1. About these general conditions:
These general conditions cover the entire contractual relationship with regard to all sales transactions of any business units of the Beriato Group (us), with the exception of the general conditions of the customer, for our customers (you) via the websites:
If one or more points of these conditions are not legally acceptable or are only partly legally acceptable, this does not affect the validity of the remaining provisions.
By placing an order, the customer fully accepts all the current conditions.
2. Placing an order
To place an order, you must be over the age of 18.
You can place an order in compliance with the terms and conditions described on the website.
By placing an order, you offer to purchase the products selected under these conditions. We reserve the right not to accept this offer.
If your order is accepted, you will be informed by an order confirmation. This order confirmation is binding from the moment it is sent.
Your order will be filled subject to available stock. If the product is not in stock, you will be informed of this as soon as possible by letter or e-mail. You may then cancel the order or place another order.
The information in our advertising, brochures, other written material, on our websites or sent to you by our agents or employees are only an invitation to enter into negotiations and are not an offer as such.
All orders will be treated with the greatest care by Beriato Group.
The products will be delivered to the delivery address as indicated on your order form.
Ownership and risk of loss of products are transferred at the moment of delivery.
Everything possible will be done to deliver the products within 14 days after the date of issue of the order confirmation. If you have ordered several products at the same time, they may be delivered on different days.
Orders may be cancelled in writing at any time before delivery.
The prices of products are indicated in Euros, excluding VAT, posting and packaging costs or any taxes or other charges.
Intra-community purchases can be made on the Beriato Online Shop providing you are eligible to do so.
Products can be paid in one of several ways indicated in the payment section on the Beriato Shop.
If you are paying with a credit card, your order will not be processed until the card issuer has authorised payment.
If, on the basis of your specific profile, payment by bank transfer is allowed, please note that our invoices are payable within 15 days. If after this period has elapsed we have not received no (full) payment, you will be considered as in default and will owe interest in arrears of 1% per month. Both administrative and extra-legal and legal collection costs, incurred in connection with late payment, are borne by you. Administrative and/or extra-legal costs are at least 15% of the amount invoiced, with a minimum of EUR100.
Our invoices may only be validly contested by registered letter which reaches us five (5) working days after the date of the invoice concerned.
6. Right of return of products
You have the right to inform us by registered letter that you intend not to purchase the product concerned without being liable to pay any fine and without giving any reason for your decision within 14 calendar days.
Such cancellation is only acceptable if in writing and providing that the products concerned are in perfect condition for resale, in their original state (packaging, accessories, insert, etc.) and are returned unopened. The purchase of tickets can only be cancelled if the date of the event falls outside this period.
Any product that is damaged or incomplete will not be exchanged nor any money returned.
You may purchase those products indicated on the Beriato Shop and on the iTunes website. In the event of purchase of a product via the iTunes platform, the general conditions of that platform are applicable.
Purchased products may not be sold on to third parties or transferred to third parties under a commercial relationship.
8. Our liability
Our obligations and liabilities with regard to the delivery of the products are comprehensively indicated in these general conditions. We are not bound by any guarantees and conditions that are not expressly indicated in the present agreement.
We hereby expressly exclude the applicability of any guarantees relating to products or services which could form part of the agreement by virtue of the law or as a result of misconceptions or custom (including, but not limited to, those regarding quality and suitability for a particular purpose, reasonable care and expertise). In particular, we are not responsible for ensuring that the products are suited to your purposes.
In all cases, our total liability on the basis of the present agreement, whether or not the result of breach of contract, an unlawful act (including negligence) or otherwise, will be limited to the amount paid for the products or services concerned.
9. Export control
You hereby agree to adhere to all export laws. You hereby agree (i) not to export products to any country in conflict with any export law and (ii) not to export any products to any country which requires an export licence or other government approval without having all the necessary licences or other permits. You hereby guarantee that you are not located in, under the control of, possess the nationality of or are an inhabitant of any country to which export of products is prohibited by an export law.
10. Data protection
When you place an order, the data indicated on the order form will be registered, processed and used in order to process your order. Some of the information provided by you will be passed on to companies used for the dispatch of our products to you.
When placing the order, you will be asked to indicate on the part reserved for this purpose on the order form if you agree to have your data passed on to other companies within the Beriato Group or to companies where products can be purchased from the Beriato Online Store so that you can be informed of other products and services which may be of interest to you. If you do not agree to this, you must indicate this on the part reserved for this purpose on the order form.
Upon written request, you will be sent a copy of your personal data stored on our data file. We reserve the right to charge you any administrative costs for such a request. If your personal data stored on our data file are incorrect, these will be corrected after a written request has been received from you.
11. Force majeure
We will do our utmost to meet all the obligations emanating from the present agreement. However, we cannot be held responsible for delays or shortcomings resulting from circumstances beyond our control. We will try to meet our obligations as quickly as possible in the case of any delays.We will do our utmost to meet all the obligations emanating from the present agreement. However, we cannot be held responsible for delays or shortcomings resulting from circumstances beyond our control. We will try to meet our obligations as quickly as possible in the case of any delays.
12. Applicable laws and jurisdiction
The present agreement is governed by Belgian law. Every party recognises the exclusive authority of the courts of Antwerp to mediate in any disputes. The Beriato Group reserves the right to call on another authorised court if deemed necessary.