Terms and Conditions

First released: August 21, 2016

1 Application of the Terms and Conditions

BEACOUSTICS is the trade name of Resolution Liège sprlu: VAT Number: BE 0506718003 hereinafter referred to “BEACOUSTICS” or “we”. BEACOUSTICS is established at the following address: Rue Vieille Voie d’Ardenne, 70 – 4671 Saive – Belgium.

These Terms and Conditions are applicable as well as B2C and B2B activities to products and services sold by BEACOUTICS directly or through our website: www.beacoustics.com.

Please review our other policies, such as our Privacy Policy, available on our website, as an integral part of our terms and conditions. These policies also govern your use of BEACOUSTICS website.

Consequently, by placing an order on our website, the Customer acknowledges these Terms and Conditions to the exclusion of any other document contradict these terms and conditions. These Terms and Conditions will also apply to all future transactions with the Customer without being resent to the Customer and without reference thereto if contracts of sale are involved. Deviating agreements require our written confirmation.

No specific condition can, without express written consent by BEACOUSTICS, prevail over these Terms and Conditions. Any contrary condition opposed by the Customer will be, in default of express written acceptance of BEACOUSTICS, unenforceable against BEACOUSTICS, regardless of when it may have been brought to its attention.

The fact that BEACOUSTICS does not prevail at a given time of any of these Terms and Conditions shall be construed as a waiver to take advantage later of one of said conditions.

These general conditions of sale can be modified at any time by BEACOUSTICS.

2 Products and services offering

The products and/or services offered for sale by BEACOUSTICS are those listed on its website.

These offers are valid during their online presence.

BEACOUSTICS attempts to be as accurate as possible. However, BEACOUSTICS does not warrant that product descriptions or other content of any BEACOUSTICS product is accurate, complete, reliable, current, or error-free. In this way, pictures illustrating the products are used for information only and have no contractual value.

BEACOUSTICS undertake to fulfill orders received within the limit of available stocks.

3 Price

All prices are subject to change and are quoted, unless otherwise agreed in writing, in Euros without tax and excluding handling, delivery and plus statutory turnover tax.

All prices are provided subject to obvious typographical error. Should an error occur BEACOUSTICS will contact the client to indicate that the order will be charged to the corrected conditions. In case of refusal conditions corrected, the Customer is free to cancel the order corrected without penalty, after having specifically requested in writing to BEACOUSTICS.

4 Your account

If you use any BEACOUSTICS Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

5 Reviews, comments, communications and other content

Only Customers who have a verified account may post reviews, comments and other content such as suggestions, ideas, comments, questions, or other information. All this content cannot be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BEACOUSTICS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant BEACOUSTICS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BEACOUSTICS the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BEACOUSTICS for all claims resulting from content you supply. BEACOUSTICS has the right but not the obligation to monitor and edit or remove any activity or content. BEACOUSTICS takes no responsibility and assumes no liability for any content posted by you or any third party.

6 Payment terms

The products ordered are payable in full before shipment. The payment must be done in Euros by card (Paypal) or by bank transfer.

Card payment (Paypal): The Customer must provide the type of payment card, the card number, expiration date and security code. The Customer guarantees be fully authorized to use the said card and that it gives access to sufficient funds to cover all costs of the order. The security of this payment method is provided by Paypal.

Payment by bank transfer: When the client chooses this payment method, the Customer receives the payment instructions with the order confirmation. The European transfer and SWIFT transfer are accepted. By cons, it is the Customer to bear all bank charges resulting from SWIFT transfer. If it does not, BEACOUSTICS reserves the right to ask the client the bank fees charged to BEACOUSTICS following a SWIFT transfer. The security of this payment method is provided by the bank of the Customer.

For deliveries in Belgium, the Customer will be charged in Euros.

For other destinations, the Customer will be charged in Euros before tax if it is a company or in Euros if this is an Customer. When creating the account, it will inform its VAT identification number in the Member State where to place the delivery of the goods to be charged VAT. If no number is entered or if the number is invalid, the invoice will be issued in VAT and the Customer will pay VAT.

BEACOUSTICS reserves the right to suspend or terminate the account of a Customer who violates the provisions of these terms and conditions, especially for non-payment within the agreed time.

Any person whose account was suspended or terminated cannot order on BEACOUSTICS website without prior consent of BEACOUSTICS.

BEACOUSTICS reserve the right to refuse delivery or to deliver an order from a Customer who has not fully paid an order or with whom a dispute is not resolved.

