General terms & conditions

 

1. Definitions and application of the Terms of Sale

The web shop http://www.jellyjazz.be (hereafter: the “Website”) is offered by:

 

BVBA JELLY JAZZ LEUVEN (hereafter: “JELLY JAZZ”, “We” and “Us”)

Steenstraat 45

8000 Brugge

Belgium

Company number (VAT-BE) 0889.879.384

Email: info@jellyjazz.be

Phone: 0032 3 353 89 67

 

For the purpose of these Terms of Sale, the following definitions shall have the following meanings:

  1. “Purchaser”: Every Consumer who enters into a contractual relationship with JELLY JAZZ. Further also referred to as “you” or “your”.
  2. “Consumer”: Every natural person acting for purposes outside his business or professional activity.
  3. “Products”: All goods offered via the Website which may be the subject of a Sales Contract.
  4. “Sales Contract”: Every contract in which JELLY JAZZ commits to transfer the property of one or more Products to the Purchaser and the Purchaser commits to pay for these Products.

The present Terms of Sale apply to all current and future sales of Products by JELLY JAZZ to the Purchaser. These Terms of Sale are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms of Sale.

JELLY JAZZ reserves the right to amend and/or supplement the Terms of Sale in the future. Any future changes will have no effect on existing product orders and consequential Sales Contracts.

The Terms of Sale of JELLY JAZZ can be consulted in Dutch and English. In case of a discrepancy between the different versions, the Dutch version prevails.

 

2. How is the Sales Contract concluded?

Our online offer is presented with the utmost care. JELLY JAZZ provides information about the features of the Products, including technical descriptions based on information we receive from our partners and suppliers, and photographs illustrating the Products. We provide this information to the extent technical resources permit us. Certain non-substantial characteristics of a Product may differ upon delivery from the photographs and descriptions displayed on the Website.

Any offer on our Website is merely an invitation to the Purchaser to make a purchase and therefore cannot be considered as a binding offer made by JELLY JAZZ to the Purchaser. In addition, an offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these particular conditions are only applicable when explicitly communicated prior to the order placement.

To purchase a Product from the JELLY JAZZ range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. JELLY JAZZ will contact you as soon as possible after the order for confirmation. JELLY JAZZ will send a confirmation of the order directed to the e-mail address specified by the Purchaser at the moment of ordering. The Sales Contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by JELLY JAZZ.

JELLY JAZZ retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. JELLY JAZZ will inform the Purchaser and will (where possible) propose a similar Product if the initial order cannot be executed or can only be partially executed. There is no Sales Contract if JELLY JAZZ refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, the Purchaser is not entitled to any form of compensation.

Each Purchaser agrees not to purchase the Products of JELLY JAZZ with the sole purpose of reselling them.

The Customer expressly acknowledges that the use of different types of electronic communications, such as email, give rise to a valid Sales Contract. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, JELLY JAZZ can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.

 

3. Our prices

All prices are indicated in EURO and include VAT and other taxes.

Delivery to the Purchaser is free of charge (carriage paid) when the Purchaser orders a minimum value of Products through the Website. This minimum value varies according to the country of delivery. If the total value of the orders does not reach this minimum value, the Buyer, who nevertheless wishes delivery, will have to pay an additional amount to pay for the delivery. Such costs are always explicitly indicated in the last step of our online ordering method. A list with the minimum limits and the costs in case of delivery below these minimum limits can be consulted here.

The Purchaser shall owe the price stated by JELLY JAZZ in the order confirmation. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by JELLY JAZZ after the conclusion of the Sales Contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.

We have the right to change our prices at any time but commit to always apply the prices that was indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.

 

4. Payment terms

Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our Website:

  • Bancontact
  • Maestro
  • VISA
  • Mastercard

In the future, JELLY JAZZ can always expand the payment methods. These expansions will always be announced on our Website.  JELLY JAZZ takes all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provides the necessary guarantees.

We make use of the secured payment system of MOLLIE for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.

JELLY JAZZ shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. JELLY JAZZ always retains ownership of all Products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.

 

5. Delivery

We process every order in a rapid manner. Normally the Purchaser receives his order within two to four working days. The delivery deadline is thirty (30) days after receipt of the order. If JELLY JAZZ fails to deliver the Products within the agreed upon timeframe or within thirty (30) days upon order confirmation, the Purchaser is recommended to request delivery within an additional, appropriate timeframe. The Purchaser may only terminate the Sales Contract if JELLY JAZZ fails to deliver the Products within the additional communicated timeframe. In the event of such termination, JELLY JAZZ will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the Sales Contract. The exceeding of the delivery time does not give rise to an additional right to compensation.

When you order a Product that is not in stock, there may be an indication of when the Product will be back in stock. The delivery time starts as soon as the Products are back in stock.

