TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AMS AMPLIFIERS. BY USING THIS ONLINE STORE AND/OR ORDERING PRODUCTS, YOU AGREE TO THESE TERMS AND CONDITIONS.
WHO WE ARE
Ams Amplifiers SRL
VAT: BE 0784967550 10
Registered office: Rue Poyoux-Sarts 10, 4500 Tihange
Email address: info.amsamplifiers@gmail.com
Phone number: +32 474 60 13 70
("Ams Amplifiers" or "we")
1. SCOPE
1.1 These Terms and Conditions apply to all orders you place and that Ams Amplifiers confirms through our online store, as well as to all other agreements (terms of use, privacy policy, and cookie policy) and legal actions between Ams Amplifiers and you. By clicking the "I ACCEPT" button during the ordering process, you agree to these Terms and Conditions. You can read, download, save, and print the Terms and Conditions here.
1.2 We may modify the Terms and Conditions at any time. If so, we will publish the revised version on the Ams Amplifiers website. This version takes effect immediately, except for previously placed orders. When required by law, we will provide you with prior information about the changes to be implemented.
2. ORDER PROCEDURE
2.1 You must be at least 18 years old to place a valid order through the website. The order is initiated when you click "payment." A form will then open to finalize the order and proceed to payment. When Ams Amplifiers confirms the order, the purchase agreement is concluded. Ams Amplifiers has the right to refuse orders.
2.2 You will then receive an email from Ams Amplifiers containing the main details about your purchase, including an overview of the products and the total price.
2.3 We strive to keep you informed in the best possible way and will inform you by email at different stages of the order processing.
3. PRICES
Prices displayed on the website include VAT at the local rate in effect, but do not include shipping costs. These shipping costs will be added to the cart during the payment process so that you can always see the total price before concluding the agreement.
4. PAYMENT / RETENTION OF TITLE
4.1 Ams Amplifiers accepts only the payment methods mentioned on the site, namely PayPal, credit cards, or other payment methods mentioned on the site. We do not offer credit facilities for products purchased from us.
4.2 All payment transactions may be subject to validation checks by the relevant card issuer or third parties.
4.3 Full ownership of products ordered from Ams Amplifiers is transferred only after delivery to the address you have indicated and payment of the product purchase price. If, for any reason, payment is rejected after Ams Amplifiers has shipped the product, Ams Amplifiers is entitled to claim payment, which will allow us to charge legal recovery costs or, alternatively, claim the product(s) concerned. Ams Amplifiers reserves the right to terminate the agreement. We may, if applicable, charge product recovery fees.
4.4 Ams Amplifiers cannot be held responsible for any delay resulting from the aforementioned situations.
5. DELIVERY
5.1 We deliver products only on business days during working hours and, in some cases, on Saturdays. This depends on the country and the carrier used. For specific information about these services, we refer you to the website or customer service of our carrier. You will receive an email with delivery information once your shipment is received by the carrier.
5.2 Once you have placed the order, you can no longer change the delivery address via the Ams Amplifiers website. If a change is necessary, it is recommended to contact our customer service immediately to check if the delivery address can be changed. Ams Amplifiers cannot guarantee that a change of delivery address is still possible at that time. Any additional costs will be passed on to you by Ams Amplifiers, and we will confirm them by email.
5.3 The delivery date of a product depends (i) on the availability of the product in stock, and (ii) on the delivery address provided. If the products are in stock, we will do our best to deliver them within 5 days. In any case, we commit to delivering within 30 calendar days following the conclusion of the contract.
5.4 We assume that the delivery address you provided is accessible without additional efforts with common means of transport. If this is not the case, we ask you to contact our customer service by email (see above) immediately after placing the order.
5.5 Once our carrier has delivered your order to you, the risk related to the products is transferred to you. From that moment, you are responsible for any damage caused to the products after delivery.
5.6 If your shipment shows visible damage, you must notify it at delivery when receiving your shipment (on the delivery documents or the driver's terminal) and inform us within 3 days by contacting our customer service.
5.7 If you notice damage to the products after unpacking your shipment, please inform us within 7 days by contacting our customer service.
6. RIGHT OF WITHDRAWAL
6.1 You can, stating the reasons, revoke the contract concluded with Ams Amplifiers within 14 calendar days following the receipt of the product (or, if you ordered several products that were shipped separately, within 14 calendar days following the receipt of the last shipment). You proceed by sending an email to our customer service, in which case:
6.1.1 Our customer service will contact you to make the necessary arrangements for the collection of the product(s) or may ask you to return the product yourself, and we will reimburse you for the return costs. Please wait for instructions from our customer service. If we cannot contact you within 7 days after you contacted us, we will assume that you cancel your withdrawal.
6.1.2 We will reimburse you immediately, in any case within 14 calendar days from the day we receive the returned products, for the payments related to the purchase price and any delivery costs, except for additional costs if you expressly opted for a delivery other than the standard delivery. For the refund, we will use the same payment method used for payments made or, in consultation, transfer the amount to a bank account indicated by you.
