Conditions générales
General sales values:
Company data:
Used-djgear
GDJ Technics BV
Erkestraat 1, 3910 Pelt
Belgium
jonas@used-djgear.com
+32 472058734
Company VAT number: BE0753980109
Article 1: General provisions
The e-commerce website of
Used-djgear, a business with registered office at Erkestraat 1, 3910
Pelt, VAT number: BE0753980109, offers its customers the possibility to
purchase the products from its web store online.
These General
Terms and Conditions ("Terms") apply to every order placed by a visitor
to this e-commerce website ( "Customer"). When placing an order through
the Used-djgear webshop, the Customer must expressly accept these Terms
and Conditions, by which he agrees to the applicability of these Terms
and Conditions, to the exclusion of all other terms and conditions.
Additional terms and conditions of the Customer are excluded, unless
they have been accepted beforehand, in writing and expressly by
Used-djgear.
Article 2: Price
All prices quoted are in
EURO. If delivery, reservation or administrative costs are charged,
this will be stated separately. The statement of price refers
exclusively to the articles as described verbaly. The accompanying
photos are indicative and may contain elements that are not included in
the price.
Article 3: Offer
Despite the fact that the
online catalogue and the e-commerce website are compiled with the
greatest possible care, it is still possible that the information
offered is incomplete, contains material errors, or is not up to date.
Obvious mistakes or errors in the offer do not bind Used-djgear. As far
as the accuracy and completeness of the information offered is
concerned, Used-djgear is only bound by a means commitment. Used-djgear
is under no circumstances liable in the event of manifest material
errors, typesetting or printing errors.
When the Customer has specific questions about e.g. sizes, color,
availability, delivery time or method of delivery, we ask the Customer
to contact our customer service department in advance via jonas@used-djgear.com or +32 472 05 87 34.
The offer is always valid while stocks last and can be adjusted or withdrawn by Used-djgear at any time.
Used-djgear cannot be held responsible for the unavailability of a
product. If an offer has a limited period of validity or is made subject
to conditions, this will be expressly stated in the offer.
Article 4: Delivery and execution of the agreement
Articles
ordered via this webshop are delivered in all EU countries and UK. Once
the order has been placed we will do everything we can to ship the
order as soon as possible (1-2 working days). Delivery is done by Bpost
and UPS. The shipping costs for Belgium, the Netherlands, Germany,
France, Luxemburg & Austria are free. The shipping costs for other
countries vary depending on the destination and will be calculated when
the order is completed. The average delivery time is 2-7 working days.
Unless otherwise agreed or expressly stipulated, the goods shall be
delivered to the Customer's place of residence within 30 days of receipt
of the order.
Any visible damage and/or qualitative defect in an
article or other delivery failure must be reported by the Customer to
Used-djgear immediately, at the latest within two (2) months.
The
risk of loss or damage shall pass to the Customer as soon as he (or a
third party designated by him that is not the carrier) has acquired
physical possession of the goods. However, the risk shall already pass
to the Client upon delivery to the carrier, if the carrier has been
instructed by the Client to transport the goods and this choice was not
offered by Used-djgear.
Article 5: Retention of title
The delivered articles remain the exclusive property of Used-djgear
until the moment of full payment by the Customer. The Customer
undertakes to make third parties aware of Used-djgear's retention of
title, if necessary, e.g. to anyone who would be seized of items that
have not yet been paid for in full.
Article 6: Right of withdrawal
The provisions of this article apply only to Customers who, in their
capacity as consumers, purchase items online from Used-djgear. The
Customer has the right to revoke the agreement within a period of 14
calendar days without giving reasons. The withdrawal period expires 14
calendar days after the day on which the Customer or a third party
designated by the Customer, other than the carrier, acquires physical
possession of the item.
In order to exercise the right of
withdrawal, the Customer must inform Used-djgear, Erkestraat 1, B-3910
Pelt, +32 472 05 87 34, jonas@used-djgear.com of its decision to
withdraw from the contract by means of an unequivocal statement (e.g. in
writing by post or e-mail). For this purpose, the Customer may use the
attached model revocation form (at the end of these General Terms and
Conditions of Sale), but is not obliged to do so.
In order to
meet the revocation deadline, the Customer must send his notice
concerning his exercise of the right of revocation before the revocation
deadline has expired.
The Customer must return the goods to
Used-djgear, Erkestraat 1, B-3910 Pelt without delay, but in any case no
later than 14 calendar days after the day on which it communicated its
decision to revoke to Used-djgear. The Customer is on time if he returns
the goods before the period of 14 calendar days has expired.
The costs of returning the goods are for the account of the Customer.
