This legal notice contains cuesblowout’s most up to-date General Terms and Conditions and our Terms and Conditions of Sale in that order.
General Terms and Conditions
1.1 By accessing any part of the Sites, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Sites immediately.
1.2 Cuesblowout may revise this legal notice at any time by updating this posting. You should check the ” Legal Notice” link on the Sites from time to time to review our current legal notice because it is binding on you. Certain provisions of this legal notice may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of the Sites.
2.1 You are permitted to print and download extracts from the Sites only for personal, non-commercial use on the following basis:
2.1.1 no documents or related graphics on the Sites are modified in any way;
2.1.2 no graphics on the Sites are used separately from accompanying text; and
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Sites (including without limitation trademarks, logos, brands, trading names, photographs and graphic images), are owned by Cuesblowout, their respective third-party partners, or its licensors. For the purposes of this legal notice, any use of extracts or material from the Site other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
2.3 Subject to paragraph 2.1, no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Cuesblowout prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 Whilst Cuesblowout endeavors to ensure that the Site is normally available 24 hours a day, Cuesblowout will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
3.2 Access to all or any part of the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Cuesblowout’s control.
4. Visitor Material and Conduct
4.2 You are prohibited from posting or transmitting to or from the Site any material:
4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
4.2.2 for which you have not obtained all necessary licenses and/or approvals; or
4.2.3 constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party enforceable in any other country in the world; or
4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Site (including, without limitation, by hacking).
4.4 Cuesblowout will fully cooperate with any law enforcement authorities or court order requesting or directing Cuesblowout to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or 4.3.
5. Links to and From Other Sites
5.1 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Sites. Cuesblowout has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content. Thus, Cuesblowout does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk.
5.2 If you would like to link to the Site, you may only do so on the basis that you link to, but do not replicate, one or more of the home pages of the Sites and subject to the following conditions:
5.2.1 You do not remove, distort or otherwise alter the size or appearance of the brands and logos appearing on the Site;
5.2.2 You do not create a frame or any other browser or border environment around the Sites:
5.2.3 You do not in any way imply that Cuesblowout is endorsing any products or services other than its own;
5.2.4 You do not misrepresent your relationship with Cuesblowout nor present any other false information about Cuesblowout;
5.2.5 You do not otherwise use any Cuesblowout trademarks displayed on any of the Sites without express written permission from Cuesblowout; and
5.2.6 Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 Cuesblowout expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and take any action it deems appropriate.
5.4 You shall fully indemnify Cuesblowout for any loss or damage suffered by Cuesblowout or any of its group companies for breach of paragraph 5.2.
6.1 Whilst Cuesblowout endeavors to ensure that the information and documentation on the Site (hereinafter jointly referred to as the “material”) including, but not limited to, images, drawings, files, or related information and other specifications provided, is correct, Cuesblowout makes no representations or warranties of any kind, express or implied, about the accuracy, completeness, reliability, suitability or availability of the material on the Site. Cuesblowout may make changes to the material on the Site, or to the products described, at any time without notice. The material on the Site may be out of date, and Cuesblowout makes no commitment to update the material on the Site.
6.2 The material provided on the Sites is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Cuesblowout provides you with the Site on the basis that Cuesblowout excludes all representations, warranties, conditions and other terms including, without limitation, those described in paragraphs 6.2.1 to 6.2.3 inclusive below:
6.2.1 As to satisfactory quality, fitness for purpose and the use of reasonable care and skill.
6.2.2 As to the non-infringement of any third party’s intellectual property rights of any content published or made available through the Site.
6.2.3 As to any server or other software or hardware that makes the Site available being free of viruses or other disruptive code which may infect, harm or cause damage to your computer equipment or any other property when you access, browse, download from or otherwise use the Site.
Without prejudice to paragraph 7, in no event will Cuesblowout be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, your use of the material.
7.1 Cuesblowout, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of Cuesblowout group companies and the officers, directors, employees, shareholders or agents of any of them exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption and whether in tort (including without limitation negligence), contract or otherwise in connection with the Site in any way or in connection with the use, inability to use, or the results of use of the Site, any websites linked to the Site, or the material on such websites including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to this Site.
7.2 To the extent that it is not possible under applicable law to exclude liability as described in paragraph 7.1, then in no event shall the aggregate liability of Cuesblowout, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), any of Cuesblowout group companies and the officers, directors, employees, shareholders or agents of any of them, exceed €10,000 (ten thousand Euro).
7.3 Nothing in this legal notice shall exclude or limit Cuesblowout liability (i) for death or personal injury caused by Cuesblowout negligence; (ii) for fraud and intent; or (iii) for any liability to the extent the same cannot be excluded or limited under applicable law.