6.1.3 During the withdrawal period, you are allowed to check the nature, characteristics, and/or functioning of the product you purchased, but you must handle the products with care. If handling the product exceeds what is necessary to establish its nature, characteristics, and functioning, you will be responsible for any depreciation of the product that may result. If we have reason to believe that you have used the product beyond checking its characteristics and/or functions, we may need to conduct a quality control. If we can demonstrate that handling of the products has indeed exceeded what is necessary, the quality control will be at your expense. In this case, the associated costs and the depreciation (see below, section 6.1.5) of the product will be deducted from your refund.
6.1.4 Products must be returned to us complete, undamaged, and in the original or equivalent packaging. In case of doubt, we ask you to contact our customer service for instructions.
6.1.5 If, after receipt and quality control, we can demonstrate that the product shows damage (other than demonstrable transport damage) and/or usage traces exceeding what is necessary to determine the nature, characteristics, and/or functioning of the product you purchased, and as a result, the product becomes commercially unsellable for us, we reserve the right to hold you responsible for the depreciation of the product. We will confirm this by email.
6.1.6 If, after receipt and quality control, we can demonstrate that the product shows damage (other than demonstrable transport damage) and/or usage traces exceeding what is necessary, and as a result, we must proceed to repair and/or replace components to make the product commercially sellable again, all related costs will be at your expense. They will be deducted from the purchase price refund. We will inform you and confirm the costs by email.
7. IF A PRODUCT IS DAMAGED OR DEFECTIVE
7.1 If we conclude that there is a defect covered by our warranty, we will:
7.1.1 Proceed to replacement with an equivalent product, if possible; or
7.1.2 If replacement with an equivalent product is impossible, offer you an equivalent replacement product; or
7.1.3 Proceed, in consultation, with the repair.
7.2 If you receive from us a product that is not what you ordered, we ask you to inform our customer service. We will then recover the incorrectly delivered product and deliver the correct product to you or refund the purchase price and any delivery and return costs.
8. REFUNDS
Refunds are made in accordance with these Terms and Conditions and by refunding the same payment method used for your order. Banks can take up to 5 days to process the refund; this delay is beyond Ams Amplifiers' control.
9. LIABILITY
9.1 Nothing in these Terms and Conditions excludes or limits our liability with respect to:
9.1.1 Death or personal injury due to negligence;
9.1.2 Fraud; or the legal requirements or any other liability that cannot be excluded under applicable law.
9.2 To the fullest extent permitted by law:
9.2.1 The website is offered "as is" and without any warranty of any kind; the online images of our products are provided for illustration purposes only and may differ slightly from the product you purchased;
9.3 The total liability, by agreement, for an illegal act (including negligence) or a breach of a legal or other obligation by us, group companies, our employees, or any other person acting on behalf of Ams Amplifiers, may not, per event or series of events linked to one and the same cause, exceed the total price paid for the products to which the damage relates. This does not limit your right to cancel your order.
10. INTELLECTUAL PROPERTY
10.1 Unless otherwise specified, all rights, including copyright and other intellectual property rights on the website and its contents, are the property of Ams Amplifiers or licensed to it. You may not reproduce, alter, publish, transmit, distribute, exhibit, or otherwise use any content of the website for commercial purposes without Ams Amplifiers' written consent.
11. APPLICABLE LAW AND COMPETENT COURT
These Terms and Conditions, the agreement, and any non-contractual obligations relating to these Terms and Conditions are governed by Belgian law. In case of dispute, you can choose to bring your case before the competent courts of Brussels. In any case, we will not act against you in any other jurisdiction than the one in which you reside.
12. OTHER
12.1 If a provision of these Terms and Conditions is deemed invalid, unlawful, or unenforceable, this provision will be modified to the extent necessary to make it valid, legal, and enforceable.
12.2 The invalidity, illegality, or unenforceability of a provision will not affect the validity, legality, or enforceability of other provisions.
13. COMPLAINTS, APPLICABLE LAW, AND JURISDICTION
13.1 Belgian law exclusively applies to all agreements concluded and these General Terms and Conditions, as well as to all (legal) acts between you and us. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 1980 is expressly excluded.
13.2 All disputes arising from the aforementioned agreements or related to these General Terms and Conditions and/or their interpretation or implementation shall be brought to the exclusive attention of the competent court in Liège if, after granting you a period of at least one month from the date we invoked this provision in writing, you have not opted for the settlement of the dispute by the court competent under the law.
14. ENTIRE AGREEMENT
These General Terms and Conditions and our order confirmation together form the complete purchase agreement regarding the order of any product through the online store and replace all previous agreements between you and us regarding the use of the website and/or your order of said product.
These General Terms and Conditions are available in English and French. In case of conflict of interpretation, the French General Terms and Conditions shall prevail.