If the returned product has in any way diminished in value, Used-djgear
reserves the right to hold the Customer liable and to claim
compensation for any diminished value of the goods resulting from the
Customer's use of the goods that goes beyond what is necessary to
determine the nature, characteristics and operation of the goods. If the
equipment has been opened, attempted to repair or repaired, the right
of withdrawal lapses.
One item that is in its original packaging,
together with all accessories, any instructions for use and invoice or
proof of purchase can be taken back.
If the Customer revokes the
agreement correctly, Used-djgear will refund to the Customer all
payments received from the Customer up to that time, including any
delivery costs, within a maximum of 14 calendar days of Used-djgear
being informed of the Customer's decision to revoke the agreement. In
the case of sales agreements, Used-djgear may wait until it has received
all the goods back.
Eventual additional costs resulting from the
Customer's choice of a method of delivery other than the cheapest
standard delivery offered by Used-djgear will not be refunded.
Used-djgear
will reimburse the Customer using the same means of payment with which
the Customer carried out the original transaction, unless the Customer
has expressly agreed otherwise; in any event, the Customer will not be
charged any costs for such reimbursement.
Article 7: Warranty
By virtue of the Act of 21 September 2004 on the protection of
consumers when selling consumer goods, the consumer has legal rights.
For second-hand goods, the legal warranty period is one year. This legal
guarantee is valid from the date of delivery to the first owner.
In order to invoke the guarantee, the Customer must be able to present
proof of purchase. For items purchased online and delivered to the
Customer's home, the Customer must contact Used-djgear customer service
and return the item to Used-djgear at his own expense.
When a
defect is found, the Customer must inform Used-djgear as soon as
possible. In any case, any defect must be reported by the Customer
within a period of 2 months after it has been determined. After this
period, any right to repair or replacement expires.
The
(commercial and/or legal) warranty never applies to defects that arise
as a result of accidents, neglect, falls, use of the article contrary to
the purpose for which it was designed, failure to comply with the
instructions for use or manual, adjustments or modifications to the
article, heavy-handed use, poor maintenance, or any other abnormal or
incorrect use. If the equipment has been opened, attempted to repair or
repaired, the warranty becomes null and void.
Defects that
manifest themselves after a period of 6 months following the date of
purchase, delivery if applicable, are deemed not to be hidden defects,
subject to proof to the contrary by the Customer.
If the device
is still under warranty, Used-djgear will attempt to repair/replace the
device within 6 weeks and return it to the customer.
Article 8: Customer service
Used-djgear's customer service is available at the telephone number +32
472 05 87 34, by e-mail at jonas@used-djgear.com or by post at the
following address: Erkestraat 1, B-3910 Pelt. Any complaints can be
addressed to this address.
Article 9: Liability
The total
liability of Used-djgear shall at all times be limited to fifty (50)% of
the invoice values of the good in question and per claim, unless in the
event of fraud, intentional fault or gross negligence.
Used-djgear shall however not be liable for:
- Defects or damage caused by an accident, careless use, use for purposes for which the good is not intended.
- Activities that are normally the subject of maintenance activities.
Article 10:
Privacy policy:
General provisions
- Processing controller for personal data is Used-djgear (hereinafter referred to as "Processing controller");
- The contact details of the processing controller are:
- address: Erkestraat 1, 3910 Pelt, Belgium
- e-mail: jonas@used-djgear.com
Purposes of the data processing
Executing the agreement
- Creating a personal account;
- Correctly executing the agreement;
- Preparation of invoices and billing information;
- Customer service;
Purchases in a webshop
- The implementation and compliance with the agreement on the purchase of products or services in the webshop (including delivery of the products);
- Processing orders and any after-sales services;
- The preparation of invoices and billing information;
- Checking your age to be able to check whether you are of legal age to make purchases online;
Direct marketing
- Sending marketing campaigns. You can deregister for this free of charge via the opt-out in the e-mail;
Necessary functioning of the company
- Improving the service;
- Preventing the misuse or improper use of the service;
- The preservation of personal data as evidence or for the initiation of legal proceedings;
Complying with legal obligations
- Complying with legal obligations (for example in the context of anti-money laundering legislation).
The Customer is not obliged to share personal data with Used -djgear, but if the Customer does not provide the requested personal data, it is possible that Used-djgear cannot provide the desired services and / or products.
Legal basis for data processing
The data processing "execution of the agreement" and "purchases in a webshop" are based on the execution of the agreement or, at the request of the Client, to take measures before the conclusion of the agreement.
The data processing "direct marketing" is based on the explicit consent of the Customer.
The data processing "necessary functioning of the company ”Is based on the justified interest of Used-djgear (only and when the justified interest of Used-djgear outweighs the interest of the Customers). These interests have been explained above.
