1. IDENTITY OF THE COMPANY
Lost Frequencies Shop is a part of
Smash Artists Services BVBA
Sales tax identification number: BE 0597 996 387
This address can only be used as the invoice address, and may not be used as the return address for orders. For more information on returns, reference is made to our Return Policy.
This page contains the terms and conditions (hereinafter “Terms of Service”, “Terms”) that apply to the agreement between the visitor or customer (hereinafter “the buyer”, “user”, “he/she” or “his/her”) and Smash Artist Services BVBA (hereinafter “Lost Frequencies Shop”, “we” or “our”) and relating to all orders, operations, deliveries, services and offers between these two parties in the context of this online shop.
By purchasing something from the Lost Frequencies Shop, the buyer automatically engages in our “Service” and the buyer confirms that he/she has read these Terms of Service, including the additional terms and conditions and policies referenced herein and/or available by hyperlink, and agree with them. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Lost Frequencies Shop offers this website, including all information, tools and services available from this site to the buyer conditioned upon his/her acceptance of all terms, conditions, policies and notices stated here.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
3. RIGHT OF WITHDRAWAL
The buyer has the right of withdrawal by law, allowing the buyer to cancel the purchase without giving Lost Frequencies Shop a reason for the withdrawal, and without inference (fines or reason). When purchasing a product, the buyer has the right to return a product without giving Lost Frequencies Shop any reason or condition within 14 days after delivery of the product, on the condition that the buyer notifies Lost Frequencies Shop via letter or email that the buyer wishes to return the products. This period starts from the day after the delivery of the goods or the conclusion of the service agreement. Upon delivery of the goods, the buyer must inspect the goods carefully.
For more terms and information on returns, please refer to our Return Policy.
4. ONLINE STORE TERMS
These Terms of Service, as well as any information on the site are the intellectual property of Lost Frequencies Shop and are protected with trade marks. It is not allowed to use products, product photos and / or text from the website for commercial purposes unless written permission has been given by Lost Frequencies Shop. Any infringement may result in legal actions.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
5. GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks and therefore secured.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Lost Frequencies Shop is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at the buyer’s own risk.
Lost Frequencies Shop reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. The buyer agrees that it is his/her responsibility to monitor changes to our site.
7. MODIFICATIONS TO THE SERVICE AND PRICES
Lost Frequencies Shop reserves the right at any time to modify or discontinue the layout, features, services, products or any part or content of this site thereof without notice at any time. This does not include orders unless any of these terms of service are not respected. In that case, we have the right to discontinue the service, but the buyer will always be notified.
Lost Frequencies Shop shall not be liable to the buyer or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The prices indicated on the Lost Frequencies Shop are denominated in euros, are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs. The shipping costs will be charged separately depending on the country the buyer lives in and are clearly communicated during checkout and here in our Shipping & Delivery section. The total purchase price due will be indicated when the buyer has indicated his/her customer information, shipping address and shipping method, and can be reviewed before the order is confirmed.
Depending on the country the buyer lives in, it is possible that extra Import Taxes, Custom Fees or possible toll fees can be charged upon arrival of his/her order.
Prices for our products are subject to change without notice.
8. DELIVERY, SHIPPING COSTS AND ADDITIONAL CHARGES
We do our utmost to make sure the products are delivered as soon as possible at the delivery address the buyer provided with his/her order. Dates of delivery are therefore indicative.
Lost Frequencies Shop can never be held responsible if the order is not delivered on time and we are not liable for any loss, liability, damage, cost or expense arising out of late delivery, to the extent permitted by law. Lost Frequencies Shop is not responsible for orders that are lost by way of act of others, unforeseen circumstances or force majeure.
When delivery is not possible due to the fact certain products are (temporarily) out of stock, or delivery can (partly) not take place or for any other valid reason, Lost Frequencies Shop shall send a notification thereof to the buyer at least one month after the order was placed. The buyer retains the right to terminate the order without any costs.
