Terms and conditions

General Terms and Conditions

This website is owned by Vadem BV (hereinafter referred to as "Vadem" or the "Company").

Contact Information and Registered Office

Vadem BV
Walstraat 13
2070 Zwijndrecht
Belgium

Email: guitars@vadem.be
Company Registration Number: 0739.850.870

Definitions

For the purposes of these terms and conditions:

Cooling-off Period: the period during which the consumer may exercise the right of withdrawal.

Consumer: any natural person who is acting for purposes outside their trade, business, craft, or profession and enters into a distance contract with the entrepreneur.

Day: calendar day.

Long-Term Transaction: a distance contract relating to a series of products and/or services where the delivery and/or purchase obligation is spread over time.

Durable Medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Model Withdrawal Form: the standard withdrawal form made available by the entrepreneur that a consumer may complete when exercising the right of withdrawal.

Entrepreneur: the natural or legal person offering products and/or services to consumers by means of distance selling.

Distance Contract: a contract concluded within the framework of an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

Means of Distance Communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Acceptance of These Terms

By accepting the cookie policy, you expressly agree to these General Terms and Conditions.

Intellectual Property Rights

The entire content of the website vadem.be, including but not limited to logos, texts, product and company names, images, and other materials, is protected by intellectual property rights and belongs to Vadem or third parties.

Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before a distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is reasonably not possible, the entrepreneur shall indicate before the contract is concluded where the terms and conditions can be inspected and shall send them free of charge upon request as soon as possible.

If the contract is concluded electronically, the text of these General Terms and Conditions may be made available electronically in such a manner that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur shall indicate where the terms can be consulted electronically and that they will be provided free of charge upon request.

If specific product or service conditions apply in addition to these General Terms and Conditions, the provisions above shall apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

Limitation of Liability

The information provided by the Company on this website is of a general nature and is not tailored to personal or specific circumstances. It should therefore not be regarded as personal, professional, or legal advice.

Vadem strives to ensure that the information provided is complete, accurate, and up to date. Despite these efforts, inaccuracies may occur. If inaccuracies are identified, the Company will make every reasonable effort to correct them as quickly as possible.

Visitors who identify inaccuracies may contact the website administrator using the contact details provided above.

Vadem shall not be liable for any direct or indirect damage resulting from the use of information contained on this website. The content of this website may be modified, changed, or supplemented at any time without prior notice.

Vadem shall not be liable for the malfunction of the website, temporary unavailability of the website, or any direct or indirect damage arising from access to or use of the website.

Under no circumstances shall Vadem be liable for any damage resulting from the use of this website, including, without limitation, losses, interruptions of work, damage to programs or data on computer systems, equipment, software, or any other property of the visitor.

The website may contain hyperlinks to third-party websites. The presence of such links does not imply approval of their content. Vadem has no control over the content of third-party websites and shall not be liable for any damage resulting from their use.

Applicable Law and Competent Courts

The interpretation and application of these General Terms and Conditions, as well as the use of the website to which they relate, shall be governed exclusively by Belgian law.

Any disputes arising from the use of this website shall fall under the exclusive jurisdiction of the courts of the judicial district of East Flanders, Dendermonde Division.

Privacy Statement

Processing of Personal Data

The Company complies with the Belgian Act of 8 December 1992 regarding the processing of personal data, as amended by the Act of 11 December 1998 and, from 25 May 2018 onward, by Regulation (EU) 2016/679 (GDPR).

These regulations require that personal data be collected only with the consent of the data subject, that such data be relevant, accurate, and correct, and that it be collected for specific, explicit, and lawful purposes.

Vadem collects personal data provided by website visitors through contact forms or order forms.

The collected information is used solely:

• to provide requested services;
• to register visitors and enable communication regarding their inquiries;
• to improve the quality of Vadem's services.

The website visitor confirms consent to the collection and processing of personal data by ticking the designated consent box when submitting a contact form or order form.

Personal data may be reviewed, amended, or deleted at any time through the personal account or by contacting guitars@vadem.be.

The visitor also has the right to object to the processing of personal data by notifying Vadem via the above email address and may lodge a complaint with the competent data protection authority.

Contact Form

When a visitor uses the contact form on the website, Vadem will store and use the submitted information solely for the purpose of contacting the visitor and providing any requested services.

When submitting the contact form, the visitor will be asked to tick a checkbox expressly granting consent to the processing of personal data in accordance with this Privacy Statement.

The data will be retained only as long as necessary for the purposes for which it was collected. The visitor may request access to, modification of, or deletion of the data at any time by contacting guitars@vadem.be.

