1. Application of the Terms of Use

                2. Price and Discount

                3. Payment Conditions

                4. Availability of products

                5. Delivery

                6. Claims

                7. Returned Goods

                8. Warranty

                9. Geographical Coverage

                10. Trademarks

                11. Liability limits

                12. Ownership of Property

                13. Cancellation of Sale

                14. Late penalties

                15. In the event of default

                16. Applicable law and Attribution of jurisdiction

                17. Requirements for VAT tax exemption

1. Application of the Terms of Use

The Terms of Use outlined below, govern the contractual relationship between any user of the Audio-Video-Europe.com website and the company Whirlwind Digital Europe sprl, head office located at 1160 Waversesteenweg - B1600 Brussels, Belgium (hereafter known as "Audio-Video-Europe"). These Terms of Use shall be the only ones applicable and replace all other conditions, except in the case of our express written consent. Audio-Video-Europe may be punctually obliged to modify certain disposition of its Terms of Use. It is therefore necessary to re-read said Terms before each purchase on the Audio-Video-Europe.com site. We assume that by submitting your order, you have read and accepted our Terms of Use without reservation.

Any order by the Client implies a tacit acceptance and without reserve of the present Terms of Use.

Any clause accompanying a Client's order or any other document (such as the General Conditions of Purchase by the Client), that is in opposition to, or which adds a new element to the present Terms of Use, will not be accepted by Audio-Video-Europe.

2. Price and Discount

The products sold by Audio-Video-Europe are billed in Euros at the current price, on the day of the registration of the order by Whirlwind-Europe and the following taxes will be added:

- VAT: applicable Belgian VAT tax will be added if Client resides in Belgium, or if Client resides in the European Union and doesn't provide us with a conforming intracommunity VAT number (VAT will be billed to Clients residing in Belgium and who provide a valid VAT number). In all other cases the VAT will not be charged.

- If applied, the VAT will apply to the total amount, including shipping charges.

- RECUPEL: Applicable Recupel contributions will be added to all shipments within Belgium (see http://www.recupel.be).

DELIVERY CHARGES

Quoted delivery charges are indicative only and are based on DHL and TNT charge schedules. If actual charges are higher (or if Client requests an expedited shipment), Audio-Video-Europe will contact the Client prior to processing the order. If Client elects to choose his transporter and have the delivery charges billed directly to the transporter's Client account, the Client should place an order through an e-mail stating the transporter's Client transporter account number AND:

- the e-mail should contain all credit card information,

OR

- the Client sends by bank transfer the amount of the sale with delivery charges deducted.

DISCOUNTS

A client may be granted a professional discount.

The qualification status is determined at Whirlwind-Europe's total discretion. Client may appeal on our decision by e-mail, but the final decision will be made by Audio-Video-Europe, and a justification may or may not be forwarded by Audio-Video-Europe.

The Client may apply for a discount at the time he is applying for an account. Only Clients with a valid intracommunity VAT number, or residing outside the European Union, may apply for a discount.

After the Client has completed the account registration process, Audio-Video-Europe will determine the applicable discount, and will send the Client an e-mail containing the discount information. From there on, the applicable discount will be part of the Client's account settings, and further shopping on Audio-Video-Europe.com, when logged in under the Client's account, will reflect the applicable discount.

3. Payment Conditions

Only payments by bank card or by bank transfer are accepted.

Bank transfers are to be made directly to Whirlwind-Europe (as instructed on the Audio-Video-Europe.com site.

Bank card payments will be securely handled by Ogone (http://www.ogone.com) through the account of Belram SA, who acts as Whirlwind-Europe's agent.

Shipments will be processed only after the funds have cleared.

4. Availability of products

Our products usually ship within 10 business days. In the event that a product is not available, or is in back-order, after you have placed an order, we will inform you by email as quickly as possible so that you may cancel your order if said order is over 15 business days late. In the event you cancel your order after 15 business days, any payments will be promptly refunded.

5. Delivery

Audio-Video-Europe decides on the mode of delivery except when requested otherwise by the Client. The risks associated with delivery are the responsibility of the client.

The Client must, at reception, inspect the parcels within the legal timeframe. Please note, conditions such as "acceptance conditional upon verification" or "acceptance conditional upon opening of wrapping" have no legal value with insurers or with transporters.

It is the Client's responsibility to provide proof of missing or broken articles.

Audio-Video-Europe will strive to honor prompt delivery times, but cannot be held liable for interest and damages because of late delivery and cannot accept the cancellation of an order on that basis.

6. Claims

If the products received do not conform to the invoice, the Client must advise Audio-Video-Europe immediately, or at the latest within three days after delivery. A copy of the invoice must be attached to the Client's claim. Any claim based on the quality of a product must be accompanied by said product containing the flaw still in its original packaging with the appropriate reference numbers for identification.

No claims will be processed that do not adhere to the above conditions.

7. Returned Goods

The products can only be returned after written authorization from Audio-Video-Europe. Returned products must be shipped to Audio-Video-Europe with delivery paid for. The returned products must be in perfect condition, carefully packaged and without any sort of modification with respect to reference and serial numbers. They must have their labels intact, along with their stamps or marks permitting their resale. In the event of non-authorized or non-conforming return of goods, the merchandise will systematically be returned to the Client at his expense.