If an order cannot be delivered because of an incorrect address provided by the buyer or if the buyer is absent at the time of delivery, then this is entirely the buyer’s responsibility. In case the buyer is absent, the logistics partner will sometimes try to arrange a second delivery moment, deliver the order with one of the neighbors or at a parcel center nearby. Some will even try a third delivery attempt. In case the buyer is absent on the second or third delivery attempt, the logistics partner can decide to deliver the order in a parcen center or send the order back to Lost Frequencies Shop. Lost Frequencies Shop can never be held responsible or liable for delays or extra costs arising from the absence of the buyer. If for any of these reasons the parcel cannot be delivered by our logistic partner, Lost Frequencies Shop reserves the right to partially refund the shipping costs.
All of our orders are sent with local logistic partners via our distributor ShopWeDo. Upon delivery, the buyer may be asked to sign a receipt. In signing this certificate, the buyer confirms that he/she has checked the order completely for damage.
Shipping costs are calculated based on the products, packaging and the country the buyer lives in. For most countries, the shipping costs are fixed and the buyer can check the rates during checkout.
Depending on the country the buyer lives in, it is possible that extra Import Taxes, Custom Fees or possible toll fees can be charged upon arrival of the buyer’s order. In no way can Lost Frequencies Shop be held responsible for a compensation of any kind for these additional charges.
In case the buyer has to pay additional import taxes, custom fees or possible toll fees, he/she agrees and engages to pay the entire amount of these import taxes in time as indicated by the local logistics partner or local customs officer. In case the buyer refuses to pay for these additional charges or fails to pay the entire amount in time for his order to get customs clearance, the order will be returned to Lost Frequencies Shop. In this case, Lost Frequencies Shop reserves the right to refund the amount of the order and shipping costs minus the charges of the import taxes of the return. In this case, the buyer will be informed by the customer service of Lost Frequencies Shop with a detailed indication of these import charges.
Depending on the region the buyer lives, Lost Frequencies Shop reserves the right to change the amount of the shipping costs at any time, but will always inform the buyer whether he/she agrees to this. It is also possible that the buyer’s region is not available for delivery with our logistics partner. In this case, Lost Frequencies Shop reserves the right to cancel the buyer’s order, but our customer service will always contact the buyer in advance to discuss all of the possibilities.
The buyer may be asked to sign for his/her order upon delivery. By signing the order, the buyer confirms to have checked the order for damage and that the order has been delivered. Delivery took place when the goods arrived at the buyer’s address, as indicated by the buyer during checkout. The buyer and Lost Frequencies Shop can always check the status of the order using the tracking link that has been provided with the shipping confirmation. Please allow some time for the status of the shipment to correctly display on this tracking information.
For more terms and information on Delivery and Shipping, please refer to our Shipping & Delivery Section.
9. PRODUCTS OR SERVICES (IF APPLICABLE)
Lost Frequencies Shop has made every effort to display as accurately as possible the colors and images of our products that appear in the Lost Frequencies Shop. We cannot guarantee that the display of any color on the buyer’s computer monitor will be accurate.
Lost Frequencies Shop reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction if any of these terms of service are not respected by the buyer. Lost Frequencies Shop reserves the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Lost Frequencies Shop. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Lost Frequencies Shop takes great care in assuring that the quantity, quality and description required by order is met and that the products are contained or packaged in the manner as laid down in the order.
Lost Frequencies Shop cannot guarantee that the quality of any products, services, information, or other materials purchased or obtained by the buyer will meet his/her expectations, or that any errors in the Service will be corrected.
For more terms and information on Warranties, please refer to our Warranty Section.
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION
Lost Frequencies Shop reserves the right to refuse any order the buyer places with us and we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order if we believe that the order placed by the buyer, or someone using the name of the buyer is considered fraudulent. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Lost Frequencies Shop makes a change to or cancel an order, we attempt to notify the buyer by contacting the email and/or billing address/phone number provided at the time the order was made. Lost Frequencies Shop reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The buyer agrees to provide current, complete and accurate purchase and account information for all purchases made on the Lost Frequencies Shop. The buyer agrees to promptly update his/her account and other information so that we can complete the buyer’s transactions and contact you as needed.
