Terms of service

1. Parties

The limited partnership “Not Dead Enough” (“Commanditaire Vennootschap” in Dutch), registered in the Register of Legal Entities Antwerp, Hasselt Division, with company number 0772.604.010 and registered office at Luikersteenweg 23, 3920 Lommel (Belgium), as well as the website operated by it.

Hereinafter “NDE”,

and

Any natural person or company on whose behalf NDE supplies products, whether or not for the actual beneficiary, hereinafter “Customer”.

2. Validity, notification and acceptance

2.1 These general terms and conditions apply to all offers, orders, products and agreements through NDE's website (https://notdeadenough.be/), to the exclusion of the Customer's general terms and conditions.

2.2 By enlisting NDE's services or placing an order, the Customer expressly declares that he is familiar with and accepts these general terms and conditions. NDE strives to give the Customer sufficient opportunity to consult and thus accept the general terms and conditions. The Customer can freely consult these general terms and conditions via the website or request a copy by sending an email to contact@notdeadenough.be. Where possible, NDE will also explicitly refer to the terms and conditions in order confirmations, invoices and payment reminders, as well as when using the website, whether or not via a clickable link and/or with a mandatory click action by the Customer.

2.3 The Dutch-language terms take precedence over any translations.

2.4 Any nullity or invalidity of one of these terms and conditions shall not entail the nullity of the other clauses or of the agreement. The invalid or void provision should then be read as a valid provision where the result is as close as possible to the intended result of the invalid or void provision.

2.5 If NDE and the Customer enter into a separate written agreement, the provisions of the separate agreement shall take precedence over these general terms and conditions to the extent agreed to by NDE. These general terms and conditions will then serve as supplementary law, to the extent applicable.

3. Offer and establishment of the agreement

3.1 NDE offers various new and used products, including CDs, books, vinyl records, cassettes, and so on. The offer is valid while supplies last and can always be modified or withdrawn by NDE. If the products are second-hand, this will always be clearly and visibly displayed with the product. If a product or promotion has a limited period of validity or is subject to specific conditions, this will be explicitly stated on NDE's website. Under no circumstances will NDE be liable for the unavailability of a product. If a product is not available and the order has already been confirmed by NDE, the parties agree to cancel the transaction without any compensation.

3.2 NDE is not responsible for incorrect representations of offers, services or prices due to incomplete information, printing errors, different color reproduction or information that is out of date. Despite the fact that the online catalog on the website is compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind NDE. NDE is in no case liable for manifest material errors, typographical or printing errors. Images may contain elements that are not included in the price and colors may differ from reality because they depend, among other things, on user screen settings.

3.3 The agreement is established by placing an order through the website and fulfilling the conditions set forth thereby. The Customer is aware that acceptance implies an obligation to pay.

3.4 Accepted orders are confirmed by NDE to the Customer through an order and payment confirmation email.

3.5 NDE reserves the right to accept or refuse orders at its sole discretion. Orders coming from a Customer with whom there is a dispute or from a profile that appears fraudulent or that shows a serious deficiency on the part of the Customer may be canceled or refused by NDE.

4. Delivery

4.1 NDE always takes the greatest possible care in the execution and delivery of orders and products. NDE always works with recognized courier services for delivery, both for orders within Belgium and internationally.

4.2 The place of delivery is the address indicated by the Customer when placing the order. Incorrectly communicated delivery addresses are the responsibility of the Customer and may result in additional costs.

4.3 To the extent possible, the delivery of products will be made within the time communicated in the individual order confirmation. NDE always tries to deliver the products as soon as possible, in any case no later than 30 (thirty) days after the Customer places the order.

4.4 If the Customer has not received the products within 30 (thirty) days of placing the order, the Customer must notify NDE in writing. The Customer may do this by email or registered letter. An additional delivery period reasonable under the circumstances will then be agreed upon. If NDE has still not been able to deliver the goods within that additional period, the Customer has the right to cancel the order. NDE will then refund all costs already paid, including any standard shipping costs paid.

