Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE OF S2 STORE APPLICABLE TO DISTANCE SALES (version 09/12/2020)

1. ORDER AND QUOTATION

The specifications, prices and quotations are made subject to all reservations and are based on the current values of wages, raw materials and currency parities. If these undergo changes, we reserve the right to adjust prices proportionally. Our products can be delivered as long as stocks last. In case of depletion, the customer will be notified immediately. All placed orders are immediately payable via electronic payment methods, as described on our website. By placing your order, you indicate that you agree to these delivery and/or payment terms.

2. CANCELLATION & RIGHT OF WITHDRAWAL

At S2 Store, the consumer has the option to withdraw from the distance contract without giving any reason, for a period of thirty (30) days after the conclusion of the agreement. (See exceptions to the right of withdrawal)

The order is deemed to have been placed the day after an electronic order form has been returned via our website. In the absence of timely cancellation of the purchase, it will be considered final.

Cancellation of the order is only possible via our website (form) or email addressed to our registered office at 3600 Genk (Belgium), Zuiderring 62.

The costs incurred by returning the product are borne by the buyer. The risk of perishing during this return is also borne by the buyer.

In the event of non-payment of the purchase price, the buyer owes a fixed compensation of 10% of the total value of the goods not taken, unless the seller proves higher damage.

If both buyer and seller are unable to execute the agreement due to force majeure, the seller reserves the right to terminate the agreement without any claim for compensation.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Cancellation or withdrawal of the sale and return of the purchased goods is not possible for products belonging to one or more of the following categories:

• Products subject to wear and tear:
• lamps
• mechanical components
• LEDs
• switches
• belts
• tubes (including built-in ones)
• batteries (including rechargeable ones)
• laser diodes
• (cross)faders
• flight cases
• tapes
• potentiometers, etc. …
• Sealed products of which the seal has been broken:
• Boxed versions of software
• Liquids
• Fillings
• License codes and software downloads
• Products that cannot be returned for hygienic reasons:
• In-ear headphones when packaging has been opened
• Earplugs and hearing protection

3. DELIVERY & DELIVERY PERIODS

The agreed delivery periods are only for information and do not bind the seller. Delay in delivery does not give the right to compensation, nor to dissolution of the agreement.

The goods are shipped at the buyer's risk. The transport costs, even if the transport is exceptionally organized by the seller, are for the account of the buyer. The prices stated on our order form clearly indicate the purchase price and the delivery costs.

4. COMPLAINTS & LIABILITY

Complaints regarding visible defects and deliveries must reach us in writing within 7 calendar days after delivery and in any case before the use or resale of the goods. The seller will only be liable for a lack of conformity or non-conformity of the delivered good at the time of delivery if it is reported in writing no later than 2 months after delivery. After this, the seller can no longer be held liable by the buyer and the buyer loses all right to compensation. Within this period, the seller will proceed to deliver another good of the same quality and specifications.

The seller cannot be held liable for costs or damage arising from poor assembly, incorrect use or poor maintenance of the sold products. Nor is he liable for direct or indirect damage to third parties from whatever cause, contractual or extra-contractual.

The buyer indemnifies the seller for this and explicitly declares to waive any claim based on product liability legislation. He will address the manufacturer or his legal successors.

The seller disclaims all liability for manufacturing defects as well as for accidents, malfunctions, unsuitability, damage, costs, etc. which result from assembly, from changes of whatever nature made to his devices without his express and written permission or from incorrect handling of the material, from normal wear and tear or overload, unsuitable use, etc. further...

5. WARRANTY

The sold devices are guaranteed for 24 months from delivery against manufacturing defects. Any defect thus recognized in a part will lead to its replacement. Under no circumstances can a refund of the purchased part or payment of any damage for whatever reason be made. Any complaint must be addressed to the registered office of the seller, failing which it will be forfeited, and this by registered letter within 8 days after the discovery of the defect. Any complaint outside the aforementioned period can no longer be accepted.

6. PAYMENTS

All placed orders are immediately payable via electronic payment methods, as described on our website.

In case of non-payment or late payment, the seller reserves the right to stop or suspend further deliveries.

He can also demand that the agreement be considered dissolved by operation of law and without prior notice of default for the whole or the part not yet executed.

In case of non-payment of the invoice, all due sums become immediately due and payable, even if prior payment facilities had been agreed upon and even if bills of exchange had been drawn on the buyer.

The seller reserves the right to consider the agreement dissolved by operation of law and without prior notice of default in case of bankruptcy, apparent insolvency as well as any change in the legal status of the buyer.

7. RETENTION OF TITLE

As long as the delivered goods have not been paid for, they remain the property of the seller, even in case of bankruptcy or liquidation, or insolvency of the buyer. The buyer undertakes not to resell, alienate or pledge the delivered goods until full payment of the invoice.

8. PROTECTION OF PRIVACY

S2 Store is responsible for the processing of your data, which is stored by us in a file and used for internal and automated processing in the context of our customer management and our business operations, such as order processing and customer management, as well as for sending our own commercial offers or those of carefully selected third parties. We do not provide data to third parties that infringe your privacy. You naturally have the right to access and correct your data. If you no longer wish to receive mailings from us, you can inform us in writing. If you object to the provision of name and address data to third parties, you can also inform us in writing.

