Leapwing bvba, a private limited liability company incorporated under the laws of Belgium, with registered office at Kanaalstraat 12, 3650 Dilsen-Stokkem, and registered under company number 0645.610.422, further referred to in brief as “Leapwing”, is an ecommerce business that trades internationally.
1. Definitions
The following terms shall have the following meanings in the context of these General Terms and Conditions of Business (“General Terms”):
1.1. “CEL” means the Belgian Code of Economic Law (Wetboek Economisch Recht).
1.2. “Customer” shall mean both consumers and businesses. A consumer is a natural person who enters into a legal transaction for a purpose that cannot be attributed to that person’s trade, business or profession (Art. I.1,2° CEL). A business is a natural person or legal entity or partnership with legal capacity that enters into a legal transaction in the course of his/her/its trade, business or profession (Art. I.1,1° CEL).
1.3. “Leapwing website” means any web page operated by Leapwing for the sale of the Products and Services that is identifiable from the General Terms as well as Leapwing’s legal information posted on it. Web pages operated by Suppliers are expressly not covered by this definition.
1.4. “Products and Services” means (a) Software, (b) a decryption or authorization code, a series or authorization number, a download link or similar code or mechanism, that gives the Customer (as defined in Clause 2) access, first-time use or continued use of the Software or a Service, (c) other (also physical) Products, or (d) Services sold by Leapwing to the Customer.
1.5. “Security Code” means a numerical security feature embossed or printed on the front or back of most Visa, MasterCard, Discover, American Express and other credit cards.
1.6. “Software” means all the Supplier’s computer programs marketed in any form and through any medium via Leapwing’s ecommerce site.
1.7. “Supplier” means any natural person or legal entity that provides, generates, manufactures or delivers Products and Services within the meaning of Clause 1.2 to Leapwing for the purpose of resale to a Customer.
2. Scope and applicability
2.1. These General Terms regulate the legal relationship between Leapwing and the Customer for the sale of Products and Services via Leapwing’s retail channels. The following provisions are addressed both to consumers and to businesses. These General Terms apply to all offers, acceptances, deployments, deliveries of services and supplies by Leapwing or to the Customer in connection with the sale of Products and Services via a Leapwing website and exclude the conditions of the Customer or third parties that depart from the same; departing conditions shall require written acceptance by Leapwing. These General Terms shall apply even where Leapwing performs its contractual obligations without reservation despite being aware that the Customer’s conditions are inconsistent with the General Terms. Where the sale of Products and Services includes the delivery of Software or the provision of Services or other performance by third parties, the particular licence and other conditions of the third party shall apply above and beyond these General Terms.
2.2. For Customers placing their order from the USA or from a country other than the USA which is not a member of the European Union, the provisions of Clause 15 of these General Terms shall not apply.
2.3. Any order shall imply the full acceptance of these general conditions and, where applicable, the special terms and conditions specified in the quote concerned.
No other terms and conditions that may be referred to in the orders of the Customer or his representatives, the exchange of letters, the conditions of purchase or other documents of the Customer shall apply, even if these have not been explicitly rejected by Leapwing.
2.4. Any provision of the order or these general conditions which is finally determined to be invalid or unenforceable in any jurisdiction shall be ineffective only to the extent of such invalidity or unenforceability, without invalidating or rendering unenforceable the remaining provisions. Any invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction. Any invalid or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision.
3. Entry into a Contract (Offer, Confirmation and Acceptance)
3.1. An order placed by the Customer represents an offer addressed to Leapwing for the purchase of Products and Services under these General Terms. All orders placed by Customers require subsequent acceptance by Leapwing. The customer order is accepted through the download authorization, the sending of the ordered goods or the provision of a Service. In principle this only happens, and the Contract only comes into existence, when the payment by the Customer for the Products and Services at the price applicable upon purchase has been credited to a Leapwing account or there has been successful authorization of the credit card or other form of payment by the Customer accepted by Leapwing. In the case of purchase on account or purchase with grant of a direct debit authorization (where offered) the download authorization, the provision of the Service or the sending of the ordered goods occurs without receipt of payment in advance.
