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Terms & Conditions

Business information


SOUNDBIRD

Goudbloemlaan 31

2970 Schilde

Belgium

info@soundbird.eu

0789217437

BE0789217437

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Article 1: General provisions

 

WHO

  1. SOUNDBIRD is a Registered Company – Natural Person with its registered office at Goudbloemlaan 31, 2970 Schilde, Belgium.

  2. The KBO number is 0789217437 and the VAT identification number is BE0789217437. We are hereinafter referred to as “SOUNDBIRD” or “We”.

  3. The products that we sell through our webshop will be referred to as the “product” or “products” throughout this document.

 

 APPLICABILITY

  1. These General Terms and Conditions (“Terms”) are applicable to all orders that SOUNDBIRD concludes with customers via its webshop. The customer is hereinafter also referred to as: “customer” or “you”. 

  2. When placing an order via the webshop of SOUNDBIRD, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by SOUNDBIRD owner Jeroen Brijs.

 


Article 2: Price

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  1. All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear. Only on the B2B webshop page prices listed are expressed in EURO excluding VAT.

  2. Any shipping, reservation or administration fees that are charged are specified separately. The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

 

 

Article 3: Availability

 

  1. Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for SOUNDBIRD. With respect to the accuracy and completeness of the provided information, SOUNDBIRD is solely bound to obligation of means. SOUNDBIRD is in no way liable in event of obvious material or printing errors.

  2. If the Customer has specific questions about for instance sizes, color, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.

  3. The product selection is valid while stocks last and may at any time be changed or withdrawn by SOUNDBIRD. SOUNDBIRD cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

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Article 4: Online purchases

 

B2C ORDERS

1. Select product article(s)

The visitor can place online an order by selecting its preferred color and defining the amount of product items he/she would like to order. Click on button ‘order now’ and the product will be add to your cart.

 

2. Shopping cart

The shopping cart will provide an overview of the order including a list of all product items, amount of products ordered, price per item line, total order value (VAT included) and shipping fee. If applicable, a promo code can be entered.

 

3. Checkout

Once the visitor validates all data of the cart by clicking the button ‘checkout’, the visitor will be directed to the Checkout page where shipping details, delivery method and payment must be entered.

 

The Customer may choose between the following payment methods:

  • Bancontact

  • iDeal

  • by credit card with Mollie

  • Klarna

 

At the end of the Checkout procedure the customer will be asked to review the order details and agree to the Terms & Conditions and Privacy Policy of SOUNDBIRD.

 

SOUNDBIRD is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

 

4. Order confirmation and invoice​

  • When you have completed the full order and payment process, an order acceptance and invoice will be send to your e-mail address automatically.

  • We reserve the right to only accept orders after full payment of the order.

 

 

B2B ORDERS

 

1. Select product item

VAT registered businesses can place an order online via our B2B webshop (www.soundbird.eu/B2Bwebshop) conform EU VAT rules. By clicking the ‘order now’ button for your preferred color, a checkout page will open to complete your order.

 

2. Checkout

Fill in all requested company (including VAT number) and shipping details on the checkout page and select the amount of items you would like to purchase and your preferred payment method.

 

The Customer may choose between the following payment methods:

  • Bancontact

  • KBC

  • iDeal

  • by credit card with Mollie

  • Klarna

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3. Order confirmation & Invoice

  • When you have completed the full order and payment process, an order acceptance and invoice will be send to your e-mail address automatically.

  • We reserve the right to only accept orders after full payment of the order.

  • SOUNDBIRD is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

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Article 5: Payment

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  1. In order to pay, you can only use the payment options agreed and indicated with the order. You are obliged to pay within the agreed payment term.

  2. The receivables are immediately due and payable

  3. It’s the customer’s responsibility that all payment details are valid and up-to-date.

  4. A valid payment is a prerequisite for SOUNDBIRD to accept any order.

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Article 6: Delivery and execution of the agreement

 

DELIVERY PROCEDURE

  1. We work almost exclusively on a made-to-order base. Production lead time is about 8 weeks. Shipping lead time depends on the final destination. However, within EU, delivery lead time should be completed within 1 week.

  2. Once the package leaves our warehouse, you will be emailed the tracking number by our logistic partner. Each home recording desk (packed in 3 boxes) will be delivered on a pallet at your delivery address. The customer must be present at the delivery address during delivery and must sign off for acceptance.  

  3. Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported within 24h by the Customer to SOUNDBIRD via info@soundbird.eu.

 

TERMS OF DELIVERY

  1. Both production and delivery time stated on the website are purely indicative. If the production and/or delivery lead time deviates from the indicative delivery lead times, SOUNDBIRD engages to notify the customer as soon as possible. Late delivery cannot be used as a reason to cancel the order. SOUNDBIRD is not liable for late deliveries.

  2. In certain cases SOUNDBIRD may charge extra costs for delivery in a specific time window. Additional costs that are charged for the delivery of the products ordered by you are always communicated in advance when choosing the time window.

  3. We deliver everywhere in Belgium, the Netherlands, Luxembourg, France, Germany, Denmark, Norway, Sweden and Finland. In addition, we are quickly working on an expansion to other countries, so that in the long term orders can be placed from all over the EU.

