1. Scope of the Terms and Conditions
The Terms and Conditions describe the legal conditions of online transactions at the http://www.crushthebutton.com web site. It observes legislation in force in Belgium and Europe, particularly the laws on remote sales and e-business and protection of personal data (Belgian Consumer Protection Law of 12 April 2010). You must read these conditions and state that you accept them in order to make online transactions.
2. Applicability
These conditions apply to all transactions relating to offers and acceptances and/or sales contracts binding a legal entity acting in its own name or on behalf of a third party, whether or not on a professional basis (the Buyer), and bvba Rich Bugs sprl (the Vendor), through the latter's Internet site (www.crushthebutton.com). No other contractual provisions will be binding on the parties if they are not covered by a specific written document and reference.
3. Online contract
Online ordering process: brief description Buyers notify their details, and define their choice. They then notify their credit card details, are redirect to Paypal or asked to make a wire transfer. They are asked to explicitly confirm all their order details on a confirmation page. The online ordering process cannot produce any legal effect if the potential Buyer has not explicitly accepted these conditions and Rich Bugs' privacy policy. The Vendor configures its system in such a way as to enable Buyers to familiarise themselves with the aforementioned documents at all times during the ordering process, and at any rate prior to confirmation by the Buyers of their order details. Security, errors and filing The sales process is carried out within the secure framework of an encrypted connection (SSL connection). The Vendor configures its system in such a way as to enable Buyers to correct any errors made while completing the forms. The Vendor also takes charge of the conservation and filing of all relevant documents in connection with transactions carried out online. Existence of the Contract The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue from crush the button and showing the product line. The Vendor is not responsible for typographic errors or other errors on the website or our partners’ websites. The Vendor reserves the right to limit or cancel quantities of purchased items as well as refuse service to anyone. Prices and availability are subject to change without notice. Errors will be corrected where and when discovered, and the Vendor reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted.By clicking the ‘Send Order’ button, the Buyer agrees to buy the goods in the cart, and this order is legally binding. The Buyer receives an order confirmation immediately after the order is transmitted. Alternatively, we may also confirm the order by sending a crush the button separate email or by initiating the product delivery. The firm Rich Bugs reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the Buyer will be notified immediately. All reciprocations and considerations of any kind provided by the Buyer beforehand will be reimbursed. It is then excluded that further legal claims be raised by the Buyer against the firm Rich Bugs. Each separate order will constitute a separate contract subject to these conditions. The Vendor is fully entitled to refuse to confirm an order for any motive it deems reasonable. Localisation of the Contract In the absence of any written disposal to the contrary, all contracts drawn up online will be subject to these conditions, and will be deemed to have been drawn up at the registered address of the Vendor, i.e. Ottignies, Belgium.
4. Delivery - Force Majeure
The dates of dispatch and delivery are indicative data. The Vendor nevertheless undertakes to do all possible to deliver the goods within 30 days of the sales confirmation e-mail. Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by the Vendor, the risk automatically transfers to the Buyer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the Buyer The Vendor is entitled to carry out partial deliveries. It cannot accept any liability in the event of erroneous indications of the delivery address by the Buyer. Claims for damages against the Vendor arising from non-fulfilment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.
5. Warranty - Defects - Reimbursement
All new items sold at Crush the button come with a 2-year warranty. Some manufacturers offer additional factory-warranty, this does not affect your statutory rights and this does not engage Crush the button. All second hand/vintage items comes with a limited 3-months warranty. Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the Buyer or by a third party not authorized by the Vendor, are not protected by warranty. Naturally occurring signs of wear are equally excluded from warranty protection. The warranty is limited to factory faults only. The warranty does not cover abuse or misuse of the unit. E.g. if you used the wrong powersupply and burned out the unit you will have to pay for the repair. The Buyer must notify any detectible transportation damages and any non-conformities within 2 business days of delivery and in written form. Hidden damages must be reported within 30 days of their discovery, and in any case not more than 90 days after delivery. Packaging damages are to be confirmed in written form by the transportation company upon delivery. All claims not made within these deadlines will be inadmissible. Should the Buyer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery. No goods may be returned to the Vendor without its written agreement. The Buyer may be reimbursed within a reasonable period of time if the flaw affecting the item sold has been demonstrated and if the Vendor does not choose for repair or exchange.
6. Limitations on the guarantee
The Vendor cannot be held liable for any direct or indirect damage arising from usage of the item sold, even on the assumption that the possibility that such damage may arise has been notified. Deprivation of enjoyment of the item sold, loss of data, loss of profits and increased costs and expenses, including operating losses, loss of business etc. are specifically excluded from the guarantee.
7. Price - Transportation - Taxes
The price is stipulated in Euros. The Vendor reserves the right to modify its prices at any time, although products will be invoiced on the basis of the rates that were in force at the time of the order and stipulated in the order confirmation e-mail. The Buyer pays all duties and taxes applicable to the sale, including VAT.