3.2. Leapwing may, at its own discretion, use third parties to carry out its services.
4. Customer Warranties
4.1. The Customer warrants that all the information he/she/it provided when placing his/her/its order was up-to-date and accurate in all material respects and that it is adequate for Leapwing to carry out the order. Additional costs, incurred by Leapwing as a result of false or incomplete information shall be for the account of the Customer.
4.2. To the extent that the Customer has access to a customer account with Leapwing he/she/it is him/her/itself responsible for looking after and immediately updating his/her/its account details in terms of its accuracy and completeness; the Customer shall not on any account disclose the password used to access the customer account.
4.3. The Customer shall be obliged to pay for all orders activated using his/her/its user name and password. This payment obligation only lapses if the Customer is able to prove that he/she/it did not negligently or deliberately facilitate an order using his/her/its user name and password. The Customer shall otherwise be obliged to pay for an order made using his/her/its user name and password unless the Customer has, prior to the relevant order, requested that Leapwing block his/her/its user access and password and between the arrival of the Customer’s blocking request and the arrival of the order Leapwing has failed to block the user access and/or password despite the lapse of a reasonable length of time.
5. Approvals, Exports, Customs Duties
5.1. To the extent that an approval or licence from the government or other authority is required for the acquisition, transportation or use of Products and Services, the Customer shall be obliged to obtain such approval or licence at his/her/its own cost and provide Leapwing with evidence of the same upon request. The fact that the Customer has yet to obtain an approval or licence shall not entitle the Customer to withhold or delay payment. All costs and expenses incurred to Leapwing on the basis of such a failure to obtain an approval or licence or its being obtained erroneously shall be for the account of the Customer. For consumers this shall not apply in relation to an approval or other permit for transportation.
5.2. The Products and Services sold by Leapwing and made available to the Customer electronically or physically may give the Customer access to technologies and Software which are subject to the export controls of Belgium, the export controls of the United States of America or those of the countries in which the Products and Services are being marketed or in which they are being used. The Customer undertakes to observe these export controls. Leapwing shall be entitled to withdraw from the Contract where the Customer breaches export controls.
5.3. Importing goods into the European Economic Area may, where specific goods values are exceeded, lead to customs duties (e.g. where the value of the goods exceeds the Customer’s personal allowance). Upon the arrival of the goods at the place designated by the Customer the latter may incur customs duties, import duties or taxes imposed by the relevant authorities. All such additional costs shall be borne by the Customer as they are beyond Leapwing’s control and the latter has no knowledge of them. More detailed information on customs regulations or duties can be obtained by the Customer from the customs office responsible for his/her/its jurisdiction.
6. Prices, Payment Conditions and Delay
6.1. Unless otherwise indicated, all prices specified by Leapwing on the Leapwing website are deemed to be in the currency quoted there. With respect to delivery and supply the prices indicated at the time of the order shall apply. Unless otherwise indicated, the prices indicated are understood as inclusive of VAT but do not include the costs of delivery or transportation to the designated delivery point (delivery charges are listed separately on the Leapwing website and on Leapwing’s invoices) or any (sur-) charges, fees or commissions charged by Customer’s bank, financial institution or credit card organization. The Customer states his/her/its agreement to the order of the delivery or transportation costs for the Products and Services listed by Leapwing at the time of purchase.
6.2. The payment of the purchase price falls due immediately upon entry into the contract and shall take place in the manner specified on the Leapwing website. With the exception of purchases on account payments shall take place prior to delivery. Where the Customer has purchased Products or Services with recurring payment obligations (subscriptions) the prices are due at the agreed interval(s) and the Customer shall pay these or make the corresponding purchase price available using the payment option he/she/it has selected for debiting by Leapwing. The payment obligation for such products or services will not recur if the customer makes a clear declaration informing Leapwing of his decision to terminate the contract. This will only be effective if it is done prior to the end of the subscription period for the product or service and within the announced termination notice period. In this case, any recurring opportunity or license to use the products and services and/or other opportunity or license to use the products and services mentioned in these Standard Terms of Business shall lapse.
