TERMS AND CONDITIONS
General terms and conditions for online orders at www.birthe.com We would like to inform you about our general terms and conditions that govern how we process and handle your purchases. You must accept these general terms and conditions prior to ordering; they are an integral part of the contract. These general terms and conditions apply to the contract between yourself and your contractor B-Entertainment LP. The offers on our website www.birthe.com are exclusively intended for consumers who make the purchase for a purpose that cannot be attributed to either their commercial or professional activities. The website www.birthe.com offers merchandise items for sale from the artist BIRTHE.
1. CONCLUSION OF THE CONTRACT AND DELIVERY OF ITEMS
1.1 By placing your order you declare that you are acting solely for private purposes.
1.2 For online orders on www.birthe.com, contracts are currently only concluded in Dutch or English. When you order items, you conclude a contract with B-Entertainment LP – Gasklokstraat 10, 9000 Ghent, BE.
1.3 To purchase an item, and therefore to place an order, you will have to add the item to your shopping cart. You can then choose the quantity you want to order of the item, according to available stock. Next, you will have to fill in your customer details, choose the delivery and payment method, and, if necessary, use your discount code. Afterwards you can check the details of your order and, if necessary, detect and correct input errors before placing the order. By clicking on “place order”, you place a binding order for the items in your shopping cart and fulfill the payment obligation. After you have placed your order, we will send you a confirmation of your order by email. The contract is binding as soon as you have received confirmation of the order from us. This contract is binding once we have received payment of the full purchase price and shipping costs. These items will only be shipped once we have received payment of the full purchase price and shipping costs.
1.4 The invoice, delivery note, identity and bank details of the beneficiary for payment will be attached to the email confirming your order. This beneficiary for payment of the ordered items is B-Entertainment LP (Gasklokstraat 10, 9000 Ghent, BE – [email protected] / +32 468 00 09 78 – IBAN: BE31 0019 7434 3555 – BIC: GEBABEBB). The confirmation of the order with attachments serves as a notification of the transfer for payment of the ordered items and of the claim for reimbursement upon exercise of the right to withdraw. Contractor B-Entertainment LP hereby obtains the right, in the event of non-payment or incomplete payment of the amount owed by you, to initiate amicable or judicial recovery against you, in its own name and account, in accordance with these general terms and conditions. Conversely, when exercising your right to withdraw, you are entitled to reimbursement of the ordered and paid items with regard to B-Entertainment LP.
1.5 Please note that our commitment to deliver your order is exceptionally suspended in the following situation because, in our opinion, it is considered a force majeure situation: If a late, incorrect or damaged delivery occurs due to external delivery services, although we have followed the appropriate ordering procedures, and this only if the late delivery by our external delivery services is not due to a prior shortcoming by us. We have the right not to accept the purchasing risk with regard to the ordered items.
1.6 If merchandise is unavailable due to running out of supplies, we will refund any payments made by you without undue delay. We cannot be forced to purchase the ordered items elsewhere, as we do not accept the purchasing risk, even for type goods (of which only the type and properties of the goods are stated). Any liability for unavailable items will in each case be limited to the prompt refund of the amount paid by you for the unavailable items.
1.7 We deliver in Europe. When time periods are expressed in working days, working days mean all days from Monday to Friday, excluding statutory holidays.
1.8 We reserve the right not to accept an order or to cancel the order if it has been placed through the use of software, a robot, crawler, spider or automated system or scripted behaviour and the use of external services to place an order on your behalf.
2. PRICES, SHIPPING COSTS, DELIVERY AND TRANSFER OF OWNERSHIP
2.1 The prices stated on the date of the order apply. The prices stated are final and total prices, VAT included.
2.2 The items remain our property until full payment of the purchase price and, if applicable, the shipping costs.
2.3 Express delivery is optional and only possible for certain orders. When you place your order you will see if this option is available for your specific order and what it costs. If you chose for an express delivery, the items will be delivered within two working days. If the items do not arrive within this shipping time, we will refund the shipping costs.
2.4 Depending on the order, delivery costs will be charged. These costs are calculated based on weight, size, shipping address or other specifications.
3. PAYMENT
3.1 In general, we accept the following payment methods through the payment service provider ‘Mollie B.V.’: Credit and debit cards, Bancontact, payment through Paypal and payment through Apple Pay. We reserve the right not to accept certain payment methods for a specific order and to refer to other payment methods. Please note that we only accept payments from accounts within the European Union (EU). You are responsible for any charges associated with the payment transaction.
3.2 In case of purchases made by credit card, the purchase will be charged to your credit card before we ship your order.
4. DISCOUNT COUPONS AND REDEMPTION
4.1 Discount coupons are coupons that cannot be purchased, but are issued during advertising campaigns; their validity period is limited in time.
4.2 Discount vouchers can only be redeemed once in the context of an order, and only within the specified period. Discount vouchers may not be used to purchase gift vouchers. Please note that a minimum purchase value may be required to use coupons.
4.3 The value of the items must equal or exceed the value of the coupon. If the discount voucher is insufficient for the value of the items, the difference will have to be paid using one of the accepted payment methods. The value of discount vouchers will not be paid out in cash nor will they accrue interest. Discount coupons will not be refunded if all or some items are returned.
4.4 Discount vouchers can only be redeemed before you complete the order. If you wish to redeem a discount voucher, you will need to enter your promotional code during the ordering process, and more specifically when you choose your payment method, before proceeding with payment. After payment it is no longer possible to use discount vouchers retroactively. Discount vouchers may not be passed on to third parties. Unless otherwise agreed, it is not possible to combine multiple discount vouchers.
