Terms of use

GENERAL TERMS AND CONDITIONS OF USE OF THIS WEBSITE

1. Piens NV is the owner of the intellectual and/or related rights of all parts of this website or has a right of application hereof. Any reproduction, distribution, translation or adaptation of names, logos (amongst which the logo of Piens MusicPlanet®), drawings, images or sounds posted on this website in whichever form or way not mentioned on the site, is strictly prohibited without preceding written permission of the group Piens NV. The third party sites in which hyperlinks are made on this site, are in no way controlled by Piens NV and Piens NV can in no way be held responsible for the content of these sites or for the mentioned hyperlinks to these other sites.

Piens NV allows the use of all on the site publicized documents, in that:

1. The owner of the copyrights is mentioned on all copies hereof,
2. These documents are only used for informative or personal application, with the exemption of any commercial application,
3. These documents are not to be distributed via the media or posted on any informatica system,
4. No changes are made to these documents.

Every mode of use contrary to these conditions, is strictly prohibited. The elements contributing to the presentation and build up of the site, are not considered as -documents-.

2. Piens NV spends a lot of time and effort to the correctness and completeness of the information made available to the visitor of the website. Piens NV can in no way be held responsible for eventual incorrectness and/or deletion, nor for any damage that may follow upon the access to, the consultation of or the use of the information posted on the website or of its non-availability. When information regarding a product, such as the price, is being displayed on the site in a wrong way in whichever subtext, Piens NV will keep the right to refuse or cancel an order of such a product, no matter if the order was the subject of a confirmation or if the price had already been debited, Piens NV wil credit the amount debited on the customers bank account. When the product sent by Piens NV does not correspond to the description on the site, the only acceptable procedure a customer can undertake is to send the item back to Piens NV and ask for refund of the price and initial shipping cost of the product. See the section Right of renouncement for specific details.

3. The products descibed and pictured on this website give an overview of the offered range. The mentionning of a product on the website does not imply an offer. The pure request of a customer to purchase a product, does not suffice to start an agreement. This data changes constantly and does imply no obligations. The product pictures and descriptions are not binding. The information herein, always needs to be checked. The posted prices are only valid on the day of consultation of the website, with the exception of posting errors, for which Piens NV can not be held responsible. All promotional offers available on the website, are under reservation of availability of the products and the completion of stock. All posted offers and promotions can be changed or withdrawn at any moment without prior notification.

GENERAL TERMS OF SALE OF THIS SITE
The hereafter mentionned terms of sale are applicable to online orders made via www.piens.be or www.piens.com

1. IDENTIFICATION OF THE RESELLER
Piens NV - named hereafter - Piens
Guido Gezellelaan 30
9800 Deinze - Belgium
BTW BE 0453.948.023 - RPR Gent

Email: click here

2. APPLICATION
Unless an explicitly written different agreement between both parties exists, the relations between Piens and its customers will be subject to the general terms of sale that are assumed to have been accepted by the customer while placing an order. By placing an order, the customer declines any possible other general terms of sale. The fact that the customer did not receive this disclaimer of conditions in his native language, does in no way suspend him of their application.
Via the site www.piens.be or www.piens.com, agreements can only be made in Dutch exclusively.

3. REALISATION OF A SALES AGREEMENT
The database with products and their description found on www.piens.be or www.piens.com, represent in no way a special offer but is purely a way to make contact. It is the actual order that makes the offer. Thus it is not sufficient to fill out a document on our website to realize a sales agreement. Only the reception of an email confirmation closes the sale. Piens maintains the right, for the safety and security of the customer and of Piens, to ask for extra information and by lack of this information to refuse the order. Also, orders from which the customers intention to resell the products can be deducted, will be refused by Piens.

4. TRANSFER OF PROPERTY
In deviation with artikel 1583 of the Civil Law the sold, delivered or installed goods remain the exclusive property of Piens until the complete payment of the full amount on the invoice. Despite this right of property, the risk due to loss or damage automatically transfers to the customer from the moment the customers receives the goods.

5. PRICES
The normal shipping or delivery costs are mentioned (in euro), taking in account the relevant delivery information supplied by the customer. The eventual addition of elevators or any other extra delivery actions is never included in the price.

All offers are valid as long as they are included in the website content. The displayed prices can fluctuate. If an order was placed, the price valid at the time of ordering will be the price taken in account.

6. PAYMENT
The customer can pay his order by means of money transfer on the Piens bank account number 442-7666001-24 of KBC Deinze or via credit card.
# If the customer pays by money order, the payment will have to be done prior to the decline period. In the case of decline by the customer, Piens will refund the amount to the customer.
# Paying by credit card is done by entering credit card number and expiration date at time of ordering.
In this case, card number and expiration date are checked directly and the credit line is debited immediately.

7. DELIVERY
7.1 Delivery and installation of larger instruments.
For delivery of goods in an area that is not accessible by an elevator or stair case that is sufficient in dimensions (e.g. a narrow curbed stair case = not suited) and in any case for delivery at sites above the third floor, without large enough elevator and even with a convenient stair case, the customer needs to provide a laddered lift with sufficient capacity. Upon simple request and for a nominal fee, Piens can organize such a standard laddered lift for delivery up to the 6th floor.

In case of non availability or clearly non profound refusal of the customer at time of delivery, as agreed by the buyer, extra fees for supplemental shipping and handling wil be taken in account and invoiced.

7.2 Delivery of small instruments
Small products are in principal delivered by courrier. Herefor, the customer pays a small fee. Cost of the transport is clearly advertised during the order process.

