Welcome to our general terms and conditions page. In case of any questions, please read carefully below before contacting us directly. There is only one email address adjusted for issues concerning these terms and conditions and that is records@zephyrusrecords.be. When we refer to ‘the website’ we mean the website https://zephyrusrecords.be/ If we refer to ‘you’, we mean you as a user of our website, owner of an account on our website or buyer of goods through our website. This website is powered by Zephyrus Music vzw, further referred to as ‘Zephyrus Records’ whose registered office is at: Visserij 12, 9000 Gent, Belgium, company and tax number: BE0839316254
AGREEMENT
Acceptance
You agree to be bound by these terms and conditions when making a purchase from us. E-validation of your order means you accept these terms and conditions. These terms and conditions, together with the current website prices, delivery details and Zephyrus Records contact details, set out the whole of our agreement relating to the supply of the goods to you by Zephyrus Records. These terms and conditions cannot be varied except in writing signed by a director of Zephyrus Records. In particular nothing said by any sales person on behalf of Zephyrus Records or their affiliates, representatives, or any other person or company, should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Zephyrus Records. Zephyrus Records shall have no liability for any such representation being untrue or misleading.
Your warrants
You warrant that:
• The personal information that you are required to provide in order to use the website is
true and accurate
• You will notify us immediately of any changes to such personal information. Contact
details can be found at the end of these terms and conditions
• You agree not to impersonate any other person or entity or to use a false name or a
name you are not authorised to use
We may amend these terms and conditions from time to time. Every time you wish to order goods from us, please check these terms and conditions to ensure you understand the terms which will apply at that time. Your continued use after any updates have been made, constitutes your acceptance of such updates. If you do not wish to be bound by these terms then you may not use or access our website or place orders with us.
We reserve the right to modify, or withdraw, temporarily or permanently, the website (or any part thereof) without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
Eligibility to use the website
Zephyrus Records does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register on the website or send any information about yourself to Zephyrus Records. If we believe or determine that you are under 13, we will terminate your right to access any part of the website that requires registration. If you wish to order goods, and this includes content which may only be purchased by persons of a certain age, you may be asked when placing your order to declare that you are of the appropriate legal age to receive the goods. If we discover that you are not legally entitled to order certain goods, we reserve the right to terminate all account facilities immediately, without notice, and we will not be obliged to complete the order.
PAYMENT
Zephyrus Records website is SSL-encrypted, which guarantees the highest protection for your data. The webshop uses electronic payment system Mollie for quick and secured online payments. We accept paying methods such as most credit cards, Bancontact and Paypal and also various Belgian bank applications.
ORDERS
Once your order request has been submitted you will receive an e-mail confirming that your order is being processed. This will be followed by another e-mail once your order has been completed. This means your order has been shipped. This e-mail also contains an annex of a package slip. Note that the package slip is not an invoice.
Availability
Our available product range is updated at all times and prices are valid as long as they are visible on the site and in stock. This is why we provide indications on the availability of products when you make an order. Errors or modifications may occasionally occur in exceptional circumstances. No orders will be dispatched over weekends or public holidays.
Cancellation of order
When placing an order it is binding and it can not be undone. However, if you wish to cancel or change your order we recommend you to contact us by e-mail and we will see what we can do. But understand there is no guarantee of any kind that we can cancel or change the order.
Zephyrus Records has the right to cancel or refuse any order from a customer if there is a doubt of liability, corruption, fraude, danger, … (this list is not extensive), or if there is a dispute regarding the payment of a previous order.
Purchase acceptance and the completion of the contract between you and us will take place on the dispatch of the products purchased, unless we have notified you that we do not accept your purchase or you have cancelled it in accordance with the instructions below. If there are any problems with your purchase, you will be contacted by us.
