Terms of sale

ARTICLE 1 – GENERAL POINTS

These Terms of Sale govern the contractual relations between the users and the Opéra Royal de Wallonie (ORW) in connection with the "Continuous Opera" (streaming) offered by the Opéra Royal de Wallonie on its opera-live.org and opera-live.be websites. These terms shall apply to the exclusion of all other terms. They are accessible at any time on these websites and shall prevail, where necessary, over any other version or any other conflicting document. It is expressly agreed that in the event of a difference in interpretation arising between the French version of these Terms and their translation into English1 it is the French version that shall prevail. Furthermore, the nullity of all or part of a particular clause shall in no way lead to the nullity of the other provisions of these Terms which will therefore apply in full. The ORW reserves the right to amend its Terms of Sale at any time. However, the applicable conditions shall be those in force on the website on the date of the Customer's order. The Customer is therefore invited to consult the conditions regularly.

ARTICLE 2 – AVAILABILITY OF SERVICES

Under normal circumstances, the Service shall be accessible by the Customer 24 hours a day and 7 days a week, throughout the year. However, the user may view the opera(s) of his choice only once during a period of five days from the "live" service.

ARTICLE 3 – ORDERS AND PAYMENTS

3.1. Orders

The Customer is offered two possibilities:

The account will allow access by the Customer to the Services offered by the ORW, and will be accessible with an ID and a password. These are personal and the Customer undertakes not to divulge them.

In this regard, the Customer is solely responsible for their use. Any attempt to substitute a password or an ID belonging to another Customer is strictly forbidden.

The ORW guarantees the impeccable digitisation of its content. If, however, the Customer should detect a fault relating to this digitisation, the ORW undertakes either to deliver the content to him again within a reasonable period, with its faults corrected, or to effect a refund of the purchase contract relating to the product concerned.

The Customer must declare that he has perused the terms of the order and that he accepts them, particularly the information on the characteristics of the products or services ordered, the price, the deadlines and these Terms, before placing the order.

The Customer must declare that he has full legal capacity to place an order and to accept these Terms.

Lastly, the order will be confirmed by the act of sending the Customer an electronic message giving a summary of the information provided, serving as an invoice. The sale will be considered definitive only when confirmation of the order is sent to the Customer by electronic mail and after MusiClassics has collected the full amount of the price.

3.2. Payments

The price of the products offered by the ORW shall be firm and definitive on the day on which the order is logged and shall be payable in cash and in full on the day on which the order is placed by the Customer.

The payment of the purchase shall be made by credit card or by online banking.

The payment transactions shall be rendered secure through the use of the SSL protocol.

The Opéra Royal de Wallonie has assigned the processing of the secure payment transactions to the company S.A. OGONE.

The following credit cards – American Express, Diners Club, Eurocard Mastercard, Mastercard, Visa and Bancontact Mister Cash – and the following online banking methods – CBC online, Dexia online, Ing Home pay and KBC online - are accepted for the payment of your purchase.

No further action will be taken regarding online purchases that are not paid for.

For greater security, the Customer's bank card number is not retained by the ORW, which has, moreover, a stable and secure online payment tool.

The prices, indicated in euro, are quoted inclusive of tax. Consequently, any tax increase in general would be reflected in the sale price.

Since the sale is considered complete only at the time of full payment of the order, the ORW is not obliged to proceed with supplying the Customer's orders if the price is not paid to it in full in advance when the order is processed.

Lastly, since the ORW reserves the right to amend its prices at any time, it is stated that the services will be invoiced on the basis of the tariffs in force at the time the order is logged.

ARTICLE 4 – RIGHT TO CANCEL

If an order is placed at least 7 working days before the first rebroadcast of a work, the consumer is entitled to notify the ORW that he wishes to abandon the purchase, without penalty and without stating a reason, within 7 working days of the conclusion of this contract.

However, if a purchase is made within 7 days, the consumer is not entitled to abandon the purchase.