At the moment, Lost Frequencies Shop supports the following Payment options:
Credit Card: Visa, Mastercard (Mollie)
iDeal, Bancontact/Mister Cash (Mollie)
KBC/CBC Payment Button, ING Home’Pay, Belfius Direct Net (Mollie)
Lost Frequencies Shop Gift Cards
The buyer’s order will be sent once Lost Frequencies Shop has received the full payment amount.
Lost Frequencies Shop is in no way responsible for any credit card fraud or identity theft of their respective holder. We reserve the right to cancel the buyer’s order and his/her payment if we detect a high risk of fraud, as indicated by Mollies risk analysis.
12. GIFT CARDS/DISCOUNT CODES
Gift Cards are valid 2 years after the purchase date of the Gift Card. The validity and value of a Gift Card or discount voucher, purchased or granted in the Lost Frequencies Shop, is always mentioned on the Gift Card.
In case of Fraud, attempt to swindle/scam or presumption of other illegal activities through the use of Gift Cards or discount vouchers, or when using the vouchers in the Lost Frequencies Shop, we reserve the right to cancel the buyer’s order, demand another payment method and/or delete his/her account from the Lost Frequencies Shop.
In no case can the Lost Frequencies Shop be held liable for the loss, theft or illegibility of discount coupons, vouchers or Gift Cards.
The Right of Withdrawal is also valid on orders that are paid for using a Gift Card. In these cases, the buyer will receive the amount of the returned products on your Gift Card so he/she can use it with another order in the Lost Frequencies Shop. Returned items, purchased with a Gift card, will always be refunded to the Gift card balance. The amount of a Gift card can never be refunded on any other payment method, or paid in cash.
For more terms and information on payment, please refer to our Payments Section.
13. RETURN POLICY
When purchasing products on the Lost Frequencies Shop, the buyer has the right to return purchased products without any reason, on condition that he/she notifies us within 14 days after delivery of the product via letter or email that he/she wishes to take advantage of the right of withdrawal. During this 14 days’ period, the buyer is obliged to keep the unused products and packaging in an appropriate and careful manner, in its original condition and at his/her own risk. If this period expires on a non-working day, the deadline is extended till the next working day. Lost Frequencies Shop will give the buyer back the amount he/she paid for the item (including initial shipping costs but not the additional costs as referred to in 8.6 and 8.7 ) or offer an exchange, whichever he/she prefers, no questions asked.
After receiving your notification that you want to exercise the right to return purchased products, we will send you a confirmation of receipt and instructions on how to return.
The buyer should include the following details in his/her e-mail:
Your order number
Your email address
Article(s) & quantity
Reason return: (optional)
Wrong product delivered
The products should be returned to the following address is original state and packaging, including original packaging form.
Lost Frequencies Shop
Egide Walschaertsstraat 22E
The buyer is in this case responsible for the return of the products and therefore also for the shipping costs for the return. After the buyer has contacted Lost Frequencies Shop to take advantage of the right of withdrawal, he/she must return the products within 14 days. In case the buyer does not comply with this clause, the buyer remains owner of the products and Lost Frequencies Shop shall not be obliged to refund the buyer. Lost Frequencies Shop cannot be held liable for any damage of the packaging or the products itself which occurred during the period the goods are sent back.
After receiving and checking the return for completeness and damage, Lost Frequencies Shop shall refund the amount of the returned products to the buyer within 14 days (from current 30 days) of the receipt of the ‘withdrawal/returns’ form, provided the goods are returned within that period. Refunds must include the cost of standard postage as advertised on the retailers website. This may delay if Lost Frequencies Shop did not receive the goods, evidence that the buyer has returned the goods or the buyer’s bank details (if needed and when asked for) to refund the amount.
For more information about refunds, please refer to our Returns – Warranty – Complaints – Refunds sections.
If 14 days have gone by since the arrival of the buyer’s order, unfortunately Lost Frequencies Shop cannot offer you a refund or exchange. This is however not the case if the buyer has a complaint or warranty request. Please refer to our Warranty Section or contact our customer service so we can find a fitting solution.
If an order is received with gift vouchers or coupons, Lost Frequencies Shop reserves the right not to refund the amount of the order. The buyer may then choose other products within the same price range from our Lost Frequencies Shop. If by a return the minimum value of a gift voucher or coupon is no longer met, the amount of this voucher cannot be refunded.
