form), or mistakes with regard to the prices indicated.

End of the general standard terms and conditions.