4.5 If you have used a discount voucher on your order and, as a result of a cancellation by you, the total value of your order becomes less than or equal to the value of your discount voucher, we reserve the right to charge you the original price charged for the items you keep.
5. GIFT CARDS AND EXCHANGE OF GIFT CARDS
Not applicable.
6. LEGAL RIGHT OF WITHDRAWAL WITH REGARD TO ARTICLES OF B-ENTERTAINMENT LP PLEASE READ AND FOLLOW THE FOLLOWING INFORMATION AND GUIDELINES.
Information regarding the right of withdrawal: 6.1 You have the right to withdraw from the agreement within a period of 14 days without giving any reason and without costs (except for the costs stated in Articles 6.4 and 6.7). The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, acquires physical possession of the last good.
6.2 To exercise the right of withdrawal, you must inform us (by regular mail: B-Entertainment LP – Gasklokstraat 10, 9000 Ghent BE, by telephone: +32 (0)468 00 09 78, or by e-mail: [email protected]) of your decision to withdraw from the contract by an unequivocal statement. You can use the attached model withdrawal form (Article 6.10), but you are not obliged to do so. To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Limitation of the right of withdrawal 6.3. B-Entertainment LP provides a seal to goods that are not suitable for return after opening or changing the packaging for reasons of health protection or hygiene. This includes, but is not limited to, cosmetics and goods intended for preserving or storing foodstuffs. When delivering such sealed goods, you can only exercise the right of withdrawal provided that the original seal is intact.
Consequences of the withdrawal 6.4 If you withdraw the agreement, you will receive all payments you have made at that time back from us, including delivery costs (with the exception of any additional costs resulting from your choice of a different method of delivery than the cheapest standard delivery offered by us) without delay and in any case not later than 30 days after we have been informed of your decision to withdraw from the contract.
6.5 We will refund you using the same payment method you used for the original transaction, in accordance with Article 9, unless you have expressly agreed otherwise; in any case, no costs will be charged for this refund.
6.6 You must return the goods to us without delay, but in any case no later than 14 days after the day on which you communicate your decision to withdraw from the contract, to us (B-Entertainment LP – Gasklokstraat 10, 9000 Ghent BE, by telephone: + 32 (0)468 00 09 78, or by e-mail: [email protected]). We recommend that you use a return label drawn up by us for your return. You can request a return label free of charge by email ([email protected]). You are on time if you return the goods before the period of 14 days has expired.
6.7 Only if you use the return label provided by us for shipping from the country in which the delivery took place, we will bear the return shipping costs. If you do not use the return label that we have provided, you will have to pay the return shipping costs yourself. Please note that in this case the costs will largely depend on the applicable price of the shipper of your choice.
6.8 We may wait with reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever comes first.
6.9 You are only liable for any diminished value of the goods resulting from use of the goods that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
MODEL FORM FOR WITHDRAWAL 6.10 If you wish to withdraw from the contract, please complete this form and return it to us: To: B-Entertainment LP – Gasklokstraat 10, 9000 Ghent, BE or by email: [email protected]
I/we (*) hereby give notice that I/we (*) withdraw (*/**) our contract regarding the sale of the following goods:
— ordered on / received on (*)
— your name/names:
— Your address:
— Your signature (only when this form is submitted on paper):
— Date:
(*) Delete what is not applicable.
(**) By completing this form, I understand that, with regard to sealed goods, I can only exercise the right of withdrawal provided that the original seal is intact. B-Entertainment LP has the right to refuse the withdrawal if it receives the goods back without seal or with broken seal.
7. REFUNDS
Any refund will be made automatically to the account you used for payment. If you paid through Paypal or credit card, the refund will be made to your Paypal or credit card account.
8. CUSTOMER SERVICE
For questions/complaints/comments regarding a product or order, you can contact us by email, telephone or via the contact form on our website.
9. LIABILITY FOR DEFECTS AND FURTHER INFORMATION
9.1 Our liability for defects is governed by the applicable legal provisions.
9.2 Our general terms and conditions can be viewed at www.birthe.com.
9.3 The offers available on www.birthe.com can be accepted by persons at least 18 years old.
9.4 Each user is entitled to have only one account on www.birthe.com at any time. We reserve the right to delete multiple registrations.
9.5 You can also easily archive the details of your order by either downloading the terms and conditions and using the appropriate functions in your web browser to save the summary of your order as it appears on the last page of the ordering process in the webshop, or by waiting for the automatic confirmation of the order, which we also send to the e-mail address you indicated after completing your order. The order confirmation email includes the details of your order and our terms and conditions and can easily be printed or saved with your email program. We archive the contents of your contract for a maximum of three years.
9.6 The European Commission offers consumers a platform for alternative dispute resolution. Consumers can settle their dispute regarding an online order without the intervention of a court. You can access the online dispute resolution platform via this URL link: http://ec.europa.eu/odr/.
9.7 The application of the Vienna Sales Convention on International Sales Contracts (1980) is expressly excluded.
9.8 If one or more provisions of the general terms and conditions are void, this will not affect the validity of the other provisions.
Kind regards, B-Entertainment LP – Gasklokstraat 10, 9000 Ghent, BE. BTW/VAT: BE 0765 410 766 Last updated on Aug 19, 2024
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B-Entertainment LP Gasklokstraat 10, 9000 Ghent BE BTW/VAT: BE1006 474 572 IBAN: BE31 0019 7434 3555 – BIC: GEBABEBB