4.5 NDE reserves the right to make partial deliveries.

4.6 NDE reserves the right to charge shipping costs. If these costs are charged, they will always be clearly displayed before the Customer places an order.

4.7 The risk of loss, destruction or damage to the product passes to the Customer when the Customer, or a third party designated by the Customer, other than the carrier, takes physical possession of the products.

5.1 When purchasing products, the Customer has the option to dissolve the agreement without giving reasons for 14 (fourteen) days (the legal right of withdrawal). This period starts the day after receipt of the product by or on behalf of the Customer.

5.2 In accordance with Article VI.53, 9° of the Belgian Code of Economic Law, the right of withdrawal does not apply to sealed audio recordings, sealed video recordings and sealed computer software whose seal is broken after delivery. Both CDs, cassettes and vinyl records fall under this exception and can therefore no longer be returned as soon as the seal of a CD, cassette or vinyl record is broken after delivery.

5.3 If the Customer chooses to return products, he/she must notify NDE within 14 (fourteen) days of receiving the products. This can be done by sending an email to contact@notdeadenough.be, clearly stating that the Customer wishes to return the products and what products specifically are involved.

5.4 The Customer must return products to NDE within a period of 14 (fourteen) days after purchase. The products should be returned neatly and securely packed, if possible in original packaging. The cost of return will be borne by the customer.

5.5 NDE reserves the right to first check the condition of returned products and, if applicable, to charge for any depreciation or damage if it results from handling the products beyond what was necessary to establish the nature, characteristics and functioning of the goods.

5.6 Upon withdrawal and return of the purchased products, NDE will refund all payments received to date (including standard shipping costs) to the Customer within a maximum of 14 (fourteen) days after NDE has received all products, or until the Customer has demonstrated that they were returned, whichever comes first.

5.7 Refunds will be made using the same means of payment chosen by the Customer when paying for the original order.

6.1 NDE guarantees that the products meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

6.2 For new products, the Customer is entitled to a warranty of 2 (two) years from delivery of the products. For second-hand products, the Customer is entitled to a warranty of 1 (one) year from delivery of the products.

6.3 The Customer must notify NDE of the conformity defect within 2 (two) months from the day he/she discovers the defect. The Customer is then entitled to the free repair or free replacement of the ordered product. If free repair or replacement is impossible or would involve disproportionate costs, the Customer is entitled to a refund of the amount paid.

7. Rates and payments

7.1 All rates or prices communicated by NDE to the Customer, whether orally or through its website, are in Euros and are displayed inclusive of VAT. These prices always exclude shipping costs, unless explicitly stated otherwise and exclude any additional taxes, customs duties, excise duties and (shipping) costs. Temporary offers or offers made under specific conditions are displayed separately.

7.2 Unless otherwise agreed in writing, orders are settled and paid for immediately when the order is placed. Possible payment methods are Visa, Mastercard, Paypal, Bancontact, iDeal, KBC payment button, Belfius payment button, ING Home Pay or Apple Pay.

8. Termination and force majeure

8.1 NDE may terminate the contract if it cannot fulfill its obligations due to temporary or permanent force majeure. Force majeure means all circumstances that cannot reasonably be influenced by NDE such as and not limited to: pandemic, strikes, traffic restrictions, exceptional weather conditions, fire, delayed or faulty delivery by third parties, etc. In this case, the Customer is entitled to a refund of amounts already paid to NDE, without additional compensation, for products ordered and not yet delivered.

8.2 NDE may suspend the continuation or renewal of a contract or terminate it out-of-court, without being liable for damages, if the Customer does not respect the payment obligation.

8.3 The parties may terminate the contract out-of-court and free of charge if the other party fails to fulfill its contractual obligations. The parties shall confirm any intention to terminate to each other in writing, stating reasons and as soon as possible.

8.4 The Customer remains liable for the payment of debts incurred before the date of termination. If ordered products were only partially delivered, regardless of the time, they will be charged separately.

