In these General Terms and Conditions, the following terms have the following meanings: 'First Class Projects BVBA’: the limited company under Belgian law, having its registered office at Romain Steppestraat 109, 2890 SINT AMANDS AAN DE SCHELDE, Belgium, listed under enterprise number 0892.785.624. 'Purchaser': any private individual (B2C) or legal entity (B2B) that has or will be having a contractual relationship of whatever nature with First Class Projects. 'Products': the subject of one or more sales contracts.
Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the stipulations included in the specific conditions shall, in principle, prevail over the General Terms and Conditions, unless otherwise provided. Derogation from one or more of the stipulations included in these General Terms and Conditions can only be effectuated on condition that there is explicitly agreed evidence in writing. In that case, the remaining stipulations included in these Terms and Conditions shall remain fully in force. Any General Terms and Conditions applied by the Purchaser are not applicable. First Class Projects reserves the right to modify and/or supplement the General Terms and Conditions at any time for future orders.
By using the website or another electronic portal of First Class Projects and/or placing an order, the Purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website. First Class Projects can make an appeal to third parties if this is required for a correct execution of a contract with the Purchaser. First Class Projects can be reached via ‘firstclassprojects.be’.
2. Information and contracts
First Class Projects places information regarding the features of its (e-)products online with the utmost care, including musical descriptions, which are based on details of its composers and musicologists, and bio’s of composers / short descriptions of the compositions to illustrate the products. All this in so far as technical means allow and in accordance with the best standards in the market.
A contract is concluded at the moment an order confirmation has been handed to the Purchaser or, in case the offer was made via the website, has been sent to the e-mail address indicated by the Purchaser. An offer made out in the name of a specific person is valid for 2 weeks, unless a different term is stated in the offer. First Class Projects and its Purchaser explicitly agree that a valid sales contract is concluded by using electronic forms of communication. In particular the lack of an ordinary, digital or electronically qualified signature does not affect the binding effect of the offer and its acceptance. In this respect, the electronic files of First Class Projects shall be considered to be presumptive evidence, in so far as the law permits such. Information, images, verbal communications, statements, etc. related to any of the offers and the most important product features provided by telephone or via e-mail, will be reflected, given or made as accurately as possible.
All prices are expressed in euros and include VAT and other taxes. However, in case the Purchaser acts as a legal entity, prices are expressed excluding VAT and other taxes. Special offers are only valid as long as mentioned. The Purchaser owes the price communicated to it by First Class Projects in its confirmation in accordance with article 2 of these Terms and Conditions. Obvious or abundantly clear errors in the quotation, such as evident misstatements, can also be corrected by First Class Projects after formation of the contract. Delivery charges (when ordering a non-digital product, such as a printed booklet) are communicated in a clear manner to the Purchaser. With regard to certain methods of payment, further conditions concerning delivery method and possible costs apply. This is communicated to the Purchaser in a clear manner.
The sales prices indicated on the site include all taxes (unless the Purchaser is acting as a legal entity, B2B), but not dispatch costs (of non-digital products). Any dispatch costs are borne by the Purchaser and will be reflected on checking out your digital shopping cart. We reserve the right to change the prices at any given time, but we commit ourselves to apply the rates shown on the site at the time of your order. Online orders can be paid via usual valid and internationally accepted credit cards and electronic payment methods. Security measures via SSL are intended to allow your online payment to proceed safely. If payment cannot be handled immediately due to choosing a financial means of payment incapable of effectuating such immediate payment, First Class Projects stipulates a term of payment of 14 days from the invoice date. Invoices are only issued to legal entities (B2B), on request. Consumers are explicitly excluded from this preferential. If a client fails to pay the invoice within the term stated above, legal interest commences to accrue and will be due without explicit notice of default. If First Class Projects does not receive payment after 3 demands, the invoice will be handed over to a debt-collection agency, which will handle the procedure further. Complaints must be filed within one week from the invoice date. Filing a complaint shall in no way lead to a suspension of payment. Furthermore, any (extra)judicial costs of whatever nature incurred by First Class Projects as a consequence of failure on the part of the Purchaser to comply with its (payment) obligations, will be borne by the Purchaser.
If a credit card is the chosen payment method, the conditions of the relevant card issuer apply to it. First Class Projects is not a party with regard to the relationship between the Purchaser and the card issuer.
Non-digital goods (such as printed booklets)
We process your order depending on available stock. Where a product you ordered is not in stock, we commit ourselves to inform you thereof via e-mail within 15 days from placing the order and to indicate the period of time within which the product can be delivered to you. Orders are delivered as quickly as materially possible. At present, First Class Projects offers you one way of delivery, namely via Bpost (www.bpost.be). First Class Projects does everything within its power to respect specified delivery times. However, First Class Projects does not assume responsibility for late deliveries or orders going missing due to third parties, unforeseen circumstances or force majeure. If an order is not delivered within the time indicated, an investigation will be held at the carrier, which may take several days. In this period, no reimbursements or other dispatches can be effectuated. It is important that you check whether the products are in conformity with the order when you receive them and, if this is not the case, inform First Class Projects thereof within seven (7) working days. All reports of orders arriving too late must be reported by e-mail via [email protected]. Returned products are only accepted if they are in their original state, that is, in their packaging.