7 Order

Customers should obtain the latest relevant information before placing orders and should verify that such information is current and complete.

After selecting your products and completing the information on your ID, you will need to pay by a method described in the payment terms section of these Terms and Conditions. You will need to fill all required fields specified on the electronic form. A control number will be assigned.

Clicking on the button “I’ve read and accept the Terms & Conditions” at the end of your order, induces you accept without reservation.

The data recorded on the site of BEACOUSTICS constitute proof of all transactions with its Customers.

Likewise, those recorded by the payment system constitutes proof of financial transactions.

8 Confirmation of order

After saving the order placed, BEACOUSTICS address an order confirmation email to the Customer.

By keeping this mail and / or printing, the Customer has proof of his order that BEACOUSTICS recommend it to retain.

Note: This email confirms that the Customer order was received by BEACOUSTICS not ensure the product is available. The order is taken into account and the delivery time begins on receipt of payment.

If one of the items ordered is out of stock when we receive your order, we will allow ourselves either:

– To reimburse the Customer the missing product by bank transfer,

– To contact the Customer to agree with him a date of delivery of its entire order,

– To propose an alternative.

In case of delivery of a replacement product, the cost of returning consecutive to the possible exercise of the client’s right of withdrawal will be the responsibility of BEACOUSTICS for this one product.

9 Retention of title

Products supplied by BEACOUSTICS are sold with a clause expressly subjecting transfer their property in the payment of the price in main and accessory. The transfer of ownership is effective only when the payment is deemed final and irreversible by the seller’s bank.

BEACOUSTICS does not take title to returned items until the item arrives at our manufacture. At our discretion, a refund may be issued without requiring a return. In this situation, BEACOUSTICS does not take title to the refunded item.

10 Handling and shipping

Participation in handling and shipping cost varies depending on the size, the weight, the total order amount, the desired shipping speed and the country of delivery. For standard service, this information is calculated directly in the basket and on the order form. Special services (scheduled shipping, express shipping, gift wrap, etc.) can be offered by request.

All delivery methods we offer are “against signature of an adult”.

A delivery to a PO Box is not possible.

The delivery address must be communicated accurately to avoid the risk of loss or delays in delivery.

When ordering from BEACOUSTICS, you’re responsible for assuring the product can be lawfully imported to the destination country.

The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside the European Union may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be fulfilled by the recipient; BEACOUSTICS has no control over these charges, nor can BEACOUSTICS predict what they may be.

Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

Note: Customs offices in some countries require the importer of record to provide a particular form of identification before releasing a shipment. You may be required to provide an identification number such as a Unique Identification Number, CPF, or Tax ID. Countries that require an identification number include: Brazil, Chile, China, Ecuador, India, Israel, Peru, Qatar, South Africa, South Korea, Taiwan, and Turkey.

Except in cases of force majeure, usual delivery times will be, in the limit of the available stock, those indicated below. The usual delivery times run from the next working day of the receipt of payment. Belgium: 2-3 working days. Europe: 7-10 working days. Rest of World: 7-14 working days. Attention: Pick stop between Christmas and New Year’s Day.

In case of delay, the responsibility of BEACOUSTICS could not be committed and, for any reason whatsoever. Therefore, no claims of any kind whatsoever may be claimed by the Customer to BEACOUSTICS.

Your privacy is important to us, and we know that you care about how information about your order is used and shared. We would like our international Customers delivery products internationally to be aware that cross-border shipments are subject to opening and inspection by customs and/or postal authorities.

Also, we may provide certain order, shipment, and product information, such as titles, to our international carriers, and such information may be communicated by the carriers to customs and/or postal authorities in order to facilitate customs clearance and comply with local laws.

If the order is a gift, the package is marked “Gift,” but the cost of the item is still stated on the customs form. Customs authorities require the value of the gift item to be stated directly on the package.

10 Handling and shipping

All delivery methods we offer are “against signature of an adult”.

A delivery to a PO Box is not possible.

The delivery address must be communicated accurately to avoid the risk of loss or delays in delivery.

When ordering from BEACOUSTICS, you’re responsible for assuring the product can be lawfully imported to the destination country.

In case of delay, the responsibility of BEACOUSTICS could not be committed and, for any reason whatsoever. Therefore, no claims of any kind whatsoever may be claimed by the Customer to BEACOUSTICS.

11 Risk of loss

All items shipped by BEACOUSTICS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

12 Verification of delivered products

The Customer must check the condition of the packaging and the conformity of the product delivered.