9. JURISDICTION & APPLICABLE LAW

In case of dispute, only the courts of the district of Antwerp or Limburg, Tongeren division, are competent. These will always apply Belgian law, even if in this case the applicable provisions of the Vienna Sales Convention should be applied.

These general terms and conditions of sale take precedence over those of the buyer, both in the case of a quotation and after an order has been placed.

GENERAL TERMS AND CONDITIONS OF SALE S2 PRO BVBA (version 09/12/2020)

1. ORDER & QUOTATION

The specifications and quotations are made subject to all reservations and are based on the current values of wages, raw materials and currency parities. If these undergo changes, we reserve the right to adjust prices proportionally.

All placed orders and invoices are payable in cash at our registered office in Genk, unless otherwise agreed.

2. CANCELLATION & RIGHT OF WITHDRAWAL

At S2 Store, the consumer has the option to withdraw from the distance contract without giving any reason, for a period of thirty (30) days after the conclusion of the agreement. (See exceptions to the right of withdrawal)

The order is deemed to have been placed the day after an electronic order form has been returned via our website. In the absence of timely cancellation of the purchase, it will be considered final.

Cancellation of the order is only possible via our website (form) or email addressed to our registered office at 3600 Genk (Belgium), Zuiderring 62.

The costs incurred by returning the product are borne by the buyer. The risk of perishing during this return is also borne by the buyer. In the event of non-payment of the purchase price, the buyer owes a fixed compensation of 10% of the total value of the goods not taken, unless the seller proves higher damage.

If both buyer and seller are unable to execute the agreement due to force majeure, the seller reserves the right to terminate the agreement without any claim for compensation.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Cancellation or withdrawal of the sale and return of the purchased goods is not possible for products belonging to one or more of the following categories:

• Products subject to wear and tear:
• lamps
• mechanical components
• LEDs
• switches
• belts
• tubes (including built-in ones)
• batteries (including rechargeable ones)
• laser diodes
• (cross)faders
• flight cases
• tapes
• potentiometers, etc. …
• Sealed products of which the seal has been broken:
• Boxed versions of software
• Liquids
• Fillings
• License codes and software downloads

3. DELIVERY & DELIVERY PERIODS

The delivery periods stated on the order form are only for information and do not bind the seller. Delay in delivery does not give the right to compensation, nor to dissolution of the agreement.

The goods are shipped at the buyer's risk. The transport costs, even if the transport is exceptionally organized by the seller, are for the account of the buyer.

The storage of the goods awaiting delivery or collection is at the buyer's risk.

4. COMPLAINTS & LIABILITY

Complaints regarding visible defects, deliveries and the resulting protests of invoices must reach us in writing within 7 calendar days after delivery and in any case before the use or resale of the goods. The seller will only be liable for a lack of conformity or non-conformity of the delivered good at the time of delivery if it is reported in writing no later than 2 months after delivery. After this, the seller can no longer be held liable by the buyer and the buyer loses all right to compensation. Within this period, the seller will proceed to deliver another good of the same quality and specifications. The seller cannot be held liable for costs or damage arising from poor assembly, incorrect use or poor maintenance of the sold products. Nor is he liable for direct or indirect damage to third parties from whatever cause, contractual or extra-contractual. The buyer indemnifies the seller for this and explicitly declares to waive any claim based on product liability legislation. He will address the manufacturer or his legal successors. The seller disclaims all liability for manufacturing defects as well as for accidents, malfunctions, unsuitability, damage, costs, etc. which result from assembly, from changes of whatever nature made to his devices without his express and written permission or from incorrect handling of the material, from normal wear and tear or overload, unsuitable use, etc. further...

5. WARRANTY

The sold devices are guaranteed for 12 months from delivery against manufacturing defects. Any defect thus recognized in a part will lead to its replacement. Under no circumstances can a refund of the purchased part or payment of any damage for whatever reason be made. Any complaint must be addressed to the registered office of the seller, failing which it will be forfeited, and this by registered letter within 8 days after the discovery of the defect. Any complaint outside the aforementioned period can no longer be accepted.

6. PAYMENTS

"Our invoices are payable in cash upon delivery, unless explicitly agreed otherwise. In case of late payment, an interest of 10% per year is due by operation of law and without any prior notice of default. In addition, a contractual compensation of 10% of the due amount, with a minimum of €100, is also due by operation of law and without any notice of default.

In case of non-payment or late payment, the seller reserves the right to stop or suspend further deliveries. He can also demand that the agreement be considered dissolved by operation of law and without prior notice of default for the whole or the part not yet executed. In case of non-payment of the invoice, all due sums become immediately due and payable, even if prior payment facilities had been agreed upon and even if bills of exchange had been drawn on the buyer. The seller reserves the right to consider the agreement dissolved by operation of law and without prior notice of default in case of bankruptcy, apparent insolvency as well as any change in the legal status of the buyer."

7. RETENTION OF TITLE

As long as the delivered goods have not been paid for, they remain the property of the seller, even in case of bankruptcy or liquidation, or insolvency of the buyer. The buyer undertakes not to resell, alienate or pledge the delivered goods until full payment of the invoice.

8. JURISDICTION & APPLICABLE LAW

In case of dispute, only the courts of the district of Limburg or Antwerp, Tongeren division, are competent. These will always apply Belgian law, even if in this case the applicable provisions of the Vienna Sales Convention should be applied. The general terms and conditions of sale of the S2 Group take precedence over those of the buyer, both in the case of a quotation and after an order has been placed.