When the Purchaser has placed an order for several Products ("composite order"), JELLY JAZZ is only obliged to proceed with delivery if all ordered Products are in stock. The Purchaser placing a composite order accepts that this may affect the delivery period. JELLY JAZZ is free to make a partial delivery to the Purchaser when the combined value of the part of the composite order already in stock, depending on the country of delivery, exceeds the predetermined minimum limit.

JELLY JAZZ uses external parties and carriers for the execution of the delivery, in particular bpost. This may have an effect on the deliveries. If an order that has been sent remains undelivered, JELLY JAZZ will conduct an investigation at the carrier’s end. This can take several days. During this period, JELLY JAZZ cannot provide any reimbursement or proceed to a re-delivery of the Products.

The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered Products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.

JELLY JAZZ bears the risk for damage and/or loss of the Products until the moment of delivery. Risk associated with the Products shall pass from JELLY JAZZ to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.

 

6. Statutory warranty

 

6.1 General

Every Consumer has a legal warranty period of two (2) years. The Consumer may rely on this legal warranty if the Products delivered do not match the requested or ordered Product and this non-conformity manifests itself within two (2) years after delivery.

  • If the Product is defective within the first six months after delivery, there will be a presumption that the defect has existed since delivery. JELLY JAZZ can prove the opposite.
  • If the Product defect is detected more than six months after delivery, then the Consumer must prove the non-conformity of the Product at the time of delivery.

Furthermore, JELLY JAZZ shall be responsible with respect to all Customers (Consumers and Professional Customers) for the hidden (non-visible) defects in the Products delivered by it. For the Consumer, this regime applies after the statutory warranty period of two years has expired. The regime of hidden defects does not apply if the Customer was aware of these defects at the time of purchase. Consequently, each Customer is entitled to rectification if, after delivery, he discovers a hidden defect in the delivered Product, in accordance with the legal requirements.

The statutory warranty does not apply to:

  • Damage caused by normal wear and tear, accidental or deliberate changes made by the Customer to the Products, including injudicious and incorrect use and exposure to moisture, fire, earthquake and other external causes;
  • Damage caused by an installation and use in a manner that is not in accordance with the instructions and information provided;
  • damage caused by the removal of seals on certain parts and the removal or rendering illegible of the serial number and other numbering of product ranges. The Customer or any unauthorized third party may never remove this seal without the express written consent of JELLY JAZZ or the manufacturer;

 

Additional commercial warranties are always possible in accordance with the Terms of Sale and are always expressly communicated.

 

6.2 Complaint mechanism

The Customer or the third party designated by the Customer is required to examine the Products accurately on their conformity as soon as he receives the Products. If the Product is affected by a defect, and the receiver perceives this defect, he must submit a complaint.

Customer shall communicate these complaints towards JELLY JAZZ in a written statement and in an explicit, unambiguous and motivated manner. This must be done:

  • For visible defects: within three (3) calendar days upon delivery to the JELLY JAZZ or third party designated by the Customer.
  • For non-visible defects discovered during the statutory warranty period: within two (2) months upon discovery of the presumed defect.
  • For non-visible defects discovered outside the statutory warranty period: within seven (7) calendar days upon discovery of the presumed defect.

It is the duty of the Customer to motivate this communication sufficiently. In the absence of a (sufficiently) motivated complaint, the Customer is not entitled to send back the Products.

 

6.3 How to return a Product when exercising your statutory warranty right

Every Customer is obliged to send back the non-compliant Product to JELLY JAZZ within thirty (30) calendar days after filing the complaint with a view to a repair, replacement or refund. In the other case, the suspension of the statutory warranty period will be considered invalid.

The term of thirty (30) calendar days does not apply when it is clearly shown that the Product is damaged as a result of transportation. In such event, the Customer shall return the Product without delay and at the latest within the three (3) calendar days.

Products must be returned to JELLY JAZZ in their original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment.  Any failure to comply with this obligation will result in a proportional reduction in the repayment.

Sending back a Product is always at risk of the Customer. All costs for return shipment shall be borne by JELLY JAZZ, if the Customer complies with the warranty terms. JELLY JAZZ will provide the Customer with a return slip. In any case, we recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.

 

6.4 Repair or replacement

If the abovementioned conditions are met, the Customer is firstly entitled to a free repair or replacement of the ordered Products, if the situation renders it possible. Please note that we will only replace the Product with the same item of the same size, depending on available inventory. If the Product cannot be repaired or the same Product is not available, the Customer will receive a full refund.

JELLY JAZZ is only held to a refund if the reparation or replacement no longer produces the same benefit for the Customer. The Customer will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Customer.

