GENERAL TERMS AND CONDITIONS
1. CANCELLATION POLICY
ATTENTION: Pursuant to Article VI.53 of the Economic Code, as a consumer you do not have the right to not exercise the right of withdrawal if you order services that are provided in connection with leisure activities and the contract provides for a specific date or period for the provision. In other words, the right of withdrawal does not apply to ticket sales for scheduled events and performances.
The right of withdrawal also does not apply when you purchase vouchers online that relate to a scheduled event or performance.
Only for the purchase of general vouchers that do not relate to a specific scheduled event or performance, the consumer has the right of withdrawal, according to the following principles:
They can revoke their contractual declaration within 14 calendar days in text form (e.g. letter, fax, e-mail) without giving reasons.
The revocation period is 14 calendar days from the day on which you or a third party named by you, who is not the carrier, has/have taken possession of the voucher.
To exercise your right of revocation, you must inform us by means of a clear declaration (e.g. by letter, fax, email) of your decision to revoke this contract.
To comply with the revocation period, it is sufficient to send the revocation in time. The written revocation to us is to be addressed to ArsVitha Kulturforum VoG:
Mail : 4780 SANKT VITH, Bahnhofstraße 14
E-mail : firstname.lastname@example.org
1.5 Consequences of revocation
If you revoke this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest offered by us) without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
However, we may refuse the repayment within this period until we have received the voucher back complete and in perfect condition and in undamaged original goods packaging.
You must return the voucher immediately and in any case no later than 14 calendar days from the day on which you notify us of the revocation of this contract to us,
ArsVitha Kulturforum VoG:
Mail: 4780 SANKT VITH, Bahnhofstraße 14
completely in the undamaged original goods packaging and with stable outer packaging against damage send back or hand over. The deadline is granted if you send the goods before the deadline of 14 calendar days.
You alone bear the direct costs of returning the goods.
You must pay for any loss of value of the goods, if this loss of value is due to a handling of the goods not necessary for the examination of the condition, properties and functioning of the goods.
If you use the voucher within the revocation period, the right of revocation expires.
The right of withdrawal is excluded if the voucher is made to customer specifications or clearly tailored to personal needs.
2. GENERAL PROVISIONS
ArsVitha sells tickets for various events, performances or movies via the website www.arsvitha.be or www.kinocorso.be. Likewise, vouchers are sold via these websites.
Contracts concluded online are subject to these General Terms and Conditions (GTC).
Customers within the meaning of these GTC are both consumers and entrepreneurs.
All purchases not concluded online – i.e. purchases that do not fall under point 2.1 – are subject to direct sales. These GTC are only valid in part for direct sales.
3. CONCLUSION OF A CONTRACT
The conclusion of a contract via the aforementioned websites is governed by the following provisions:
The tickets/vouchers are placed there exclusively under the fixed price format. Thus, the activation of the offer page under the binding offer to conclude a purchase contract at the specified price. The contract with the customer is then concluded as soon as the customer fulfills any conditions contained in the offer and exercises the fixed-price purchase function. This function can only be executed if the customer confirms in advance that he has taken note of, understood and accepted the currently valid “General Terms and Conditions” (GTC). A link to the GTC is offered there directly. In addition, the customer must take note of the data protection regulations before concluding the contract.
3.2 GENERAL INFORMATION ON THE CONCLUSION OF A CONTRACT
The purchase in the framework is made possible at the stated unit payments, prices and descriptions, errors, typographical and printing errors excepted.
If errors or mistakes should prove to be such, ArsVitha reserves the right to draw the customer’s attention to them – even after the conclusion of a contract of sale – and to cancel the contract of sale unconditionally. In this case, no claims can be made by the customer.
4. CONTRACT TEXT STORAGE
The contract text will be sent to the customer after the purchase as an order confirmation in the form of an email. The buyer is responsible to archive information received by email and viewable and stored on the website of ArsVitha or Meakusma on an independent storage medium available to him. After the conclusion of the contract, customers will receive the terms and conditions of the contract including a link to these GTC in text form as part of the purchase process.
5. DELIVERY AND SHIPPING CONDITIONS
If shipping of the tickets is agreed with the customer, delivery shall be made exclusively against prepayment to the delivery address provided by the customer.
Self-collection by the customer is possible for online purchases.
The dispatch of the purchased items shall take place within seven working days after receipt of payment.
The customer assures that the deposited delivery address is correct and complete. If additional costs are incurred during shipment due to incomplete or incorrect address data, the customer shall bear these costs in full in any case. Should in this case a new delivery, associated with additional costs be necessary, this new delivery will be made only after receipt of payment of these additional costs. Even in the case of revocation or withdrawal from the purchase, these additional costs will be retained in the reimbursement of costs.