6.3. If the Customer is not a consumer, the following provisions shall apply:
The Customer shall identify himself as a business when the order is placed. Leapwing may consider the address provided as Customer’s place of business, unless indicated otherwise. If Customer’s VAT ID is registered to another place, Leapwing may also employ that information for tax purposes. If the Customer is required to pay or withhold any tax for payments made to Leapwing, Leapwing remains entitled to the amount due under Clause 6.2 in full and free of any deductions. The purchase price shall be increased by the amount of taxes paid or withheld by the Customer (gross-up). The Customer will provide documentation to Leapwing, which certifies that all applicable taxes have been paid to the relevant tax authority within 30 days after the date of payment of the purchase price. For purposes of this clause, taxes means any sales, use, gross receipts, business, occupation, and other taxes (other than taxes on the income of Leapwing) and similar charges imposed by any government or other authority, with the exception of VAT levied by a member of the European Union.
6.4. In case of any advance deliveries (purchase on account or purchase with grant of a direct debit authorization) payments shall be made in full irrespective of any claims for short deliveries or product defects. If payment is made with any one of the following payment methods, Customer will have 35 days to complete the order by providing funds for the order: wire transfer, PayPal. Leapwing reserves the right to cancel any order if payment has not been completed within 35 days.
6.5. Bills of exchange and cheques are only accepted as payment by Leapwing to the extent these are expressly offered by Leapwing on the Leapwing website and are accepted for processing; they shall count as payment only once they have been redeemed. Discount and collection charges shall be for the Customer’s account. Leapwing shall not be liable for their prompt submission.
6.6. To the extent that in case of purchase on account the invoice includes a payment deadline the Customer shall be in arrears if the full purchase price payment is not credited to a Leapwing account or received by Leapwing within such deadline. In the case of payment obligations on the part of the Customer that the latter has to comply with in respect of Leapwing by granting a debit authorization or direct debit authorization (in particular also in cases of recurring payment obligations) the Customer shall be in default if the payment method selected by him/her/it is, at the time debited by Leapwing, insufficient to cover the full amount.
6.7. In the event of non-payment at the due date, interest is payable at 1% per started calendar month. In addition, Leapwing is de jure and without notice of default, entitled to lump sum damages of 10% of the invoice total, subject to a minimum of Euro 125 and without prejudice to Leapwing’s right to claim higher compensation in case of evidence of higher actual damages. In the event of non-payment at the due date, Leapwing reserves the right to suspend any pending orders or to suspend any other contractual obligation it might have. Leapwing can not be held liable for any possible (future) delay in delivery dates due to this suspension.
6.8. In case of default Leapwing reserves the right to cancel the order and/or claim damages.
7. Force majeure
7.1. Leapwing shall at no time be held liable for costs, damages, interests or similar payments should Leapwing be unable to meet its obligations in respect of the Customer through circumstances beyond its control. In such case Leapwing shall notify the Customer at the earliest opportunity.
7.2. For the purposes of these general conditions, circumstances beyond Leapwing’s control (“Force Majeure”) shall mean all facts and circumstances outside the control of Leapwing, regardless of whether they could or could not have been foreseen at the time when the agreement was entered into. Force majeure includes inter alia war, terrorist attack, natural circumstances, strike or lock-out, fire, flood, governmental restrictions and/or actions like expropriation, embargo or bans on imports or exports, shortage of means of transport, general scarcity of raw materials or goods, and restrictions on the use of energy, irrespective of whether the event or the force majeure arises with Leapwing or with one of its suppliers.