  4. We deliver to the address you provided as the delivery address during the checkout procedure on our website. SOUNDBIRD reserves the right to pass on additional costs as a result of incorrectly entering the delivery address to the customer.

  5. You are obliged to ensure that delivery of the product(s) to the delivery address specified by you during the time window specified by you is possible. If delivery is not possible, you are in default of acceptance; any costs and damage will then be for your account.

  6. The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by SOUNDBIRD.

 

SHIPMENT CHARGES

Shipping costs are free in Belgium, the Netherlands and Luxemburg.

For all other countries in Europe a shipping fee of 100 EURO is charged.

For deliveries in USA (and other regions), please contact us via info@soundbird.eu for an ad hoc shipping quotation.

 

 

Article 7: Retention of title

 

If the buyer is a consumer, the risk of ownership passes to the buyer (i) as soon as the consumer or a third party designated by him, who is not the carrier, has acquired physical possession of the goods, or (ii) when SOUNDBIRD sends the products to the consumer, the risk remains with SOUNDBIRD until the products have been delivered to the consumer. The exception to this is when the consumer assigns the carrier or a third party to collect the products on behalf of the buyer, in which case the risk passes to the buyer when the products are handed over to the carrier or third party.

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Article 8: Right of withdrawal

 

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from SOUNDBIRD.

 

IF THE RIGHT OF WITHDRAWAL IS APPLICABLE

 

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.

 

The right of withdrawal period will expire 14 calendar days after the date (2 options):

 

  1. when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier”.

  2. when the last of the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier”. (in case of partial delivery)

 

To exercise the right of withdrawal, the Customer must notify SOUNDBIRD (info@soundbird.eu) in an unambiguous statement about their decision to withdraw from the agreement.

 

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.

 

In any event, the Customer has no later than 14 calendar days from the day that they notify SOUNDBIRD of their decision to withdraw from the agreement to send back or hand over the goods to SOUNDBIRD (Goudbloemlaan 31, 2970 Schilde, Belgium). The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

 

The direct costs for returning the goods shall be borne by the Customer.

 

Only articles in perfect condition that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned. Pictures of the product and packaging must be send to prove perfect condition prior to returning the goods.

If the Customer withdraws from the agreement, SOUNDBIRD shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that SOUNDBIRD was notified by the Customer of their decision to withdraw from the agreement. However, SOUNDBIRD is entitled to wait on the reimbursement until all the goods have been sent back and proven to be in good condition.

 

If the returned product is reduced in value in any way, SOUNDBIRD is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.

 

SOUNDBIRD shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

 

IF THE RIGHT OF WITHDRAWAL DOES NOT APPLY

 

The Customer may not exercise the right of withdrawal for the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.

 

Article 9: Guarantee

 

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.

 

To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods, order confirmation and invoice.


For articles purchased online and are delivered to the home of the Customer, the Customer must contact the SOUNDBIRD customer service and to return the product at their own expense to SOUNDBIRD (Goudbloemlaan 31, 2970 Schilde, Belgium).

Upon detection of a deficiency, the Customer must inform SOUNDBIRD as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.

 

The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.


Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.

 

Article 10: Customer service


SOUNDBIRD customer service can be reached at phone number via e-mail at info@soundbird.eu  or by mail at the following address: Goudbloemlaan 31, 2970 Schilde, Belgium. Any complaints can be made through the aforementioned customer services contact methods. [If applicable: describe here the business’s policy for the handling of complaints.]

 

Article 11: Penalties for non-payment


Without prejudice to the exercise of any other rights that SOUNDBIRD is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.


Without prejudice to the foregoing, SOUNDBIRD is entitled to take back the unpaid or incompletely paid for articles.

 

Article 12: Privacy

 

The responsible party for processing personal data, SOUNDBIRD respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.

 

The personal data you share with us is used only for the following purposes: the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose. The legal bases are performance of the contract, consent, compliance with legal and regulatory obligations and/or the legitimate interest of the company.

 

You have a statutory right to access, correct, supplement or remove your personal data. In a number of cases listed in the GDPR, you may also ask us to limit the processing of your personal data. You have the right to object to the processing of your Personal Data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your Personal Data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.

 

In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself.

 

To exercise your rights you can always contact us in the aforementioned manner at info@soundbird.eu.

 

We treat your information as confidential and shall not communicate, rent or sell it to third parties. However, It is possible that the personal information received from you may be communicated to our collaborating businesses: Joinery and logistics partners.

 

For more information, see our Privacy Policy.

 

 

Article 13: Use of cookies

 

Our website uses cookies and similar technologies. This helps us to provide you with a better experience when you visit our website and also allows us to optimise our website. Without your prior consent, we only place those purely functional cookies that are necessary for the proper functioning of our website. For all other cookies, we ask for your prior consent.

 

For an overview of all cookies that our website places on your device, please refer to our Cookie Policy.

 

On your first visit to our Website, you will be asked to accept our cookies. You can manage your choices at any time afterwards.

 

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive.  To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.

 

Article 14: Invalidation - non-relinquishment


If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by SOUNDBIRD to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

 

Article 15: Amendments to the Terms


These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of SOUNDBIRD. In case of inconsistencies, the present Terms take precedence.


Article 16: Proof


The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
 

Article 17: Applicable law - jurisdiction

 

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the district Antwerp have jurisdiction in the case of any disputes.

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