PRICES
Display
All prices displayed on our website are VAT included. The prices displayed on the website do not include the shipping cost. For a detailed overview of the shipping costs please look here https://zephyrusrecords.be/shipping-and-returns. Zephyrus Records counts 1 euro on every order as a fixed price for handling and transaction costs. The prices displayed on the website are for online purchases and promotions only and are not transferable to sales through other channels.
Withdrawal
Zephyrus Records is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on the website. If an error or inaccuracy is discovered with regard to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
Taxes, exchange rates or charges
Customers ordering for delivery outside of Belgium and Europe will be responsible for payment of any local taxes where applicable. Zephyrus Records is not responsible for any other importation taxes, sales taxes, currency exchange rates or charges that may be levied at the delivery destination.
Invoice
If you want an invoice of your order please notify us by sending an e-mail containing the following info: customer order number, first name, last name, official company name, official company address, postal code, location, country and company number and if applicable VAT-number.
PRIVACY POLICY
We will treat your personal information as confidential, although we reserve the right to disclose information in certain circumstances. We will keep your personal information secured and we will fully comply with the General Data Protection Regulation (GDPR). When you shop on the website, we will ask you to input, and we will collect, personal details from you such as your name, e-mail address, billing address and telephone number if given. We may also collect other information about you (for example, the URL you came from, the IP address of your computer, your browser type, the country and area code from which your computer is calling, the pages of our website which were viewed during your visit, and any search terms that you entered on the website). Such information is referred to collectively as “User Information”.
We will use your information only for the following purposes:
• Processing your orders
• For statistical purposes to improve the website and its service to you
• To provide website content and advertisements to you
• To administer the website
• To notify you of products that may be of interest to you
You agree that you do not object to us contacting you for any of the above purposes and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the General Data Protection Regulation (GDPR). Your personal details may be disclosed to reputable third parties whose involvement is necessary to process your purchase.
REGISTRATION WITH THE WEBSITE
Some of the features on the website will require you to register with Zephyrus Records and choose a contact email address, select an appropriate password and screen name.
We may refuse to register and may cancel a registration at any time. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You must immediately notify Zephyrus Records of any security breach (e.g., unauthorised use of Your account). You should keep your password safe and not disclose it to anyone. When registering, you will also be signing up to receive news and offers from Zephyrus Records and subsidiary companies in the form of e-mail and mobile marketing. There are options to unsubscribe to this service at any time from within said e-mail or mobile message. You may terminate your account registration by e-mailing us with a request to do so, on the proviso that you have not purchased a product or package through the website that extends beyond the date of such termination.
THIRD PARTY LINKS
To provide increased value, we may provide links to third party websites or resources for you to access at your sole discretion. You agree that we are not responsible for the availability of such external sites, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites or resources, (ii) the advertising or content of such websites or resources, (iii) any products, goods or other materials or services available from such websites or resources or (iv) for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any advertising, content, products, goods or other materials or services available on such websites or resources.
LIMITATION OF LIABILITY
Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the website or give you in person or over the telephone, we make no warranties, whether expressed or implied, in relation to the accuracy of that information. The website is provided on an “as is” and “as available” basis and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor your contract cancellation rights, as described in these terms and conditions. We will not be liable in contract or tort (including, without limitation, negligence) or as a result of pre-contractual or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these terms and conditions
for:
• Any economic losses (including, without limitation, loss of revenues, profits, contracts,
business or anticipated savings)
• Any loss of goodwill or reputation
• Any special or indirect losses
• suffered or incurred out of or in connection with the provisions of any matter under
these terms and conditions.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach
of any provision.
APPLICABLE LAW
We control and operate the website from our office in Ghent, Belgium. Accordingly the laws of Belgium government these terms and conditions and any claims relating to, including the use of, this website and the materials contained therein. If you choose to access our website from outside Belgium you do so on your own initiative and you hereby agree that in the event of a dispute between ourselves and you the laws of Belgium will apply at all times and that a legal dispute falls under the jurisdiction of the courts of Ghent, Belgium.