7.3. Without prejudice to any other remedies Leapwing may have, in the event of Force Majeure, Leapwing is entitled to terminate the contract in respect of the component that has not yet been implemented, once the situation of Force Majeure has continued beyond a period of 4 (four) weeks, or else to adapt the contract, including the prices and/or conditions to supply, to the prevailing circumstances, without Leapwing being in any way liable.
8. Payment by Credit Card
8.1. Where payment is made by credit card the Customer shall provide full credit card data (cardholder name, card number, expiry date, security code) when placing the order and thereby declares his/her/its agreement to Leapwing’s taking payment for the order via the relevant credit card company, in particular in case of internet orders.
8.2. Leapwing shall take all reasonable steps to protect the credit card data against unauthorized access by third parties. The Customer is aware that in particular where such data is transferred electronically the possibility of such data becoming known to unauthorized third parties cannot be excluded.
9. Delivery, Delivery Period
9.1. The delivery of the ordered goods shall be carried out according to the delivery information on the relevant Leapwing website, as amended from time to time.
9.2. The agreed delivery period shall begin upon receipt of payment in full by Leapwing or following express written acceptance of the order by Leapwing. Where relevant it is extended by such time as the Customer requires in order to supply the data necessary for the processing of the order to Leapwing or the Leapwing payment services provider selected by the Customer.
9.3. Delivery delays caused by statutory or official arrangements (e.g. import and export restrictions) and that are not the fault of Leapwing shall extend the delivery period for a time equivalent to the duration of such obstacles. In important cases Leapwing shall immediately notify the Customer of their commencement and termination, to the extent Leapwing is aware of the same.
9.4. The delivery dates are stated in good faith and serve as an indication only. Delays in execution will in no event give rise to penalties, damages or cancellation of the agreement.
9.4.1. Upon purchase of digital Products and Services the Customer receives, following the order, access to a code for the activation of the Software, access to a webpage with a download link for the downloading of the Software, or the use of the digital Product or Service is facilitated or provided in some other way. Upon purchase of digital Products and Services with recurring payment obligations (subscriptions) the download shall only be authorized, the Service supplied or the ordered goods dispatched in each case after full receipt of payment for the period for which the recurring payment obligation exists.
9.4.2. To the extent the Customer is offered digital Products and Services or parts thereof by Leapwing or third-party servers via the electronic transfer of a code, access to a website with a download link, or similar manner, an obligation is only to be performed at the debtor’s (Leapwing’s) place of business. Following access to the required data the Customer alone shall decide if and when he/she/it will download or activate the digital Products and Services from the servers of Leapwing or a third party, or when he/she/it will make use of the digital Products and Services.
9.5. Physical Products and Services
9.5.1. To the extent that the purchase of Products and Services includes the delivery of physical Products, delivery shall be made to a valid address specified by the Customer. The Customer shall be obliged to check the delivery address on all the confirmations and acceptances issued by Leapwing and immediately to notify Leapwing of any errors or omissions. The costs arising as a result of an amendment to the delivery address undertaken by the Customer following the submission of his/her/its order shall be borne by the Customer.
9.5.2. To the extent the Customer fails to accept the delivered Products, or to the extent he/she/it rejects them, risk of damage or loss of the Product shall pass to the Customer without prejudice to all other rights to which Leapwing is entitled: Leapwing shall be entitled, at the Customer’s risk and cost, to endeavor to have the Product delivered by such means it deems suitable and reasonable and to put the Product into storage at the Customer’s risk and cost.
The Customer shall be obliged upon request to settle all reasonable storage costs as well as all other reasonable costs in respect of the unsuccessful offer and retention of the goods owed such as arise from the omission to accept or the rejection of the goods.
9.5.3. Leapwing shall be entitled to make part deliveries insofar as this is reasonable. To the extent Leapwing makes part deliveries each part delivery shall represent a separate contract; this shall not apply to consumers. Customers that are businesses shall, in case of defects in one or more part deliveries, not be entitled to cancel subsequent part deliveries.