8. Warranty

Whirlwind (located in Rochester, NY, USA) warrants its products to the original purchaser against defects in materials or workmanship for a period of 5 years from date of purchase, with proof of purchase. Return costs incurred during transit are to be covered by the customer.

Returned products must be accompanied by a copy of your invoice. In case where the warranty is not applicable for the reparation, Whirlwind will quote a price for repair.

WARRANTY EXCLUSIONS

The warranty on sold products shall not apply to defects or damage resulting from abuse, abnormal use or from repairs or modifications performed by anyone other than Audio-Video-Europe, Whirlwind or it's authorized agents.

WARRANTY LIMITATIONS

This warranty set forth above is exclusive and no other warranty, whether written or oral, is expressed or implied. Whirlwind specifically disclaims the implied warranties or merchantability or fitness for particular purpose.

In no event will Whirlwind or it's agents will be liable to you for any consequential damages, including lost profits or lost savings or for any claim by any party.

The warranty for products sold by Audio-Video-Europe does not cover:

- the replacement of consumables (batteries, lights, fuses, aerials ...)

- the irregular usage or non-conforming usage of products. Please consult the instruction manual delivered with your product.

- malfunctioning due to usage with inappropriate or defective accessories

- malfunctioning due to repairs effected by non-authorized personnel

- malfunctioning due to external causes

9. Geographical Coverage

Audio-Video-Europe ships its products to the greater Europe, Russia, The Middle East and Africa. We will not ship some products in specific countries. Please check specific product countries availability during the product selection process. Any order placed for a delivery not conforming to the delivery availability list will be cancelled, and any amount paid will be automatically be refunded.

10. Trademarks

Trademarks displayed by Audio-Video-Europe are protected by current laws and international conventions.

As a consequence, neither Clients nor third parties can use trademarks without the express written consent of the trademark holder. It is understood and agreed that the acceptance of the present Terms of Use is not in any way such an authorization.

11. Liability limits

No liability will be accepted for loss or damages, direct or indirect, whatever the cause.
In no case will the Client, for any reason, withhold funds from an invoice for an incomplete delivery or for defective goods.

12. Ownership of Property

Audio-Video-Europe remains the owner of the merchandise delivered until the payment is made in full. A promise of payment is not considered full payment until said payment has actually been processed.

Any damage caused while in the possession of the client, should said client not have paid in full, is his responsibility.

13. Cancellation of Sale

In the case of non-payment of a delivery after the deadline, the sale shall be considered void eight days after notification by registered letter with proof of reception. Audio-Video-Europe will claim the concerned merchandise without delay, with all associated fees and risks being the responsibility of the Client. Returning said merchandise does not negate the possibility of interest and damages.

14. Late penalties

In accordance with current law, any sums paid after the due date of the invoice, will be subject to late fees. These fees will be calculated at one and a half times the bank rate and will be applied retroactively to the date of delivery of the products.

15. In the event of default

Should payment not have been made in full as of the stated deadline, all outstanding sums, regardless of deadline, will be requested immediately.

16. Applicable law - Attribution of jurisdiction

In the event of a failure of a mediated payment resolution, all litigation involving Audio-Video-Europe and its Clients will be settled exclusively in the Courts of Brussels, with the applicable law being Belgian law.

17. Requirements for VAT tax exemption

INSIDE THE EUROPEAN UNION

If your company is in the European Union, but outside Belgium, and if you provide Audio-Video-Europe a valid intercommunity VAT number delivered by the European Union country in which your company is established, and if the delivery address is in the same country, the VAT will not be added to the amount of your order.

The valid intercommunity VAT number is delivered by authorized fiscal authorities and you must be aware of and accept the following conditions:

- You guarantee that the intercommunity VAT number that you provide Audio-Video-Europe corresponds to your company and that this company is based in the European Union.

- You declare and guarantee that the ensemble of your transactions on your account will be performed by your company with the intercommunity VAT number that you have provided Audio-Video-Europe.

- You declare and guarantee that intercommunity VAT number as well as the ensemble of information that you provide us are up to date, exact and precise and that you will inform us immediately of any changes with respect to this information.

- Audio-Video-Europe reserves the right to request any additional information and confirmation on the validity of the information concerning your account (notably your intercommunity VAT number), both from you and from authorized authorities as the law permits. You expressly authorize Audio-Video-Europe to obtain this information from the authorized authorities. You also accept to furnish Audio-Video-Europe all information regarding your account as soon as it is requested.

- In the event that the provided VAT number is not valid or that requested proof of exoneration from VAT is not provided, Audio-Video-Europe will cancel your order.

Providing inexact information for the goal of circumventing VAT can be punished by fines and criminal charges.

OUTSIDE THE EUROPEAN UNION

If the order is billed and shipped outside the European Union, the VAT will not be charged to your order.

In this event, the delivery to the Client is considered completed as soon as the goods are in the possession of the shipper.

Custom duties and other taxes in the country of delivery are the sole responsibility of the Client.