Any complaints about defects or non-compliance of the product delivered should be reported by the Customer within fourteen (14) calendar days, taking effect on the day after delivery of the order, by email at support@beacoustics.com, indicating the Customer number and the reference number of the order.

If no complaint is made within the said period, the delivered products shall be deemed compliant and accepted by the Customer.

If a product offered by BEACOUSTICS is not as described, your sole remedy is to return it in unused condition. No product can be exchanged before being returned and received by BEACOUSTICS in good condition.

13 Warranty – Scope

The products are guaranteed against defects in materials or workmanship.

BEACOUSTICS warrants performance of its products to the specifications applicable at the time of sale. Testing and other quality control techniques are used to the extent BEACOUSTICS deems necessary to support this warranty. Except as expressly provided, testing of all parameters of each product are not necessarily performed.

Under this warranty, the only obligation of BEACOUSTICS will free replacement or repair of the product or component recognized defective by its services.

Any replacement of a product known to benefit from the guarantee is subject to prior agreement of BEACOUSTICS.

14 Warranty – Exclusion

Defects and deterioration caused by natural wear or an external accident (incorrect installation, faulty maintenance, abnormal use …) or by modification of the product not envisaged or specified by BEACOUSTICS are excluded from the guarantee.

Resale of BEACOUSTICS product or services with statements different from or beyond the parameters stated by BEACOUSTICS for that product or service voids all express and any implied warranties for the associated BEACOUSTICS product or service and is an unfair and deceptive business practice. BEACOUSTICS is not responsible or liable for any such statements.

15 Retraction right

In accordance with Volume VI ‘Market Practices and Consumer Protection’ of the Belgian Economic Law Code, the Customer has fourteen (14) calendar days, taking effect on the day after delivery of the order, to inform BEACOUSTICS, where appropriate, that he does not want to go ahead with the purchase. If the purchase concerns personalized products the Customer does not have that right.

16 Force majeure

In the event of a transport strike, and in the event of a strike at our suppliers and in case of riots, war, terrorist attack, lack of energy or raw materials or for any other case of strength majeure, BEACOUSTICS may suspend deliveries and cancel all or part of orders, without the Customer being able to claim any compensation.

17 Applicable law – Dispute

In case of dispute concerning the interpretation or implementation of their agreements, the parties will seek, before any litigation, an amicable agreement and shall communicate for this purpose all necessary pieces of information. In case of disagreement, only be competent courts of the headquarters, unless the vendor prefers to seize any other competent court (forbidden for individuals).

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

The applicable law that governs these Terms and Conditions is Belgian law, without regard to principles of conflict of laws. Language applicable in case of legal proceedings is French. The only competent courts are those of Liège in Belgium unless a written agreement between the parties specifies otherwise.

The English version of these Terms and Conditions shall prevail.

This clause applies even in case of summary proceedings, incidental claims or multiple defendants or introduction of third parties and whatever the method or methods of payment.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

18 Security and data confidentiality

The information we ask you when your order is necessary for our society. They are stored in our Customer file. This information is intended only by BEACOUSTICS. You have a right to access, modify, rectify and delete data. For all requests, please contact our Customer Service at support@beacoustics.com.

19 Copyright

All products or services available through BEACOUSTICS website, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software is the property of BEACOUSTICS and protected by international copyright laws.

BEACOUSTICS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint by email at support@beacoustics.com . We respond quickly.

Please provide us with this information:

A valid signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and email address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

20 Trademarks

BEACOUSTICS and all BEACOUSTICS products name, graphics, logos, scripts, and service names included in or made available through BEACOUSTICS website are trademarks of BEACOUSTICS everywhere. BEACOUSTICS’s trademarks may not be used in connection with any product or service that is not BEACOUSTICS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BEACOUSTICS. All other trademarks not owned by BEACOUSTICS that appear in any BEACOUSTICS communications are the property of their respective owners.

21 Miscellaneous

BEACOUSTICS reserves the right to make corrections, enhancements, improvements and other changes to our website, products, services and these Terms and Conditions at any time.

Customer acknowledges and agrees that it is solely responsible for compliance with all legal, regulatory and safety-related requirements concerning products bought to BEACOUSTICS, and any use of BEACOUSTICS components in its applications, notwithstanding any applications-related information or support that may be provided by BEACOUSTICS. BEACOUSTICS products are not intended for use with life-critical or safety-critical systems, such as use in operation of medical equipment.

No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer or disassemble, or otherwise tamper with, the BEACOUSTICS products, whether in whole or in part, or create any derivative works from BEACOUSTICS products.