9.5.4. Where the Customer is a consumer the risk of accidental destruction and accidental deterioration of the ordered Product shall pass to the Customer upon delivery of the same. Where the Customer is a business, the risk of accidental destruction and accidental deterioration passes to the former as soon as the Product passes to the person carrying out transportation but no later than upon entering the Customer’s possession.
10. Duty of Inspection and Notification
Where the Customer is a business he/she/it shall be obliged to test the Products in normal operating conditions immediately after delivery and to make sure that they are in perfect condition, match the product description and are complete. Claims may only be made in respect of rights based on Product defects or a short delivery if the Customer notifies Leapwing in writing or by email of the Product defects or short delivery immediately and in any case no later than five days after receipt of the Products or in the case of a hidden defect immediately after becoming aware of the same. After such period of five (5) calendar days, any apparent defect will be considered to be definitively accepted by the Customer. In any case, the Customer may not refuse the products for minor or futile reasons.
11. Retention of Title
Leapwing retains title to the Product until payment in full of all claims under the sales agreement including secondary claims (e.g. costs of exchange, financing costs, interest etc.). Where the Customer acts in breach of contract Leapwing shall be entitled to demand the return of the Product. Neither the retraction nor any seizure of the item to which title is retained shall amount to rescission of the Contract.
Leapwing is hereby irrevocably authorized to take back the products delivered under retention of title (or to have them taken back) without any judicial intervention, prior warning or notice of default. The Customer must grant its cooperation hereto under penalty of a fine of five hundred euros (EUR 500) for each day that he remains in default. The Customer will inter alia inform Leapwing regarding any additional local requirement applicable in the region where the products he bought from Leapwing are stored, so as to establish and exercise Leapwing’s retention of title. The agreement is not dissolved through repossession by Leapwing, unless Leapwing notifies such to buyer in writing.
If the Customer is in default of payment and Leapwing takes back the delivered products making use of its right of retention of title as referred to in this article, any related costs are for the account of the Customer, without prejudice to Leapwing’s right to claim compensation in case of depreciation (for any reason whatsoever) with respect to the products.
12. Usage Rights, Licence
12.1. To the extent that the Products and Services delivered by Leapwing consist of or include Software or a Service, the Customer accepts that Leapwing sells the Software or the Service for the Suppliers of the same and that Leapwing therefore grants the Customer no rights to use the Software or the Service; any usage rights over the Software or the Service (including any conditions or restrictions on such usage rights) shall be granted to the Customer exclusively by the Supplier and not by Leapwing.
12.2. The content and scope of any such usage rights are, to the extent granted by the Supplier, described in the Supplier’s licensing conditions and terms of use (“EULA”) which the Customer receives upon purchasing the Software or the Service, or which are enclosed with the Software, or which are notified to the Customer before or during use of a Service. The Customer acknowledges that the Software or Service may only be reproduced, adapted, transmitted, made available, marketed, altered, disassembled, decompiled, re-transmitted or combined with other Software or another Service as expressly permitted under the EULA or the relevant statutes.
12.3. Where the Customer (a) does not receive the EULA prior to purchase of the relevant Software or the relevant Service or the EULA are not enclosed with the Software and (b) does not use or has not used the Software or the Service or (c) does not agree to the licensing conditions and terms of use and does not wish to use the Software or the Service on the basis of these licensing conditions and terms of use, the Customer may contact Leapwing and request the repayment of the amounts paid for the Software or the Service – where Leapwing requests in exchange for the return of the Software or Service to Leapwing (where possible); in such a case, however, the Customer shall have no rights whatsoever to use such Software or such Service.
12.4. You are allowed to re-sell your purchased Leapwing Plugin and the associated license. Upon request, Leapwing can transfer your purchased license to the buyer of your Leapwing plugin. In order to do so, please email to support@leapwingaudio.com with the following information:
– Full name and email address of the buyer and new owner;
If you are reselling an EDU-version, you will need to provide binding and authentic proof the buyer is eligible for the educational license under the existing Leapwing terms and conditions. Should you fail to provide such proof, Leapwing will invoice the remainder of the full license to You.