Order Form

Your personal data is also stored by Vadem when you place an order through the webshop order form. This enables us to process your transaction correctly.

Once stored, your data remains available in your personal account for as long as you remain a customer of Vadem. This also facilitates faster processing of future transactions.

When placing an order, you will be asked to tick a checkbox expressly granting consent to the processing of your personal data in accordance with this Privacy Statement.

The processing of personal data is necessary for the proper execution of your order by Vadem.

Use of Personal Data

The Company undertakes not to disclose any personal information to other organizations, whether for commercial purposes or otherwise.

Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within fourteen (14) days following delivery of the goods or, in the case of a service agreement, within fourteen (14) days after receipt of the documents relating to the agreement.

In the sale of products to consumers, partial or full prepayment may be required under these General Terms and Conditions (including during the withdrawal period). Where prepayment is required, the consumer cannot assert any rights regarding the execution of the order or services until the required prepayment has been made.

The consumer is obliged to notify the entrepreneur immediately of any inaccuracies in payment details provided or stated.

If the consumer fails to meet payment obligations on time, and after being notified of the late payment and granted an additional fourteen (14) days to fulfill those obligations, the entrepreneur may charge statutory interest on the outstanding amount if payment is still not received within that period.

The entrepreneur is also entitled to recover extrajudicial collection costs, up to:

• 15% of outstanding amounts up to €2,500;
• 10% of the next €2,500;
• 5% of the next €5,000;

with a minimum charge of €40.

The entrepreneur may apply lower amounts or percentages in favor of the consumer.

For payments by credit card or debit card, consumers may use secure checkout pages. Payment is processed at the time the order is placed and confirmed.

Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate where the terms may be consulted and shall provide them free of charge upon request.

Where the contract is concluded electronically, the terms may be provided electronically in a manner that allows the consumer to store them on a durable medium.

Where both these General Terms and Conditions and specific product or service conditions apply, the consumer may rely on the provision most favorable to them in case of conflict.

The Offer

If an offer has a limited period of validity or is subject to specific conditions, this will be explicitly stated.

The offer shall contain a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to allow the consumer to properly assess the offer.

Where images are used, they shall provide a truthful representation of the products and/or services offered.

Obvious errors or mistakes in the offer are not binding on the entrepreneur.

Each offer shall clearly state the rights and obligations associated with its acceptance, including:

• the price including taxes;
• any delivery charges;
• the manner in which the contract will be concluded and the steps required;
• whether the right of withdrawal applies;
• payment, delivery, and performance arrangements;
• the period during which the offer remains valid;
• the cost of distance communication where it differs from the standard rate;
• whether the contract will be archived and how it can be accessed;
• how consumers may identify and correct unintended actions before concluding the contract;
• the languages in which the contract may be concluded in addition to Dutch;
• any codes of conduct to which the entrepreneur adheres and how they may be consulted electronically;
• the minimum duration of the contract in the case of continuous or recurring delivery of products or services.

Formation of the Contract

The contract is concluded, subject to the provisions below, at the moment the consumer accepts the offer and fulfills the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur shall immediately acknowledge receipt of the acceptance electronically and provide a copy of these General Terms and Conditions.

Until receipt of acceptance has been confirmed, the consumer may dissolve the contract.

Where the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission and provide a secure online environment.

If electronic payment is possible, appropriate security measures shall be observed.

The entrepreneur shall provide the consumer, in writing or on a durable medium, with the following information:

• the business address where complaints may be submitted;
• the conditions and procedures for exercising the right of withdrawal, or a clear statement where the right is excluded;
• information regarding after-sales service and guarantees;
• the information referred to in Article 4(3) of these Terms, unless already provided before performance of the contract;
• the requirements for terminating a contract with a duration exceeding one year or of indefinite duration.

Where the entrepreneur undertakes to supply a series of products or services, the above obligation applies only to the first delivery.

Right of Withdrawal

Withdrawal Form

Right of Withdrawal for the Supply of Products

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within fourteen (14) days.

The withdrawal period starts on the day after the consumer, or a representative designated by the consumer, receives the product.

During this period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it.

If the consumer exercises the right of withdrawal, the product must be returned to the entrepreneur together with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the entrepreneur's reasonable and clear instructions.

Right of Withdrawal for the Supply of Services

For service contracts, the consumer has the right to withdraw from the agreement without giving any reason within fourteen (14) days from the date the contract is concluded.

To exercise this right, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or no later than the delivery of the service.

Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, the consumer shall bear at most the direct costs of returning the goods.