In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the sold item shall pass to the entrepreneur upon handover to the entrepreneur himself or to a person authorized to receive the goods, and in the case of a mail-order purchase – even in the case of carriage-paid delivery – upon delivery of the goods to a suitable transport person.
In the case of consumers, the risk of accidental loss and accidental deterioration of the sold item shall pass to the consumer upon handover of the goods to the consumer, in the case of sale by dispatch to the forwarding agent or carrier.
The handover shall be deemed to have taken place if the customer is in default of acceptance.
Delivery of the goods shall be at the expense and risk of the Buyer, unless expressly agreed otherwise. Insurance, liability, tracking and issuance of a shipping receipt shall be made only upon written request and at the expense (by surcharge) of the Buyer BEFORE payment.
If compliance with the delivery is impossible or excessively difficult due to force majeure and other disturbances for which we are not responsible (e.g. strike, extreme weather conditions, natural events, war, insurrection, terrorist attacks), the delivery periods shall be extended accordingly and ArsVitha shall be released from the obligation to deliver for the duration of the hindrance.
Deliveries can be withheld until existing payment arrears from the business relationship are settled.
A shipment is made exclusively to the following countries : Belgium, Netherlands, Luxembourg, Germany, France and Austria, unless otherwise expressly agreed. We also deliver within these countries not on islands and not overseas.
A pickup of the goods is also possible.
6. PRICES, TERMS OF PAYMENT AND CONSEQUENCES OF DEFAULT
The prices quoted in the offers are final prices – i.e. they include all price components including applicable taxes according to Belgian legislation. In individual cases, additional taxes and/or duties (e.g. customs duties) may be payable by the Customer in the case of cross-border deliveries.
Unless otherwise expressly agreed, all purchase prices are exclusive of delivery, shipping and packaging costs. Additional delivery, shipping and packaging costs are therefore incurred when goods are shipped both domestically and abroad; the amount of these costs is based on the information provided in connection with the specific offer.
In the case of agreed advance payment, the customer undertakes to pay the purchase price plus any delivery, shipping and packaging costs incurred no later than ten days after receipt of the request for payment without deduction.
The customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
Vouchers and gift certificates are payable in cash or by bank transfer when issued. They are valid and redeemable for a maximum of 12 months from the date of issue, after which they expire automatically without any right to a full or partial refund. In no case are the vouchers payable in cash, neither in full nor in part. In the event of business closure, transfer or liquidation, any vouchers not redeemed by then will automatically expire without entitlement to any form of refund. Lost vouchers will not be replaced or refunded by us. Vouchers are only valid and redeemable in their original form, dated and signed and stamped by us.
7. NOTIFICATION OF TRANSPORT DAMAGES
ArsVitha will support the customer in case of transport damages to the best of its ability, as far as claims are asserted against the concerned transport company or the concerned transport insurance. The goods will be handed over by ArsVitha to the transport company for shipment in perfect condition and externally perfect, best possible commercial packaging.
The customer will check the delivered goods and their shipping packaging. In the event of externally visible transport damage, the customer undertakes, in the event that the delivery is nevertheless accepted, to note the damage on the respective shipping documents upon acceptance of the delivery and to have the damage acknowledged by the delivery agent; the packaging is to be retained, as are the documents acknowledged by the delivery agent with the note on transport damage. The customer has to inform email@example.com about this in writing within three days after delivery of the goods.
If the (partial) loss or damage is not externally recognizable, the customer has to report this to ArsVitha AND to the carrier within three days after delivery to ensure that any claims against the carrier can be asserted in time. For this purpose, the shipment must remain unchanged in its original packaging until a representative of the carrier has satisfied himself of the condition of the shipment and issued a certificate.
Transport damages do not release the buyer from his obligation to pay.
8. FINAL PROVISIONS
8.1. POSTPONEMENT OR CANCELLATION OF THE EVENT
Tickets shall remain valid in the event of a postponement of the date and venue of the event. There is no right to attend a particular venue.
Should the event be rescheduled to another date, a refund claim will only arise if the rescheduled date exceeds 12 months.
Should the event be cancelled, a refund claim arises, whereby the modalities will be specified by ArsVitha in each individual case.
A refund without return of the original tickets is not possible.
8.2. NO COMMERCIAL RESALE
It is prohibited to purchase the tickets for commercial resale.
The law of the Kingdom of Belgium shall apply.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
The place of performance SANKT VITH shall be deemed accepted by Buyer and Seller.
The exclusive place of jurisdiction for all disputes arising from this contract shall be EUPEN.
Seller shall, however, be free to refer disputes to any other court having jurisdiction as defined by law.
9. DATA PROTECTION NOTICE
ArsVitha stores, processes and uses the communicated personal data for the purpose of the contract execution. Thereby – with the exception of the necessary dispatch processing – no passing on of the personal data of the customer to third parties takes place and a passing on of personal data to third parties does not take place without the express agreement of the customer.