You will be charged and invoiced a one-time administration fee before the new license code will be issued to the buyer of your Leapwing plugin.
13. Data Protection
Customer data is subject to electronic data processing. Where necessary Leapwing forwards personal data to the Supplier of the Products and Services purchased by the Customer, service partners or affiliated companies, some of which may be located outside the European Economic Area, including the USA, subject to compliance with the appropriate security measures and observance of the statutory provisions. Leapwing’s full data protection regulations can be viewed under “Data Protection”. One of our sources of personal data is from 3rd parties but only when the data owner has provided consent for this.
14. Defects, Claims in respect of Defects and Exclusion of Liability
14.1. All information on Leapwing’s Products and Services is merely by way of description and does not represent a guarantee.
14.2. Defective Products and Services
A Product is defective where it lacks the agreed quality, is not suitable for the agreed use or appropriate for the customary use and does not demonstrate the quality usual for Products of the same type and which the purchaser can expect of this type of Product. A Product is also defective where it infringes industrial property rights, copyright or other third-party rights. The technical and legal regulations applicable in Belgium shall apply unless specifically agreed otherwise.
Services or the provision of services are defective to the extent they do not comply with the contractual agreements.
14.3. Claims for Defects
14.3.1. Claims for Defects by Businesses
Where it has carried out or delivered defective Products and Services to a business Leapwing may choose whether to make good the defects by way of supplementary performance or whether it will replace the defective Products and Services with a new Product or Service free of defects.
Where the supplementary performance fails the business shall be entitled to bring a claim in respect of its statutory warranty rights as follows:
The right to loCEL the relevant purchase price (price reduction) is excluded.
The right of cancellation shall be limited to the relevant order.
Where the business is entitled to claim damages instead of performance or to rescind the contract or still to claim supplementary performance Leapwing may require him/her/it to exercise his/her/its rights within a reasonable period. The business shall notify Leapwing of his/her/its decision in this regard. Where the business fails to exercise his/her/its rights within the deadline a claim may only be brought for damages in lieu of performance or notice given of rescission where a new, reasonable deadline for supplementary performance, to be specified by the business, has expired unsuccessfully.
The limitation period for defects claims by businesses shall be twelve (12) months from delivery of the Product.
14.3.2. Claims for Defects by Consumers
Where it has carried out or delivered defective Products and Services to a consumer the latter shall be entitled without restriction to statutory warranty rights with the exception of the damages limitation in Clause 14.5 of these General Terms. In particular, the consumer may choose whether Leapwing should make good the defects by way of supplementary performance or replace the defective Products and Services with a new Product or Service free of defects. Leapwing is, however, entitled to refuse the selected form of supplementary performance where this is possible only at excessive cost and the other form of supplementary performance is available without material disadvantage to the consumer.
Where the supplementary performance fails it shall generally be at the Customer’s discretion to opt for a loCELing of the purchase price (reduction) or to rescind the contract.
The limitation period for defects claims by consumers shall be twenty-four (24) months from delivery of the Product.
14.4. Legal Consequences of Rescission
Where the Customer exercises an existing right of rescission, the contractual parties shall return the services received and surrender any use or enjoyment derived. At the same time, the Customer’s right to use the Products or Services shall cease. In the case of Software previously purchased the Customer shall immediately remove this from all installations, storage media and other files and shall destroy the physical components of the Products and Services as well as any copies made of the Software. In addition, the Customer shall make a separate written statement that it will undertake the actions set out above.
14.5. Disclaimer
14.5.1. ANY LIABILITY ON THE PART OF LEAPWING FOR CONSEQUENCES THAT HAVE ARISEN FROM ALTERATIONS MADE TO THE PRODUCTS AND SERVICES BY THE CUSTOMER OR BY A THIRD PARTY OR THAT HAVE ARISEN THROUGH THE MISHANDLING OR INCORRECT OPERATION OF THE PRODUCTS AND SERVICES SHALL BE EXCLUDED.