If the Products have been sent back even though the conditions were not met, JELLY JAZZ will send the Products back to the Customer. The cost of this shipment will be borne by the Customer. JELLY JAZZ may stock the returned Products on behalf and at risk of the Customer, as long as the costs of return have not been paid.

 

7. Right of Withdrawal

 

7.1 General

The Consumer enjoys a right of withdrawal, in accordance with the Distance Selling Regulations (DSR) and article VI.47 Belgian Code of Economic Law The right of withdrawal provides the Consumer with the possibility to terminate the Sales Contract within fourteen (14) calendar days after the delivery. No motivation or penalty fee is required. JELLY JAZZ welcomes your feedback in order to improve its services. 

If the Consumer applies his right of withdrawal in conformity to the legal conditions, JELLY JAZZ will take care of the reimbursement of the amount actually paid for the Product within fourteen (14) calendar days after the Consumer has notified JELLY JAZZ that he is exercising his right of withdrawal. A refund will be given for the total value of the order, with the exception of shipping costs for returning the Products. The refund will be carried out by means of the same payment method you used for the initial transaction, unless you expressly agree otherwise.
No additional fee will be charged for the refund.

Attention: JELLY JAZZ does not reimburse any additional delivery costs, such as the cost endorsed if the Consumer selects a delivery method that differs from the cheapest standard delivery method.

The Consumer has no right of withdrawal when it comes to the delivery of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery.

 

7.2 How to exercise your right of withdrawal

The Consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days since the day of acquiring physical possession of the Products.

It is up to the Consumer to prove that he can rely on his right of withdrawal.

The following information must always be clearly communicated:

  • The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;
  • Name and address of the Consumer;
  • Signature of the Consumer.

Please click here model form for revocation to print the form which is to be used for any and all returns. The Consumer must complete this form completely and truthfully. The notice of withdrawal must be sent by e-mail to info@jellyjazz.be or by mail to Diestsestraat 66, 3000 Leuven.

 

7.3 How to return a Product when exercising your right of withdrawal

The Consumer must return the Products to JELLY JAZZ as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The delivered Products have to be returned to the following address: Diestsestraat 66, 3000 Leuven.

The Consumer has to return the Product by safe means of transportation in order to ensure that the Product arrives in good condition. The return shipment can only be done by manner of an authorized carrier. We strongly recommend you to insure your return shipment to the extent that you are responsible for the care of the items and will be responsible for any damage caused until they are received at our warehouse. In case of dispute, we also recommend that you keep a proof of sending. In any case, the Consumer will bear all costs and risks of return. JELLY JAZZ may suspend the reimbursement until receipt of evidence by the Purchaser that the Products have been returned.

In addition, the Consumer is liable for any diminished value of the Products resulting from the handling of the Products beyond what is necessary to establish the nature, char­acteristics and functioning of the products. JELLY JAZZ is entitled to charge the costs of the impairment in proportion to the repayment. This, however, only after JELLY JAZZ has repaid the initial purchase price to the Consumer.

The Consumer has no right of withdrawal if the above conditions are not met. In that case, the Products will be returned to the Consumer at the expense and risk of the Consumer. JELLY JAZZ commits to clearly communicate its motives to the Consumer.

 

8. Force Majeure

Force majeure exists if JELLY JAZZ is, wholly or partially, prevented to accomplish its obligations towards the Purchaser by circumstances beyond its control. In this case JELLY JAZZ is not obliged to fulfill its obligations. JELLY JAZZ may suspend its obligations for the duration of the force majeure.

 

9. Processing of personal data

The personal information provided by the Customer is necessary for the processing and completion of the orders, and the preparation of the invoices and guarantee contracts. If this data is missing, the order will inevitably be cancelled. The submission of incorrect or false personal data is considered as a violation of the present Terms of Sale. The Purchaser's personal data will only be processed in accordance with the Privacy Policy available on our Website 'Privacy Policy'.

 

10. Applicable law and court of competent jurisdiction

These Terms of Sale shall be governed and interpreted exclusively in accordance with Belgian law. All offers and Sales Contracts are governed exclusively by Belgian law.

In the event of any dispute regarding the execution or interpretation of these Terms of Sale, JELLY JAZZ will do everything in its power to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to an arbitration and mediation center (such as CEPANI).

All disputes relating to or arising from offers made by JELLY JAZZ, or Sales Contracts concluded with it, will be submitted to the courts of the judicial district West Flanders.

As a Consumer, you can also submit a dispute regarding the Terms of Sale to an independent dispute resolution body.
For more information: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

 

 

© 2018 deJuristen IT law and Intellectual Property (http://www.ictrecht.be). The offered information is protected under copyright legislation, which means that this information may not be reproduced or distributed without the previous and written permission of deJuristen (contact@dejuristen.be). deJuristen thus retains all relevant intellectual property rights.