If the consumer has already paid an amount, the entrepreneur shall reimburse this amount as soon as possible and no later than thirty (30) days after receipt of the returned goods or after the withdrawal has been communicated.

Exclusion of the Right of Withdrawal

If the consumer does not have a right of withdrawal, this may only be excluded by the entrepreneur if such exclusion was clearly stated in the offer or, at the latest, before the contract was concluded.

The right of withdrawal may only be excluded for products:

• manufactured according to the consumer's specifications;
• clearly personalized in nature;
• which by their nature cannot be returned;
• which are liable to deteriorate or expire rapidly;
• whose price is dependent on fluctuations in the financial market beyond the entrepreneur's control;
• consisting of single newspapers or magazines;
• consisting of audio or video recordings or computer software where the consumer has broken the seal.

The right of withdrawal may only be excluded for services:

• relating to accommodation, transportation, catering, or leisure activities to be provided on a specific date or during a specific period;
• where performance has begun with the consumer's explicit consent before the withdrawal period has expired;
• relating to betting and lotteries.

Pricing

During the validity period specified in the offer, the prices of products and/or services shall not be increased, except where price changes result from changes in VAT rates.

By way of exception, products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control may be offered at variable prices.

In such cases, the dependency on market fluctuations and the fact that any stated prices are indicative shall be clearly mentioned in the offer.

Price increases within three (3) months after the conclusion of the contract are only permitted if they result from statutory regulations or legal provisions.

Price increases after three (3) months from the conclusion of the contract are only permitted if:

• they result from statutory regulations or legal provisions; or
• the consumer is entitled to terminate the contract on the date the price increase takes effect.

All prices stated in the offer include VAT unless expressly stated otherwise.

Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with:

• the contract;
• the specifications stated in the offer;
• reasonable standards of quality and usability;
• the statutory provisions and governmental regulations in force on the date the contract is concluded.

Any warranty provided by the entrepreneur, manufacturer, or importer shall not affect the legal rights and claims available to the consumer under applicable law or under the distance contract in the event of a failure by the entrepreneur to fulfill contractual obligations.

Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and processing orders for products and when assessing requests for services.

The place of delivery shall be the address provided by the consumer to the entrepreneur.

Subject to the provisions set out elsewhere in these General Terms and Conditions, accepted orders shall be executed as quickly as possible and no later than thirty (30) days, unless a longer delivery period has been agreed.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than one month after placing the order.

In such cases, the consumer shall have the right to:

• terminate the contract free of charge;
• request an equivalent replacement product; or
• claim compensation where applicable.

If the contract is terminated as described above, the entrepreneur shall refund any amount paid by the consumer as soon as possible and no later than thirty (30) days after termination.

If delivery of an ordered product proves impossible, the entrepreneur shall make reasonable efforts to provide a substitute product.

The consumer shall be clearly informed, at the latest upon delivery, that a substitute product is being supplied.

The right of withdrawal cannot be excluded for substitute products.

The costs of returning a substitute product shall be borne by the entrepreneur.

The risk of loss or damage to products remains with the entrepreneur until the products have been delivered to the consumer, unless expressly agreed otherwise.

Complaints Procedure

The entrepreneur maintains a clearly communicated complaints procedure and handles complaints in accordance with that procedure.

Complaints concerning the performance of the contract must be submitted to the entrepreneur within a reasonable period after the consumer has discovered the defect or issue.

Complaints must be submitted fully and clearly describing the problem.

Complaints submitted to the entrepreneur shall be answered within fourteen (14) days from the date of receipt.

If a complaint requires a longer processing time, the entrepreneur shall respond within the fourteen-day period with:

• an acknowledgment of receipt; and
• an indication of when a more detailed response can be expected.

If a complaint cannot be resolved by mutual agreement, a dispute arises that may be submitted to a dispute resolution procedure.

Disputes and Applicable Law

These General Terms and Conditions and all agreements concluded between the entrepreneur and the consumer shall be governed exclusively by Belgian law.

In the event of a dispute, the entrepreneur and the consumer shall first seek to resolve the matter amicably through mutual consultation.

The consumer may also submit disputes for out-of-court resolution to the Belgian Consumer Ombudsman Service:

https://www.consumentenombudsdienst.be

In accordance with European legislation, the entrepreneur also informs consumers of the existence of the European Commission's Online Dispute Resolution (ODR) platform for the settlement of online disputes:

https://ec.europa.eu/odr

If a dispute cannot be resolved amicably or through the aforementioned bodies, jurisdiction shall lie with the courts of the judicial district in which the entrepreneur is established, unless mandatory law designates another competent court.