14.5.2. ANY LIABILITY ON THE PART OF LEAPWING FOR THE ADEQUACY OF THE OPERATION OF THE PRODUCTS AND SERVICES FOR THE SPECIFIC REQUIREMENTS OF THE CUSTOMER OR FOR THE COMPATIBILITY OF THE PRODUCTS AND SERVICES WITH COMPONENTS WITHIN THE SPECIFIC HARDWARE CONFIGURATION AT THE CUSTOMER’S PREMISES SHALL BE EXCLUDED.
14.5.3. UNLESS OTHERWISE SPECIFIED IN THIS CLAUSE 14.5, LIABILITY ON THE PART OF LEAPWING FOR ACTS OR OMISSIONS ATTRIBUTABLE TO SIMPLE NEGLIGENCE ON THE PART OF LEAPWING SHALL BE STRICTLY EXCLUDED.
14.5.4. WHERE LEAPWING NEGLIGENTLY BREACHES A MAIN OBLIGATION THAT IS MATERIAL TO THE CONTRACT (MATERIAL CONTRACTUAL OBLIGATION), LEAPWING’S LIABILITY FOR DAMAGES SHALL BE LIMITED TO FORESEEABLE DAMAGE TYPICALLY ARISING IN SUCH CIRCUMSTANCES. MATERIAL CONTRACTUAL OBLIGATIONS ARE THOSE THAT NEED TO BE COMPLIED WITH IF THE PURPOSE OF THE CONTRACT IS TO BE ACHIEVED.
14.5.5. WHERE THE CUSTOMER BRINGS DAMAGES CLAIMS BASED ON LEAPWING’S DELIBERATE OR RECKLESS BREACH OR ON THE ABSENCE OF A FEATURE GUARANTEED BY LEAPWING, LEAPWING SHALL BEAR LIABILITY WITHIN THE STATUTORY LIMITS.
14.5.6. THIS SHALL BE WITHOUT PREJUDICE TO LEAPWING’S LIABILITY FOR CULPABLE LOSS OF LIFE, PERSONAL INJURY OR DAMAGE TO HEALTH. THE SAME SHALL APPLY TO LIABILITY UNDER THE BELGIAN PRODUCT LIABILITY ACT.
14.5.7. WHERE LEAPWING’S LIABILITY IS EXCLUDED OR LIMITED, THIS SHALL ALSO APPLY TO THE PERSONAL LIABILITY OF LEAPWING’S WORKERS, EMPLOYEES, CO-WORKERS, LEGAL REPRESENTATIVES AND VICARIOUS AGENTS.
IN ANY EVENT, LEAPWING SHALL NOT BE LIABLE TOWARDS THE CUSTOMER OR ANY THIRD PARTY FOR INDIRECT OR CONSEQUENTIAL LOSS, SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF CLIENTELE, INCREASE OF OVERHEAD EXPENSES OR LOSS OF DATA, AS A CONSEQUENCE OF DISTORTIONS OR DISCONTINUATION IN THE FUNCTIONING OF THE PRODUCTS
15. Revocation Right for Consumers
The provisions of this section 15 shall only apply to customers who place an order from a member state of the European Union:
15.1. Revocation
Customers who are consumers shall have the right to revoke this contract within fourteen (14) days without stating a reason.
In the case of a contract for services or a contract for the delivery of individually acquired or recurring digital content not installed on a physical data carrier, the revocation period shall be fourteen days from the date the contract was concluded.
In the case of a purchase agreement for the delivery of goods (e.g. back-up CDs), the revocation period shall be fourteen days from the date on which the consumer – or a third party designated by the consumer who is not a freight carrier – takes possession of the goods.
To exercise the right of revocation, the consumer must inform Leapwing (Leapwing bvba, Kanaalstraat 12, 3650 Dilsen-Stokkem, e-mail: contact@leapwingaudio.com) by making a clear declaration of his decision to revoke the contract (e.g. by letter sent by regular mail, fax, or e-mail). The consumer can use the model revocation form following these revocation instructions for this purpose, but it is not a requirement.