Subject to other provisions, the final delivery date is thirty (30) days from receipt of the order, except in case of payment via transfer, whose final delivery date is 30 days from receipt of payment. This final delivery period is only applicable for sale to consumers (B2C). Concerning sales to legal entities, delivery periods of several months should be taken into account.
Digital goods (PDF sheets / scores)
Different regulations apply for digital supplies. Thus, no real life carrier is defined. First Class Projects will act as supplier on its digital platform, and will honor your order depending on the electronic queue.
First Class Projects takes no responsibility at all for any viruses, errors in the code (PDF), corrupt file components, and related defects which may occur during the transmission (delivery). Also, force majeure or failures by third parties, can not be invoked against First Class Projects. Digital products, as set forth in Article 8 ("Exchanges") can not be returned.
The delivery date mentioned only applies as an indication, in so far as the Belgian Market Practice Act (Wet Marktpraktijken) permits, reason for which no rights can be derived from it. Delivery takes place at the (virtual) (IP-)address specified by the Purchaser on concluding the contract. As soon as the products to be delivered have been delivered to the specified (virtual) address, the risk passes to the Purchaser.
6. Identity theft and credit fraud
In order to assure the safety of your online transactions, First Class Projects cooperates with authorized credit card payment partners and publishers (PayPal). Payment can be made using a PayPal-account or affliated credit cards. Online payments are therefore executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. Loss or theft of your identity or credit card information is hereby reduced to a minimum risk. First Class Projects stores your identity and transaction information over a period of one (1) year in a secure, encrypted database, environment. First Class Projects believes all possible and appropriate precautions have been taken. Therefore, First Class Projects cannot be held liable for possible identity theft or financial theft.
7. Defects and complaint filing
The Purchaser is always obliged to scrutinize the (e-)products immediately following receipt. Complaints from the Purchaser, must be notified in writing to First Class Projects by the Purchaser within seven (7) days from delivery (or within seven (7) days from the invoice date if the products are not (or could not be) delivered to the Purchaser). We advise you to send your non-digital order by registered mail and take out an insurance policy in respect of the carrier for the market value of the products, such in case of theft or loss of the products at the carrier. Costs of returning goods are in all cases borne by the Purchaser. The Purchaser is not entitled to return any product in respect of which there exists no reasoned complaint. If the preceding is not complied with and goods are returned wrongly, all costs related to returning the goods are borne by the Purchaser. In that case, First Class Projects shall be free to store the items with third parties at the risk and expense of the Purchaser and/or return such goods to the Purchaser on the Purchaser’s implicit or explicit request and expense.
The Belgian Market Practice Act provides that the Purchaser can return the product within a period of time of 14 working days without any consequences in the sense of penalties or giving reasons. This is called the right of withdrawal.
However, products which are not changable by their nature (applicable for digital goods) fall outside the scope of Article 47, § 4, 2 ° WMPC. These could include: online products such as eBooks, eScores, score music, sheet music, et cetera. Such products are therefore not eligible for a refund. Also, the (digital) delivery of the above mentioned ‘products’, is subject to the above exception. The Purchaser can choose between a digital or postal delivery. The same rules apply.
Thus, no reimbursement is possible under the current and applicable regulations.
As imposed by prevailing and relevant statutory provisions, a statutory guarantee applies to the (e-)products provided by First Class Projects. If the article delivered fails to conform to the contract, the Purchaser must notify First Class Projects thereof no later than within seven (7) working days following the delivery. Any possible compensation resulting from this shall never exceed the amount invoiced to the Purchaser.
URLs included on the website or other electronic communication portals, which are actually controlled by First Class Projects, are to be clicked and visited entirely on the Purchaser’s own responsibility.
10. Force majeure
In case of force majeure, First Class Projects shall not be obliged to comply with its obligations in respect of the other party. First Class Projects will be entitled to suspend the performance of its obligations for the duration of the force majeure.
Force majeure shall be taken to mean any circumstance beyond its control which entirely or partially prevents compliance with its obligations in respect of the other party.
11. Intellectual property
All intellectual property rights and derived rights continue to be retained by First Class Projects. These intellectual property rights shall be taken to mean copyrights, trademark rights (BBIE BEELDMERK: 1267956 / EU: 011988193), designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of the intellectual property rights as described in this article and/or make changes to them, unless it only concerns the private use of the product itself.
12. Processing of personal data
The information you have stated is necessary for the processing and completion of orders and the preparation of invoices and guarantee agreements. If these data fail, the order is inevitably cancelled. Giving incorrect or false personal data is considered to be a breach of the present General Terms and Conditions. The Purchaser’s personal data are exclusively processed in accordance with the prevailing privacy statement, which can be consulted via the First Class Projects website.
13. Applicable law and competent court
Belgian law shall be of exclusive application to all offers and contracts. The applicability of the Vienna Sales Convention is explicitly excluded. All disputes related to or arising from offers from First Class Projects or contracts concluded with it, will be submitted to the competent territorial court, unless a mandatory statutory provision explicitly provides otherwise and designates another court as the competent one.