9. Liability

9.1 NDE's liability is always limited to direct damages and is only invocable to the extent that it would result from NDE's failure to fulfill its commitment to deliver ordered products or was caused by intentional misconduct, gross negligence or fraud on the part of NDE and/or its appointee(s). NDE shall never be liable for or liable to compensate any intangible, indirect or consequential damages, including (but not limited to) loss of profits, loss of sales, loss of revenue, production limitations, administrative or personnel costs, an increase in overhead costs, loss of customers or third party claims.

9.2 NDE shall not be liable for damage caused by a defect in the products delivered, if such damage is due not only to that defect, but also to an error or negligence of the Customer or user or of a person for whom the Customer or user is responsible.

9.3 To the extent that NDE depends on the cooperation, services and supplies of third parties in the performance of its commitments, NDE is not liable for any damages resulting from the third party's fault.

9.4 NDE's contractual and extra-contractual liability is at all times limited to the amount paid by the Customer for the product that triggered NDE's liability.

9.5 If one of the parties does not execute the agreement, only partially or incorrectly, the party that has suffered damage shall notify the other party in writing within 14 (fourteen) calendar days, stating the reason and an estimate of the damage suffered. In no case shall this release the Customer from the obligation to pay for products and orders not directly related to the damage.

9.6 Following a notice of default from the Customer, NDE always has the right to remedy the shortcoming.

9.7 If the Customer, through any contractual or extra-contractual failure on his or her part, compromises NDE's liability, he or she must take all necessary measures to indemnify NDE against any damages it may incur as a result.

9.8 If the Customer has ordered or resold products for a third party end-user, NDE remains bound only by its obligations to the Customer. In this case, the Customer assumes the responsibilities and legal obligations to the end user.

10. Website

10.1 NDE may modify, limit or expand the form and content of its website at its own discretion.

10.2 Although NDE makes every effort to keep the website functioning optimally and secure, possible breakdowns, interruptions, loss of data or unintentional spreading of viruses or malware can never be ruled out. NDE cannot be held liable for this.

11. Processing of personal data

11.1 NDE and/or its appointee(s) collect and process the personal data received from the Customer for the purpose of executing the agreement, fulfilling orders, delivering goods, handling complaints, invoice collection, promotional or informational communication, customer management, accounting and direct marketing activities in accordance with the General Data Protection Regulation (GDPR) and relevant Belgian legislation. The legal grounds are performance of the contract, fulfillment of legal and regulatory obligations and/or legitimate interest. Want to know more? Read NDE's privacy policy.

12. Intellectual property rights

12.1 All documents, images, texts, designs and all other intellectual works created by NDE, regardless of form, remain the property of NDE. The Customer is not permitted to distribute, copy, publish or use them in any way himself or with the help of third parties without NDE's explicit prior consent.

12.2 The Customer or visitor to the website may not modify, copy, distribute, transmit, translate, distribute, display, reproduce, publish, license, transfer or sell any information, software, product or service obtained or ordered through the website, nor create works derived from the aforementioned elements, without the prior written consent of the rights holder or NDE. The same applies to the extracts from works offered on this website, even if offered free of charge.

12.3 Any infringement of these intellectual rights may give rise to civil and criminal prosecution.

13. Complaints

13.1 Any complaints about the service must reach NDE within 14 (fourteen) calendar days in written form (e.g., by email), after which NDE will acknowledge receipt of the complaint within 30 (thirty) days and then deal with it as soon as possible and to the best of its ability.

14. Litigation and applicable law

14.1 In case of disputes arising out of or related to these general terms and conditions, the validity, performance or interpretation of the agreement or service, the parties will seek an amicable solution.

14.2 Belgian law is applicable to disputes relating to these general terms and conditions, the validity, performance or interpretation of the contract or the provision of services, which cannot be resolved amicably, except when the mandatory provisions on applicable law for consumers come into play and designate a different law. In case of legal disputes, the Belgian courts of the registered office of NDE are competent except when the mandatory provisions on jurisdiction for consumer contracts apply.

15. Contact details

Not Dead Enough CommV
Luikersteenweg 23
3920 Lommel
Belgium

VAT: BE 0772.604.010
Email: contact@notdeadenough.be
Phone: +32 (0) 499 13 60 69