It is expressly stated that taking out a subscription constitutes the acquisition of a package forming a single product. The aforesaid 7-day period should therefore be calculated from the first performance of the first production made available as part of the streaming.

ARTICLE 5 - PROTECTION OF PERSONAL DATA

The Belgian law of 8/12/1992 on the protection of private life guarantees you the following rights:

Right to access and check your data: you may at any time access the data which the Opéra Royal de Wallonie holds about you or check whether you appear in the database of the Opéra Royal de Wallonie.

Right of opposition: you may at any time oppose the use of your data by the Opéra Royal de Wallonie by contacting us (see Article 9 below)

Right of amendment: you may at any time inform us of corrections to be made the data concerning you by contacting us (see Article 9 below).

ARTICLE 6 – INTELLECTUAL PROPERTY

All the texts, illustrations, graphics, audio files, animation files, video files and their distribution on this site are protected by copyright and other principles of intellectual property law. These objects may not be copied for the purpose of being disseminated; they may not be modified, or placed on another site or published in any other form without the prior written authorisation of the Opéra Royal de Wallonie. This site may also include texts, illustrations, graphics, audio files, animation files or video files protected by third party copyright. This website gives no authorisation to use either our own intellectual property or that of a third party.

The Customer, for his part, shall enjoy only a personal right of use, within a strictly private context and with no possibility of commercial exploitation or of publication, even free of charge. Any use outside the context of these Terms is strictly prohibited and any use for purposes other than private shall lay the Customer open to civil and/or criminal legal proceedings.

ARTICLE 7 – LIABILITY - LIMITATION

It is incumbent upon the user to verify the compatibility and the proper working of his installation with the technology implemented by the site. To that end, a configuration test is made available to the user. The site shall not therefore refund any order which the user is unable to enjoy for technical reasons linked to his computer installation.

The Customer acknowledges that he is aware of the constraints and limitations of the internet network. Consequently, the ORW cannot under any circumstances be held responsible for the access speeds to the Site from other sites, the speeds of opening and viewing the Site's pages, the recording download speeds, external slowdowns, the suspension or inaccessibility of the service or the fraudulent use by third parties of all the information made available on the Site.

It is incumbent upon the Customer to protect his technical equipment, in particular against any form of contamination by viruses or from other sources, the ORW being under no circumstances liable.

The Customer is solely responsible for the use he makes of the service, the ORW being in no way liable for any claim made against the user.

The ORW, concerned with putting the most reliable product possible at the disposal of its customers, reserves the right to make to the service all the amendments and improvements it deems necessary or useful and shall not be liable for the damage of any sort that may result from such changes.

The ORW reserves the right, without notice or indemnity, to halt the service definitively and shall not be liable for the damage of any sort that may result from this event.

The ORW, being clearly bound therefore by an obligation of means, shall not be accountable for instances of force majeure.

Any liability of the ORW for any sort of direct or indirect damage arising from the non-execution or poor execution of the sale of a product or service, with the exception of the damage resulting from the aforementioned constraints and limitations of the internet network, may not under any circumstances exceed an amount equal to the price of the product sold, indicated on the order.

ARTICLE 8 – APPLICABLE LAW - DISPUTES

These Terms shall be governed, for both their interpretation and their execution, by Belgian law.

Any dispute relating to the formation, execution or cessation of the reciprocal contractual obligations shall be referred to the courts of the legal district of Liège (Belgium).

ARTICLE 9 – MISCELLANEOUS INFORMATION

Opera-live.org and opera-live.be are services of the OPERA ROYAL DE WALLONIE, Association sans But Lucratif [non-profit-making association], whose registered office is situated at 4000 – LIEGE, Rue des Dominicains, 1  (Belgium), company number: 426.262.540 

If you require any information or have any questions, our Customer Service department is at your disposal:

by email ("contact-us" section)

by post: ORW, Rue des Dominicains, 1, 4000 LIEGE (Belgium)

LAST UPDATED: 11.01.2010