Sound Odyssey BV
1. Seller
Sound Odyssey BV, Brandstraat 28, 9255 Buggenhout, Belgium. Company and VAT number BE 0756.538.632, Register of Legal Entities Ghent, Dendermonde division. info@soundodyssey.be, +32 (0)475 56 50 55.
2. Application
2.1. These terms apply to every order and sale, whether in our showroom or at a distance. The customer’s own terms apply only where we have accepted them in writing.
2.2. By consumer we mean any natural person not acting for professional purposes. Provisions that apply only to consumers, or only to businesses, are identified as such.
2.3. An order is always governed by the terms as they read at the time of that order.
3. Prices and orders
3.1. For consumers, prices are in euro and include VAT, excluding delivery costs. Those costs are shown separately before the order is completed. For businesses, prices exclude VAT.
3.2. The price at the time of the order is the price that applies. Later price changes make no difference to it.
3.3. Where a price contains an obvious clerical error, we are not obliged to deliver at that price. The customer may then cancel free of charge and is refunded in full.
3.4. Quotations are valid for 30 calendar days unless stated otherwise.
4. Payment
4.1. Webshop orders are dispatched once payment has been received in full. For other sales, the payment terms on the invoice apply; failing that, the invoice is payable in cash.
4.2. Where a consumer pays late, we first send a free reminder allowing 14 calendar days. Only after that period do late payment interest and a fixed penalty become due. Interest is calculated at the reference rate increased by eight percentage points referred to in article 5, second paragraph, of the Act of 2 August 2002. The fixed penalty amounts to € 20 where the outstanding balance is € 150 or less; € 30 plus 10 % of the amount between € 150.01 and € 500 where the balance falls in that range; and € 65 plus 5 % of the amount above € 500, subject to a maximum of € 2,000, where the balance exceeds € 500. We owe the consumer an equivalent amount where we ourselves refund late.
4.3. Where a business pays late, late payment interest is due by operation of law under the Act of 2 August 2002, together with a penalty of 10 % subject to a minimum of € 125. The same applies in the opposite direction.
5. Delivery and risk
5.1. We deliver in Belgium and the Netherlands, elsewhere by arrangement. Delivery takes place within 30 calendar days unless agreed otherwise. If we miss that deadline, the consumer may grant us an additional reasonable period in writing and thereafter cancel the order with a full refund.
5.2. For consumers, the risk of loss or damage passes only when they acquire physical possession of the equipment. For businesses, risk passes on delivery.
5.3. Please report visible transport damage within 7 days with photographs of the equipment and the packaging, so that we can recover it from the carrier. For consumers this is not a time bar.
6. Retention of title
The goods delivered remain our property until payment in full. Until then the customer may not dispose of them or pledge them, and undertakes where necessary to point out our retention of title to third parties, for instance to anyone seeking to attach goods that have not yet been paid for in full. Risk does pass in accordance with article 5.2.
7. Right of withdrawal in distance selling
7.1. Where a consumer buys at a distance, they have 14 calendar days from receipt to withdraw without giving a reason. This does not apply to purchases concluded in our showroom.
7.2. Notification may be given by e-mail or letter, unambiguously, optionally using the form in the annex. The goods go back within 14 calendar days of that notification.
7.3. The direct cost of return is borne by the consumer. For equipment that cannot be returned by ordinary post because of its nature or weight, such as loudspeakers and heavy amplifiers, we estimate that cost at € 25 to € 250.
7.4. We refund everything, including standard delivery costs, within 14 calendar days of notification. We may wait until we have the goods back or until the consumer produces proof of dispatch.
7.5. The consumer may unpack and assess the equipment as they would in a shop, and is liable for the diminished value caused by handling that goes further.
7.6. There is no right of withdrawal for goods made to measure or clearly personalised, such as cables terminated to length; for unsealed audio or video recordings and software; and for services fully performed or digital content supplied where the consumer expressly consented in advance and gave up the right of withdrawal.
8. Legal guarantee
8.1. Consumers have a two-year legal guarantee from delivery. Any defect arising within that period is presumed to have existed at the time of delivery.
8.2. We repair or replace free of charge. Where that is not possible within a reasonable time or without serious inconvenience, the consumer is entitled to a price reduction or to termination of the sale.
8.3. The consumer turns to us for this, not to the manufacturer. Any proof of purchase is sufficient.
8.4. For second-hand and demonstration equipment, that period is reduced by mutual agreement to one year. This is stated expressly on the order form and the invoice; without that statement the full two years apply.
8.5. Normal wear of consumable parts is not a defect. In hi-fi this includes valves, styli, drive belts, bearings and batteries. Nor is damage covered that results from incorrect use, dropping, moisture, lightning strike or intervention by unapproved third parties.
8.6. Where a manufacturer offers a commercial guarantee on top of this, it is purely additional and does not affect the above.
8.7. Businesses must report a visible defect within 8 days of delivery and a latent defect within 2 months of discovery, in writing and on pain of forfeiture.
9. Liability
As regards businesses, our liability is limited to the amount of the invoice concerned and indirect damage is excluded. That limitation never applies in the event of fraud, intent or gross negligence, nor in the event of death or personal injury. As regards consumers, the general law applies and all mandatory consumer rights remain fully intact.
10. Complaints
Please send complaints to info@soundodyssey.be. Where we cannot resolve matters together, the consumer may apply free of charge to the Consumer Mediation Service, Vooruitgangstraat 50, 1210 Brussels, consumentenombudsdienst.be. For cross-border purchases within the EU this may be done through the European Consumer Centre, eccbelgium.be. This does not prevent bringing proceedings before a court.
11. Personal data
We process personal data as described in our privacy policy and do not pass it to third parties, except where necessary for payment, delivery, accounting or a legal obligation.
12. Evidence
The customer accepts that electronic communication, order confirmations and our back-ups may serve as evidence of the agreement and of its content.
13. Governing law
Belgian law applies. For consumers resident in another EU Member State, the mandatory protection of their own country continues to apply. Disputes with a consumer come before the court designated by law; disputes with a business before the Ghent Enterprise Court, Dendermonde division. Where a provision of these terms is invalid, the remainder continues to apply in full.
Annex: model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
To: Sound Odyssey BV, Brandstraat 28, 9255 Buggenhout, Belgium — info@soundodyssey.be
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods or for the provision of the following service:
Ordered on / Received on:
Name of consumer(s):
Address of consumer(s):
Signature (only if this form is submitted on paper):
Date:
