Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the consideration period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance agreement
Article 13 - Delivery, execution and returns
Article 14 - Duration transactions: duration, cancellation and renewal for the International GOTTHARD Fanclub.
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Consideration period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that is produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
7. Sustainable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely;
10. Distance agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use was made becomes of one or more techniques for distance communication;
11. Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions;
12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Hilde Persyn / RockDreams Agency
Gerard van Laethemlaam 23 bus 1
B - 2650 Edegem
Belgium
Email Jelusick & Dino Jelusick merchandise: hilde@jelusick.com
Email Gotthard Fanclub & Fanclub merchandise: hilde@gotthard.com
Email all other bands: rockdreams.agency@gmail.com
Company number: 0725.528.524
VAT identification number: BE 0725.528.524
All conditions, contracts concluded according to these conditions, are exclusively subject to Belgian law.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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 entrepreneur will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. 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.
4. 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.
Article 4 - 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 entrepreneur 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 entrepreneur. Small differences in color may be possible.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
The RockDreams online shop offers consumers products that are not required to purchase. Only when ordering the products on the internet, the consumer is obliged to buy them and the contract becomes binding. A confirmation of the contract will be sent by e-mail.
If you place an order with RockDreams, the general conditions are accepted and agreed to.
Article 6 - Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a consideration period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but customer is not obliged to state his reason (s).
2. The consideration period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with a different delivery time.
2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
3. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 - Obligations of the consumer during the consideration period
1. During the consideration period, the consumer will handle the product and the packaging with care. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner. If the item (s) is (are) damaged, a photo must be attached.
2. 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 entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the consideration period has expired.
3. 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 entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears all costs of returning the product.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the trader makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product.
3. Reimbursement only takes place if the goods are returned to the business address within 14 days.
4. The entrepreneur 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.
5. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. 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 entrepreneur 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;
3. Service contracts, after full performance of the service, but only if:
1.the performance has begun with the express prior consent of the consumer; and
2. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement;
1. 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;
2. Agreements related to leisure activities, if a specific date or period of execution is provided for in the agreement;
3. Products manufactured according to the consumer's specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
4. Products that spoil quickly or have a limited shelf life;
5. Sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery;
6. roducts that are irrevocably mixed with other products after delivery due to their nature;
7. Alcoholic beverages, the price of which was agreed at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on market fluctuations over which the entrepreneur has no influence;
8. Sealed or foil-wrapped audio, video recordings and computer software, the seal or foil which has been opened after delivery;
9. Newspapers, magazines or magazines, with the exception of subscriptions to them;
10. The delivery of digital content other than on a material medium, but only if:
1. the performance has begun with the express prior consent of the consumer; and
2. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. 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 include VAT.
Article 12 - Performance agreement
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
Article 13 - Delivery, execution and returns
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Shipping costs are calculated automatically and depend on the shipping address. Extra costs for import, customs duties etc. are not calculated and are being paid by the consumer.
4. RockDreams Agency ships via Asendia which hands over the package to the normal mail from the destination country. We aim to deliver within 10 working days within the EU, unless stated otherwise. For Switzerland and the rest of the world, it can take up to 20 days depending on customs.
5. RockDreams is not responsible if the package does not arrive or arrives later.
6. RockDreams is not responsible for the later delivery of goods due to changes in government permission or the law, production disruptions, strikes or problems with obtaining materials. Under these circumstances, the agreed delivery date is extended without notice until the problem is resolved.
7. RockDreams has the right to deliver part of the order if necessary. This must be accepted by the customer.
8. For a secure arrival of delivery, there is the additional option "Fully tracked goods" with an additional price, which is calculated automatically and depends on the order and the shipping zone.
10. Returns are possible if the product is not the same as the product ordered, if it is damaged or has inherent deviations, this must be reported to the entrepreneur within 14 days with proof of photo.
If RockDreams agrees, a package may be returned if the size is not correct and exchanged if the correct size is still available. Shipping costs will be charged for this.
11. The responsibility lies with the consumer to check whether the package was damaged during shipment and must be reported to the post office. (check immediately upon delivery in the presence of someone from the Post) If this does not happen, the Post will label the package as undamaged. Complaints based on incorrect description, text, price or late delivery will then be excluded.
12. Wrong delivery or damaged items must be reported by e-mail within 3 working days after delivery. After this period, the goods are considered to have been delivered properly.
13. RockDreams reserves the right to change delivery times.
14. Return address:
RockDreams Agency
Gerard van Laethemlaan 23 bus 1
B- 2650 Edegem
Belgium
Article 14 - Duration transactions: duration, cancellation and renewal for the International GOTTHARD Fanclub.
1. All subscriptions run from January 1 to December 31 of the same year, even if you become a member during the year.
Cancellation:
1. An email to hilde@gotthard.com is sufficient to cancel.
2. No membership fee will be refunded if you cancel during the course of the year.
Renewal:
1. As soon as the new packages / rates are ready for the new year, they are listed in the shop + via newsletter and can be extended
for the new year.
Article 15 - Payment
1. RockDreams only works with prepayment.
2. Only orders that have been fully paid will be sent.
3. Different payment methods are offered.
4. When checking out, the consumer is given the choice of payment method. An email will always be sent with the order confirmation.
5. All prices include VAT.
6. The goods remain the property of RockDreams Agency until the entire order has been paid. In the case of Gotthard items from before 2020, the items remain the property of Gotthard Music GmbH, Kappel SO, Switzerland, until the complete order has been paid. Products in consignment from other bands, remain in possession of each band, according to contract with this band, until the complete order has been paid.
7. Unpaid orders will be canceled after 15 days.
8. You can only pay in Euros. If payment is made in Swiss Francs or another currency, and the amount in Euro is not sufficient, an additional payment will be requested until the amount corresponds to the amount in Euro before the goods are sent.
Article 16 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur 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.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.
5. It is also possible to report complaints via the European ODR platform (https://ec.europa.eu/odr).
Article 17 - Disputes
1. Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the consumer.
Article 19 - Copyright
Information on the website is copyright protected by each party RockDreams cooperates with. Copies or partial copies may only be made after written approval from RockDreams and / or any party with which RockDreams cooperates.