7.3 Delivery period
The periods of delivery, given in good faith, are just an indication and are in no way part of the essential terms of sale. An eventual delay can in no way be subject to a damage claim.

For products that are not in stock at the time of ordering, Piens contacts the distributor for further delivery information. This information is made available to the customer.

8. CONTACT
8.1 Remarks in regard with orders
For general information and complaints in regards with an order, the customer can post a message via the support page on the website.

8.2 Remarks in regard with delivery
If a product or instrument shows a technical malfunction after the delivery, the customer should contact us within 24 hours of reception via the support page on the Piens website. Piens evaluates with the Piens Service Center what could be the problem and makes contact with the customer for a concrete solution. The problem could be solved by intervening of the Piens Service Center.

If the instrument and/or the packaging shows traces of damage, the customer should inform the shipping company immediately at the time of delivery, and report this to Piens via the support page on the website within 24 hours. After this report, Piens will file a damage claim against the courier company. The investigation of the damage is followed up by the courier company. After the settlement of the damage claim, which can take up to several weeks, the customer is supplied with a new identical product.

The customer needs to preserve all packaging material and its complete content in the state it was originally delivered, for inspection by the courrier service. If the packing material is no longer available, the damage claim will be denied, thus voiding the insurance, which results in denial of free new replacement products.

If the content of the shipment is not in accordance with that which has been actually ordered, the customer should report this within 24 hours after the delivery via the support page on the Piens site. The customer is not allowed to use the content of the shipment. When after the pick-up it is observed that the customer used the delivered erroneous content, the customer will not be able to demand free replacement products and the extra resulting costs will be invoiced to the customer.

9. WARRANTY
Taking in account the function of intermediate party, Piens limits the warranty in regard with the delivered goods strictly to the warranty granted by the distributor.

a) The warranty covers internal damage to devices (electronic or mechanical in nature) by the same conditions stipulated by the manufacturer.
The warranty excludes all rights to warranty to all other forms of damage be it direct or indirect to the product (e.g. oxidation, sudden drops,...), and its content.
The warranty covers the replacement of pieces only.
The warranty expires automatically in case of interferrence of third parties other than approved by Piens.

b) The invoice is proof of warranty and has to be kept by the customer and must be produced in its original form. The warranty starts at the date op purchase. The warranty is valid in Belgium. When the customer makes direct contact with the manufacturer claiming the warranty, all resulting fees are to the direct responsibility of the customers.

c) Warranty conditions fade when items are used on a professional basis (commercial, professional, collective) and never cover the costs of repair in case of breakdowns by casual fire, water damage, lightning, accidents, natural disasters. The customer has no rights if the breakdown has been caused by unjudicious treatment of the product, bad maintenance or abnormal usage or usage of the product which is in contradiction with the guidelines of the producer.

d) The warranty is not transmissible. Warranty can not be called upon if the product changes owner.

According to the Belgian law in regard with the trade of consumption goods, the customer has legal rights. The warranty stated in the general legal disclaimer honors these rights.

10. RIGHT OF RENOUNCEMENT
A consumer who is a customer in the sense stated in the Law of July 14, 1991 in regard with the trade code and the information and protection of the customer, has the right, when ordering via this site, to renounce his purchase, without fine and without giving a reason, in the time frame of 7 office days starting the day following the delivery. Used, installed, damaged or incomplete products however will not be accepted as returns. The right to renouncement is not valid on audio- and video-recordings and computer software from which the seal has been broken.

The customer can call upon the right of renouncement by means of a registered consignment in the time frame of 7 office days starting the day following the delivery, directed to Piens NV - Guido Gezellelaan 30 - 9800 Deinze, Belgium, with enclosed a copy of the invoice and all delivery statements.

In case of execution of this right of renouncement, the customer shall return all merchandise and periferic purchased by his own means and at his own expense, to Piens NV - Guido Gezellelaan 30 - 9800 Deinze, Belgium. Collect shipments an/or COD shipments will be refused.

Piens will inspect the returned products within a time frame of two weeks.

Extra costs to Piens for the re-shipping of products to the customer when the customer did not follow the conditions of excersise of his right of renouncement or if the customer returned products to which the right of renouncement is not valid, will be charged to the customer.

If products are damaged, Piens will invoice the lowest of following amounts to the customer:
- the cost of repair
- the value of the product.
When the seal of software has been broken, Piens will invoice the price of concerned software.

When the right to renouncement was called upon following all previous regulations, Piens will exercise a refund within the next 30 days. The refund will be transferred to the bank account stated by the customer in the registered consignment at the time of renouncing.

The right to renouncement can not be called upon in the following cases following:

1. Delivery of products and services that are produced or executed with specifications following the demand and approval of the customer, or that are personal in nature, or that can not be returned due to their nature, or that outdate quickly
2. Delivery of CD, DVD, Video, Midi, Software, Computer files and any form of information carrier
3. Delivery of books, sheet music, and any other form of printed material
4. When the customer made an exceptional oral or written agreement with the sales person in regard with times or terms of delivery, or any other general or specific exemption

11. APPLICABLE LAW AND AUTHORIZED COURT
Disputes in regard with validity, interpretation or implementation of all general conditions, fall under Belgian law exclusively and are only pleadable by the authorized court in Ghent.

APPENDIX A. TRANSLATION
The sole original version of this page is to be found in the original Dutch version called -ALGEMENE GEBRUIKSVOORWAARDEN VAN DEZE WEBSITE- found in the Dutch section.
Piens can in no way be held responsible for any faults or errors or misunderstandings due to the translation of this legal disclaimer.

Terms of use

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