Section 1 - Definitions
In these terms and conditions, understood under means:
- Return period: The period in which the consumer can make use of his right to return purchased goods.
- The consumer: the natural person which doesn’t act for goals in relation to commercial-, business-, craft- or professional activity.
- Day: Calendar Day
- Digital Content: Content served and produced in digital shape.
- The business: natural entity representing the company which sells goods to consumers.
Section 2 - Identity of the business
Active under the name: tablatur.com
VAT-identification number Belgium: BE0736625720
Section 3 - Applicability
- The general terms and conditions are applicable on every offer of the business and every agreement between the business and the consumer.
- Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the business will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed by the consumer and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions the consumer can always invoke the applicable provision that is most favorable to him.
Section 4 - The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the business uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the business.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Section 5 - The agreement
- The agreement is concluded, subject to the provisions of section 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the business will immediately confirm receipt of the acceptance of the offer electronically. As long as the business has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the business will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the business will take appropriate security measures.
- The business can - within the law - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the business has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- The business will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the information about guarantees and existing service after purchase;
- the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Section 6 - Exertion of the right to cancel of the consumer
- If the consumer has downloaded/printed the purchased product in any shape of form from the website. All rights in this section hereunder described are canceled and the consumer loses his right to return the purchased document.
- If the consumer makes use of his right of withdrawal, he must report this to the business within the withdrawal period by means of the model form for withdrawal or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it to (an agent of) the business. This is not necessary if the business has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the business.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the business has not reported that the consumer must bear these costs or if the business indicates to bear the costs himself, the consumer does not have to bear the costs for return.
- The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- The business has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs or the model form for withdrawal, or;
- The consumer did not explicitly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
- Prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the consideration period;
- He has not acknowledged that he has lost his right of withdrawal when granting his permission; or
- The business has failed to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Section 7 - Commitment of the business in case of cancelation
- If the business makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
- The business reimburses all payments made by the consumer, including any delivery costs charged by the business for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the business offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier.
- The business uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the business does not have to pay back the additional costs for the more expensive method.
Section 8 - Exclusion of the right of withdrawal
The business can exclude the following products and services from the right of withdrawal, but only if the business clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price depends on fluctuations in the financial market over which the business has no influence and which may occur within the withdrawal period
- Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the business to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
- Service contracts, after full performance of the service, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he loses his right of withdrawal once the business has fully executed the agreement;
- Service contracts for the provision of accommodation, if a specific date or period of
- execution is provided for in the contract and other than for residential purposes, goods transport, car rental services and catering;
- Agreements related to leisure activities, if a specific date or period of execution is provided for in the agreement;;
- The delivery of digital content other than on a material medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he thereby loses his right of withdrawal.
- the consumer has downloaded/printed the digital content from the website.
Section 9 - The price
- During the validity period stated in the offer, the prices of the products and / or services offered may be increased, the increase may result out of a change in VAT rates or special action applied by the seller.
- The business can also offer products or services with variable prices that are subject to fluctuations in the financial market and over which the business has no influence.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the business has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
- The prices stated in the range of products or services don’t include VAT.
Section 10 - Fulfillments
- The business guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the business also guarantees that the product is suitable for other than normal use.
- An extra guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to fulfill his part of the agreement.
- An extra guarantee is understood to mean any commitment of the business, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Section 11 - Shipping
- products of digital shape and form are are delivered to the consumer when the payment has been received successfully. These products can be transferred by the user to a tangible medium.
Section 12 - Payments
- Insofar as not stipulated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the business.
- If the consumer does not meet his payment obligation (s) in time, this is, after he has been informed by the business of the late payment and the business has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, owe statutory interest on the amount still due and the business is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The business can, for the benefit of the consumer, deviate from the stated amounts and percentages.
Section 13 - Complaints Procedure
- The business has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the business within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the business will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must at least give the business 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.
Section 14 - Disputes
- Agreements between the business and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law.
- A dispute will only be dealt with by the Disputes Committee if the consumer first submitted his complaint to the business within a reasonable period of time.
- If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Commission at the latest 12 months after the date on which the consumer submitted the complaint to the business.
- If the consumer wants to submit a dispute to the Disputes Committee, the business is bound by this choice. Preferably, the consumer first reports this to the business.
- If the business wants to submit a dispute to the disputes committee, the consumer must, within five weeks of a request made in writing by the business, state in writing whether he also wishes to do so or wants the dispute dealt with by the competent court. If the business does not hear of the consumer's choice within the five-week period, the business is entitled to submit the dispute to the competent court.
- The Disputes Committee rules under the conditions as laid down in the regulations of the Disputes Committee.
- The Disputes Committee will not handle a dispute or cease the treatment if the business has been granted a moratorium, has become bankrupt, or has actually terminated his business activities, before a dispute has been dealt with by the committee at the session and a final decision has been made. has been pointed out.