To meet the revocation deadline, it is sufficient for the consumer to send notice that he is exercising his right of revocation prior to the expiration of the revocation period.
15.2. Legal Consequences of Revocation
15.2.1. If the consumer revokes this contract, Leapwing must promptly refund all of the payments Leapwing received from the consumer, including delivery costs, no later than fourteen (14) days from the date on which the notice of revocation of the contract was received by Leapwing (with the exception of additional costs incurred because the consumer has chosen a different mode of delivery than the most cost-effective one, i.e. the standard mode of delivery offered by Leapwing). For this refund, Leapwing shall use the same means of payment that was used by the consumer in the original transaction, unless otherwise expressly agreed with the consumer. In no case shall the consumer be charged a fee for the refund.
15.2.2. In the case of a contract for services, the following shall apply: If the consumer requested that the services commence during the revocation period, the consumer shall pay Leapwing a reasonable amount, which corresponds to the percentage of services provided by the time the consumer informs Leapwing of the exercise of his right to revoke the contract, as compared to the total scope of the services contemplated by the contract.
15.2.3. If there is a purchase agreement for the delivery of goods, the following shall apply:
Leapwing can refuse to make a refund until it has received the goods back or until the consumer proves that he has sent the goods back, whichever is earlier.
The consumer shall promptly return or send the goods to Leapwing no later than fourteen days from the date on which the consumer informed Leapwing of the revocation of the contract. The deadline is met if the consumer sends the goods before the expiration of the fourteen-day period. The consumer shall bear the direct costs of returning the goods.
The consumer must only pay for the diminished value of the goods if the diminished value is attributable to his treating the goods in an unnecessary manner to examine their quality, characteristics, and functionality. To “examine their quality, characteristics, and functionality” means to test and try out the goods, as is possible and usual in a shop. In other respects, the consumer can avoid the duty to pay compensation for value lost through his use of the item for its intended purpose by not treating the item as his own property, but avoiding anything that could impair its value.
15.2.4. Under Section VI.53 CEL, the right of revocation does not arise or exist
• With respect to a contract for services, upon full execution of the service is case Leapwing has started to execute the contract with the express prior written consent of the consumer and provided that the consumer has acknowledged that he will lose his right of revocation as soon as Leapwing has fully executed the contract (VI.53,1°);
• with respect to contracts for the delivery of goods if they are not ready-made but were manufactured in accordance with an individual choice or determination of the consumer or are clearly tailored to the personal needs of the consumer (Section VI.53,3° CEL), and
• with respect to contracts for the delivery of audio and video recordings or computer software in a sealed package if the seal was broken after delivery (Section VI.53,9° CEL).
End of the revocation instructions
Model revocation form
(If you wish to revoke the contract, please fill out this form and send it back.)
To Leapwing bvba, Kanaalstraat 12, 3650 Dilsen-Stokkem, , email: contact@leapwingaudio.com
I/we hereby revoke (*) the contract for the purchase of the following goods (*) /the provision of the following services (*) concluded by me/us
Ordered on (*) /received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notices in paper form)
Date
Please delete what does not apply.
16. Jurisdiction and Applicable Law
16.1. The conditions of sale are governed by Belgian law under exclusion of the United Nations Convention on contracts for the international sale of goods (CISG), signed in Vienna on 11 April 1980.
16.2. In the event of dispute the courts of Brussels (Belgium) have exclusive jurisdiction. All costs connected with collection by legal means, including fees, will be borne by the purchaser.
17. Entire Agreement
These General Terms cover the entire agreement between the Parties in relation to the stated dealings and replace any previous or simultaneous agreements, communications and arrangements between the Parties (whether oral or in writing) in relation to the present subject matter. Amendments and additions to these General Terms shall be in writing. The written-form requirement may only be waived in writing.
Leapwing BVBA
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