8. Retention of Ownership - Transfer of Risk
Until all payment responsibilities have been fulfilled by the Buyer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the Vendor. The Vendor reserves its right of property until the full remittance of the purchase price. The Buyer is not authorized to tender the goods to third parties until the purchase price has been paid in full. The Buyer is not authorized to take any other measures which would endanger the property of the Vendor. Already now, the Buyer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the Vendor and the Buyer, including interest and any subsidiary demands to be brought against the Vendor. The Vendor accepts this relinquishment of rights. The risk of the item sold is transferred to the Buyer when it is delivered to the carrier.
9. Right of Refund – statutory right of withdrawal
Pursuant to Belgian legislation and the principles of European law governing remote sales, consumers (individuals) may withdraw from the contract in writing (e.g. letter, fax, email to info@crushthebutton.com) within 14 days without giving any reason or - if the item has been delivered before expiry of said term - by returning the good(s). The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery). In case the Buyer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the Buyer shall compensate the Vendor for the lost value. Incidentally, the Buyer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss. The obligation to return received payments shall be fulfilled within 30 days. For the Buyer the grace period starts with the date the cancelation is sent or the object is returned; for the Vendor, the grace period begins with the receipt of the cancelation or the returned goods. Any costs of returning the good(s) are borne by the Buyer, who also undertakes to return the products concerned as new and in their original packaging along with all included materials and in perfect. Products returned in undesirable condition (scratched, nicked, or modified) may be subject to a restocking fee of up to 50% of the purchase price. The good(s) must be returned within 45 days within reception by the Buyer. All guitar and amplifier purchases must be returned within 15 days of receiving the unit with all original packaging and materials. No label must be attached to the manufacturer’s box and a shipping box must be used for packing the return. Any shipping service may be used to return the package to the Vendor but it is recommend some sort of tracking or delivery confirmation and insurance. Lost packages happen; this will help protect from loss. Distance Selling Regulations void the right of withdrawal for deliveries of tailor made products or products which have been manufactured according to the Buyer's specifications. The same applies for products which due to their nature are unsuitable for a return, such as perishable products or products where the expiry date has passed. Furthermore, Distance Selling Regulations void the right of withdrawal for deliveries of audio and video recordings, or software with a broken seal. Rights of return are to be considered forfeited if the goods have been manufactured or altered according to the order of the Buyer‘s specification i.e. Custom built cases. This also applies to goods the Vendor considers under the heading of "consumables" such as strings, sticks, drumskins, cables, bulbs, reeds and plectrums, or "Hygeinic" such as harmonicas for e.g. Should the Buyer make use of refund rights, the Vendor has the right to demand an appropriate compensatory payment for the period of time during which the goods remained in possession of the Buyer. Furthermore, the Buyer exercising his right of refund must compensate the Vendor for any diminishment in value or for the complete value of the goods, to the extent the Buyer was not able to return the goods in orderly condition, as the Buyer is responsible for the ruination, perishability or other deficiency of the delivered wares. This does not hold true in respect to the ruination of goods whose damaged condition was caused exclusively by a standard examination, as would have been possible in a normal shop. Moreover, the duty of value compensation can be avoided by not making use of the article as the proper owner would, and by refraining from any acitivity which would reduce the value of the good. In case the Buyer returns individual items from bundled merchandise or sets within the 14-day cancelation period, the Vendor will charge the Buyer the regular sales price for the retained items.
10. Payment
Invoices sent by the Vendor – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay. The Vendor reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The Buyer bears the banking fees. Should the Buyer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard Belgian interest rate for the period of delinquency. In the event the Vendor is in a position to substantiate greater damages caused by delay, the Vendor reserves the right to raise corresponding legal claims.
11. Intellectual property
The Vendor is the owner of intellectual property rights concerning the the domain name. The Vendor will not take any responsibility for infringement if the item sold has been associated with other products by the Buyer.
12. Data Protection
The Vendor collects, uses and diffuses personal data concerning the Buyer for the sole purpose of carrying through the order. In any event, the Vendor is governed by Belgian law and the http://www.crushthebutton.com/privacy site included with respect to these conditions. The Buyer may not place a valid order without accepting the Terms and Conditions. Any queries concerning data protection or any requests for rectification may be addressed to info@crushthebutton.com
13. Consumer Rights
These Conditions were drawn up pursuant to Belgian law, and are updated on a regular basis. If any clause in these Conditions is found to be contrary to Belgian legislation governing consumer protection, the latter will prevail.
14. Modifications
These general Rich Bugs e-business conditions - constituting version 01 - may be unilaterally modified by Rich Bugs, and are immediately applicable as soon as they are posted on the site. Users of the site must conduct regular checks for the publication of any new versions. These conditions constitute the only agreement between the parties, and thus replace any other document or agreements drawn up previously.
15. Laws Applicable - Court Jurisdiction
These conditions are subject to Belgian law. The exclusive place of jusrisdiction for any legal proceeedings against Vendor is Nivelles, in Belgium. The same holds true for legal action taken by the Vendor against its customers, i.e. to the extent the Buyer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
16. Final Clause
Should any of these individual contractual conditions -for which reasons whatsoever- not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.