The right of withdrawal does not apply to items/orders:
If the delivered product is made upon the customers’ wishes, or if it was tailored to the personal needs of the customer;
Containing perishable goods such as food, flowers, newspapers or magazines;
Containing intimate or sanitary goods, hazardous materials or flammable liquids or gases;
With audio and video recordings (CD, DVD, VHS-tape), computer software, video game, cassette tape or vinyl record that have been opened and of which you have broken the seal;
When the supplied product is a journal or magazine;
Items purchased at another selling point than the official online Lost Frequencies Shop;
Limited edition pieces or other collectibles.
Additional non-returnable items:
Downloadable software products
Some health and personal care items
There are certain situations where only partial refunds are granted: (if applicable)
Book with obvious signs of use
Any item that is not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 14 days after delivery.
For more information and a detailed process of how returns are handled, please refer to our Returns – Warranty – Complaints – Refunds sections.
14. THIRD PARTY
14.1 OPTIONAL TOOLS
Lost Frequencies Shop may provide the buyer with access to third-party tools over which we neither monitor nor have any control nor input.
The buyer acknowledges and agrees that Lost Frequencies Shop provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Lost Frequencies Shop shall have no liability whatsoever arising from or relating to the buyer’s use of optional third-party tools.
Any use by the buyer of optional tools offered through the site is entirely at his/her own risk and discretion and the buyer should ensure that he/she is familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).
Lost Frequencies Shop may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct the buyer to third-party websites that are not affiliated with Lost Frequencies Shop. Lost Frequencies Shop is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Lost Frequencies Shop is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The buyer should review the third-party’s policies and practices carefully and make sure he/she understands them before he/she engages in any transaction using these third party links. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at the request of Lost Frequencies Shop, the buyer sends certain specific submissions (for example contest entries) or without a request from Lost Frequencies Shop the buyer sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the buyer agrees that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the buyer forwards to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Lost Frequencies Shop may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
The buyer agrees that his/her comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The buyer further agrees that his/her comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The buyer may not use a false e-mail address, pretend to be someone else, or otherwise mislead us or third-parties as to the origin of any comments. The buyer is solely responsible for any comments he/she makes and their accuracy. Lost Frequencies Shop take no responsibility and assume no liability for any comments posted by the buyer or any third-party.
16. PERSONAL INFORMATION
Lost Frequencies Shop offers the buyer the option to subscribe to our newsletter, which brings the buyer into our mailing list. Each mailing includes instructions to remove the buyer from this list.
17. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Lost Frequencies Shop reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after the buyer has submitted his/her order).
Lost Frequencies Shop undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
18. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, the buyer is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Lost Frequencies Shop reserves the right to terminate the buyer’s use of the Service or any related website for violating any of the prohibited uses.
19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Lost Frequencies Shop does not guarantee, represent or warrant that the buyer’s use of our service will be uninterrupted, timely, secure or error-free.
Lost Frequencies Shop does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
The buyer agrees that from time to time, Lost Frequencies Shop may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
The buyer expressly agrees that his/her use of, or inability to use, the service is at his/her sole risk. The service and all products and services delivered to the buyer through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for his/her use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lost Frequencies Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the buyer’s use of any of the service or any products procured using the service, or for any other claim related in any way to his/her use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Lost Frequencies Shop has made every effort to display as accurately as possible the colors and images of our products that appear at the Lost Frequencies Shop. We cannot guarantee that the buyer’s computer monitor’s display of any color will be accurate.
Lost Frequencies Shop takes quality very serious and will always make sure that the quality and quantity of the products and orders is respected, however Lost Frequencies Shop cannot warrant that the quality of any products, services, information, or other material purchased or obtained by the buyer will meet his/her expectations.
Lost Frequencies Shop guarantees that the products meet the quality and quantity of the agreement, as stated on the website in the product description or product image.
If this is not the case and the products show signs of a defect, are faulty or not as advertised, please notify us within 6 months after receipt of the order. Normal wear or (un)intentional changes to the product are not covered by the warranty.
After 6 months, you need to prove that the defect already existed on receipt of the goods, for example, by showing that it is due to the poor quality of the materials used.