The data processing "comply with legal obligations" takes place to meet the legal obligations that rest on Used-djgear.
Duration of the storage of personal data
Used-djgear only stores the personal data for as long as this is
necessary for the exercise of the above-mentioned purposes. Since the
retention period depends on the purpose, but also on the type of
personal data, the retention periods vary.
Recipients and processors of personal data
Third parties that process personal data of the Customer are
subcontractors of the Data Controller. Services from these
subcontractors are indispensable for the successful execution of the
contract for the purchase and processing of the electronic order between
Used-djgear and the Client.
In legally determined cases Used-djgear is obliged to communicate certain personal data to the well-defined authorities.
Subcontractors of the Controller are:
online store system;
courier services;
Rights of the Customer
In accordance with the Regulation the Client is entitled to:
1. the right to access personal data;
2. the right to rectification of personal data;
3. the right to delete personal data in the cases specified in article
17, paragraph 1 of the AVG, such as if you withdraw your consent or if
you object to processing for direct marketing. In that case, Used-djgear
will delete your data without delay, unless Article 17 (3) GTC applies;
4. the right to limit the processing of data, in the cases specified in Article 18, paragraph 1 of the AVG;
5. the right to object to the processing of personal data against a processing for direct marketing or based on Article number 6, paragraph 1, (e) or (f) AVG;
6. the right to data portability;
7. the right to withdraw the consent to the processing of personal
data, if the processing is based on this consent. This can be done via
the opt-out or via the contact details mentioned above.
8. the right to make a complaint to the supervisory authority in case of suspected violation of the Regulation.
Article 11: Cookie policy:
During a visit to the site 'cookies' can be placed on the hard drive of
your computer or mobile device. A cookie is a text file that is placed
by the server of a website in the browser of your computer or on your
mobile device when you consult a website.
The following cookies are used on the website:
- Strictly necessary cookies;
- Analytical or statistical cookies:
Used-djgear uses Google Analytics in this context. - Marketing and retargeting cookies;
- Cookies for social media: Some web pages on our website may contain social media plug-ins from various social media, such as Facebook or Instagram, so that the website visitor can easily connect to these social media channels. The social media service providers can place their own cookies on the website user's computer via these plug-ins. Used-djgear has no control over these cookies. On the website of the relevant social media service providers, the website user can find more information about how they use these cookies.
The strictly necessary cookies are based on the justified interest of Used-djgear (only and when the legitimate interest of Used-djgear outweighs the interest of involved).
When entering the website there will be a screen where the user must give explicit permission for the use of cookies. This can be done by clicking on the "Accept all cookies" button or via the "preferences" button to set the desired cookies yourself.
You can always have your consent to our use of revoke cookies by emailing us at jonas@dedjacademie.be or via https://www.used-djgear.com/pages/gdpr-compliance . You can also set your internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function).
Keep in mind that certain graphic elements may not appear correctly,
or that you will not be able to use certain applications, when you do
not activate certain cookies.
The retention period of the
cookies depends on the type of cookie. For example, a session cookie
will no longer be on your computer after you have stopped surfing.
Permanent cookies, on the other hand, remain on your computer, even
after you stop browsing, until they expire or you delete them.
Article 12: Impairment of validity - non renunciation
If
a provision of these Terms and Conditions is declared invalid, unlawful
or void, this will in no way affect the validity, legality and
applicability of the other provisions. The failure of Used-djgear at any
time to enforce any of the rights listed in these Terms and Conditions,
or to exercise any right thereof, will never be construed as a waiver
of such provision and will never affect the validity of these rights.
Article 13: Modification of Terms and Conditions
These Terms and Conditions are supplemented by other terms and
conditions to which explicit reference is made, and the general terms
and conditions of sale of Used-djgear. In case of contradiction, these
Terms and Conditions prevail.
Article 14: Proof
The Customer accepts that electronic communications and backups may serve as evidence.
Article 15: Applicable law - Disputes
Belgian law is applicable, with the exception of the provisions of
international private law concerning applicable law and with the
exception of the Vienna Convention on Contracts for the International
Sale of Goods.
The courts of the Consumer's place of residence
have jurisdiction in legal disputes. The Consumer may also contact the
ODR platform (https://ec.europa.eu/consumers/odr/).
Annexe 1: Model withdrawal form
Dear customer, you only need to fill in and return this form if you wish to withdraw from the contract.
To Used-djgear, Erkestraat 1, B-3910 Pelt, +32 472 05 87 34, jonas@used-djgear.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*):
Ordered on (*)/Object on (*):
Name/Names of consumer(s) :
Address of consumer(s) :
Signature of consumer(s):
Date :
Strike out what does not apply.