7.4 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.1 Each provision of this legal notice is severable and distinct from the others. If any provision is or at any time becomes to any extent invalid, illegal or unenforceable under any enactment or rule of law, it shall to that extent be deemed not to form part of this legal notice, but (except to that extent in the case of that provision) it and all other provisions of this legal notice shall continue in full force and effect and their validity, legality and enforceability shall not be affected or impaired as a result.
9.1 We will be entitled to immediately terminate your use of all or any part of the Site if we consider that you have failed to comply with any of these terms and conditions.
10.1 Our failure to exercise or enforce any rights or provision of these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You are not entitled to assign all or any of your rights or obligations under these terms. The section titles in these terms and conditions are solely used for your and our convenience and have no legal or contractual significance.
11. Governing Law and Jurisdiction
11.1 This legal notice shall be governed by and construed in accordance with European Union Law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts of Belgium, Antwerp.
General Terms and Conditions of Sale
These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through the Cuesblowout website at www.cuesblowout.com (the “Website”). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Website Terms and Conditions
Product and service descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this Website;
- all prices are displayed in Euro (€) inclusive of 21% VAT but exclusive of the delivery charge, unless expressly indicated otherwise;
- despite our efforts, a small number of products in our catalogue may be wrongly priced. We verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
- packaging may vary from that shown on the Website;
- the weights, dimensions and capacities shown on the Website are for guidance only;
- we try to display the colors of our products accurately on the Website, the actual colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery.
- all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available
- all products that have defects, blemishes or imperfections are described to the best of our ability and described as such.
Acceptance of your order
Completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) that you ordered from us.
If you supplied us with your email address when entering your payment details, we will notify you by email as soon as possible to confirm that we have received your order, and we will send a confirmation e-mail notifying you when your order has been dispatched this confirmation will come together with the invoice.
All products that you order through the Website will remain the property of Cuesblowout until we have received payment in full of you for those products.
All card payments are subject to authorization by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
If we cannot supply you with the product you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product, refund you in full as soon as reasonably possible.
Delivery including delivery charges and timescales
Delivery charges and timescales vary depending on the type of products ordered and the delivery address. Full details of our delivery charges appear during check-out, these may still vary from actual delivery time.
Delivery will be to the address specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour or returned to depot.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
Occasionally, the supply of your product(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.
In the EU, delivery charge refunds can only be made in accordance with your legal rights under EU legislation regarding consumer rights and other applicable legislation (more details below).
Your right to return
If you are an EU consumer, under European Union law, you have the legal right, to return your order. If you wish to return (or are considering returning) an order you have placed with us, please be aware of the following terms that apply:
When you cancel your order, it shall be treated as if it had not been made. In case the goods delivered are damaged or defective, other than stated on the product page of the website you might prefer asking for a replacement (subject to availability) instead of cancelling and returning the order, but then you will not be entitled to a refund.
If you want to return your order for a refund, you must do so by one of the following: in writing, by telephone or by e-mail within 14 calendar days, starting with the day after the day on which you have received the goods. When this period has expired, the goods might still be eligible for repair or replacement under warranty in accordance with your statutory rights.
In cases where the goods are found to be faulty other than stated on the website and the consumer wavers the right for replacement or repair the period for cancellation is 30 calendar days.
Prior to cancellation, you must retain possession and take reasonable care of the goods that you wish to return. Goods should be returned in accordance with the returns process documented on the Website.
If you want to return your order, you must do so within 14 days after you have given us notice of return (also when you have requested delivery to a third party). Unless (i) the goods are faulty aside from the described fault inherent to the specific product or (ii) otherwise agreed in writing, the goods must be returned at your own cost. If you do not return the goods, we will be able to charge you the cost of recovery. You must take reasonable care to ensure that we receive the goods and that the goods are not damaged in transit. If returned goods are lost or damaged in transit, we reserve the right to charge you. For certain, larger goods, we may offer to arrange for collection and, where this is the case, you will be responsible to pay the costs of such collection (of which we will notify to you in advance).
Any refunds will be made in accordance with the provisions of the Consumer rights law to the debit/credit card account provided when you placed your order and are subject to our right to withhold amounts for: (i) the return of the goods, in case you fail to return them or opt for collection of the goods at your cost and (ii) lost and damaged goods.
This is not intended to be a full statement of all your rights under European Union law or Consumer Contracts Regulations and does not affect other rights you may have as a consumer in case of non-conformity of the goods with the contract.
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law and, except where required by law, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the relevant product ordered from us.
We will not be liable to you where we breach these General Terms and Conditions of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials; labour, fuel, parts or machinery; power failure or breakdown in machinery.
Nothing in these General Terms and Conditions of Sale shall limit our liability for personal injury or death caused by our negligence or for any other liability the exclusion of which is not permitted by applicable law.
Nothing in these terms will reduce your legal rights relating to faulty or non-conforming goods.
Other important terms
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale.
These General Terms and Conditions of Sale are governed by European Union law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the Belgian court.