Under EU law you always have the right to a minimum 2-year guarantee at no cost. This 2-year guarantee period starts as soon as you receive your goods.
If goods you bought on the Lost Frequencies Shop turn out to be faulty or do not look or work as advertised, we will find a solution for your request. This could be to repair or replace the product free of charge, give you a price reduction or a full refund. Any form of compensation can never exceed the amount that was billed to you.
As a general rule, you will only be able to ask for a partial or full refund when it is not possible to repair or replace the goods.
You might not be entitled to a refund if the problem is minor, such as a scratch on a CD case.
You can contact us and we will do our best to handle your complaint or request as soon as possible, and provide a solution. Please provide us with as much information as possible regarding your complaint so we can handle it as quickly as possible. This information is at least the order number and your full name, but can also be photos of the product and a detailed description of the defect or complaint.
20. FORCE MAJEURE
Lost Frequencies Shop cannot be held liable for non-compliance of the Service due to force majeure.
“Force Majeure Event” shall mean any of the following, the occurrence of which makes performance of the Service impossible, impracticable or unsafe: an act of God (including without limitation earthquake), inevitable accident, fire, strike or other labor dispute, war or threat of war, act of public enemy, act of terrorism or threats thereof, riot or civil commotion, national state of emergency, enactment, rule, order or act of any government or governmental instrumentality, failure of technical facilities, epidemic (including a health epidemic), interruption in, or substantial delay or failure of, technical facilities, or failure or substantial delay of necessary transportation services, or any other event or condition beyond Lost Frequencies Shop reasonable control, as applicable.
The buyer agrees to indemnify, defend and hold Lost Frequencies Shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the buyer’s breach of these Terms of Service or the documents they incorporate by reference, or the buyer’s violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either the buyer or Lost Frequencies Shop. The buyer may terminate these Terms of Service at any time by notifying us that he/she no longer wishes to use our Services, or when the buyer ceases using our site.
If in our sole judgment the buyer fails, or Lost Frequencies Shop suspects that the buyer has failed, to comply with any term or provision of these Terms of Service, Lost Frequencies Shop also may terminate this agreement at any time without notice and the buyer will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the buyer access to our Services (or any part thereof).
24. ENTIRE AGREEMENT
The failure of Lost Frequencies Shop to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by Lost Frequencies Shop on this site or in respect to the service constitutes the entire agreement and understanding between the buyer and Lost Frequencies Shop and governs the buyer’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the buyer and Lost Frequencies Shop (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
If the buyer places an order on the Lost Frequencies Shop, his/her data will be included in our customer base. The contact information the buyer provided is necessary to process and complete his/her order. The transmission of incorrect or false identity information is considered a breach of these Terms of Service. The buyer’s data is protected and will not be passed on to third parties, except for those necessary to complete and deliver his/her order. When the buyer adds products to his/her shopping cart and enters his/her details during checkout, Lost Frequencies Shop reserves the right to save this information to send the buyer shopping cart or checkout reminders for commercial purposes.
26. GOVERNING LAW
These Terms of Service and any separate agreements whereby Lost Frequencies Shop provides the buyer Services shall be governed by and construed in accordance with the laws of Belgium, but to the express exclusion of the applicability of the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. In case any dispute in relation or arising out of this agreement, the case shall be submitted to the exclusive jurisdiction of the exclusive jurisdiction of the Antwerp District Court.
27. CHANGES TO TERMS OF SERVICE
The buyer can review the most current version of the Terms of Service at any time on this page.
Lost Frequencies Shop reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is the buyer’s responsibility to check our website periodically for changes. The buyer’s continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
The invalidity or unenforceability of any particular provision of these Terms do not affect the other provisions hereof and these terms shall be construed in all respects as if such invalid or unenforceable provision were omitted or modified by a court of competent jurisdiction in such a way as to make it valid and enforceable.
28. CONTACT INFORMATION
If you have any questions about the Terms of Service, please do not hesitate to contact us.
Smash Artists Services BVBA
Sales tax identification number: BE 0597 996 387
This address can only be used as the invoice address, and may not be used as the return address for orders. For more information on returns, reference is made to our Return Policy.
Last update: 5th of May 2018