General terms and conditions

 

1) Scope of application:

All commercial transactions concluded between the Private Limited Liability Company “Janox.be”, whose registered office is located at 8972 Krombeke, Roggestraat 12, VAT BE 0478 892 562, RPR Ieper (hereinafter “Janox.be”) and the customer, as concluded via the webshop http://www.janox.be and/or as concluded at the registered office of Janox.be, are governed by these general terms and conditions. Janox.be is a retail trader (hereinafter the “products”) and sells to consumers and professional customers both via its webshop and at its registered office.

By placing an order/purchasing, the customer acknowledges having read and accepted the general terms and conditions of Janox.be. These terms and conditions always take precedence over the customer's terms and conditions, even if they state that they are the only ones that apply.

These general terms and conditions do not affect the statutory rights that are mandatory granted to the consumer-customer under Belgian legislation regarding consumer protection.

The possible nullity of one or more provisions of these conditions does not affect the applicability of all other clauses. In the event of nullity of one of the provisions, Janox.be and the customer will, to the extent possible and according to their loyalty and conviction, negotiate to replace the null provision with an equivalent provision that corresponds to the general spirit of these general conditions.

The fact that Janox.be fails to demand strict application of any of the provisions of these terms and conditions cannot be considered as a tacit waiver of the rights that Janox.be has under these terms and conditions and does not prevent Janox.be from subsequently demanding strict compliance with those provisions.

Janox.be reserves the right to modify or change its general terms and conditions at any time. It is the customer's responsibility to consult these conditions regularly.

2) Quotation: 

Catalogs, newsletters, notes, folders, advertising announcements are not to be considered as binding offers of the products described or depicted. Offers from Janox.be are entirely without obligation and can only be considered as an invitation to purchase or place an order by the customer, unless expressly stated otherwise. An offer is only valid for a specific order and therefore does not automatically apply to subsequent similar orders. Offers only include those products that are expressly mentioned in them. Each offer is valid for a period of 30 calendar days, unless stated otherwise on the offer.

3) Conclusion of purchase: 

An agreement concluded at the registered office will only be concluded after the order form has been signed by both the customer and a person authorised to bind Janox.be, or after Janox.be has commenced the execution of the agreement.

The purchase, concluded by means of the webshop, is only concluded upon receipt by the customer of the confirmation email from Janox.be. This confirmation email is only sent by Janox.be after a correct payment of the order by the customer. Any changes or additions after the conclusion are only valid after written agreement of both parties, among other things with regard to the payment conditions and execution periods.

In the event of cancellation of an order or purchase, even partially, Janox.be reserves the right to charge the customer compensation of 10% of the price of the cancelled order, excluding VAT, without prejudice to the right of Janox.be to compensation for the actual damage suffered if it can prove this.

Janox.be reserves the right to request additional information regarding the customer and their activities for the safety and security of the customer, and in the absence thereof to refuse to execute the order. Janox.be may also refuse to execute orders that indicate that the consumer-customer intends to resell the products themselves.

In the event that Janox.be is unable to execute the purchase/order for objective reasons, such as but not limited to the products not being or no longer being in stock, Janox.be will inform the customer of this within 7 calendar days after the date of the conclusion of the agreement. Any amounts already paid will in that case be refunded within 14 calendar days after the date of the conclusion of the agreement. In no event can compensation be claimed from Janox.be in such a case.

4) Right oh withdrawal : 

The consumer-customer has a right of withdrawal with regard to the products purchased via the webshop. The consumer-customer has the right to cancel the purchase/order of a product and this without payment of a fine and without giving a reason. This right of withdrawal must be exercised by the consumer-customer in writing and within a period of 14 calendar days from the day following the delivery of the ordered product. Within the same period, the goods must be returned to Janox.be. After the expiry of the period of 14 calendar days, the purchase is final. In the event of a correct exercise of the right of withdrawal by the consumer-customer, Co2-4u.eu undertakes to refund the amount received within thirty calendar days following the withdrawal. The costs for returning the delivered product are, however, borne by the consumer-customer. If the returned goods have suffered a reduction in value due to the customer's actions, for example because we have to wash them or relabel or repack them, we reserve the right to withhold part of the purchase price for this.

Under no circumstances does a professional customer have the right of withdrawal, both with regard to purchases at the registered office and through the webshop.

5) Price: 

All prices are expressed in Euro and are inclusive of VAT, but exclusive of any delivery, shipping or other administrative costs, unless expressly stated otherwise. Any costs for delivery will always be stated separately.

In the event of an order/purchase via the webshop, the products are sold at the prices stated on the webshop at the time of the online purchase.

To the extent that the prices are based on the then applicable level of wage costs, social security contributions and government charges, transport costs and insurance premiums, raw material prices, costs of materials and parts, exchange rates and/or other costs, Janox.be is entitled to increase or decrease its prices accordingly in the event of an increase or decrease in one or more of these price factors and to do so in accordance with the legally permitted standards.

6) Advance payment: 

Janox.be always reserves the right to request the customer to pay (i) 50% of the total amount as an advance payment or (ii) to request the customer to pay in full before proceeding with the execution of the agreement.

7)Delivery: 

The expected delivery time for an agreement concluded at the registered office is always approximate. Exceeding the expected term can under no circumstances, except in the event of intent or gross negligence on the part of Janox.be, give rise to compensation or termination of the agreement at the expense of Janox.be.

Changes to the order will automatically cause the delivery times to expire. Janox.be is in no way liable for delays incurred as a result of default by suppliers, the customer and/or any other third party. Exceeding the delivery time by Janox.be does not release the customer from his obligations. Janox.be reserves the right to make partial deliveries with regard to any order.

In the event of a purchase via the registered office of Janox.be, delivery is always EX WORKS (Incoterms 2010), both when the customer collects the products from the registered office and when they are delivered to the delivery address specified by the customer. The transfer of risk for damage, destruction and disappearance with regard to the goods is always transferred at the moment the customer collects the goods from the registered office of Janox.be or at the moment they are offered for transport by Janox.be.

In the case of a purchase via the webshop, goods are delivered DELIVERED AT PLACE (Incoterms 2010) to the delivery address specified by the customer. In the event of absence of the customer upon delivery, the carrier will leave a notice at the delivery address stating that the customer can collect the order at the post office specified in the notice.

If the customer refuses the order upon delivery or if it is not collected from the post office within the period stated on the message, the order will be returned to the registered office of Janox.be. The costs of return as well as the associated costs (such as but not limited to customs costs, taxes, VAT, storage costs) are for the account of the customer.
When ordering certain products (including textile products and products that are made to measure), an overproduction of up to 5% may occur. Janox.be always invoices the correct number of products that are delivered, and the customer agrees to accept and pay for them.

8) Payment: 

For purchases made at the registered office of Janox.be, the cost to be paid will be invoiced by Janox.be to the customer. This invoice is payable within a period of 8 calendar days after the invoice date, unless otherwise stated on the invoice. Invoices can only be validly protested in writing by registered letter within 5 calendar days after the invoice date and stating the invoice date, invoice number and a detailed motivation. For each invoice that is not paid in full or in part on the due date, a default interest of 1% per month will be charged by operation of law, without prior notice of default, whereby each month started will be considered as fully expired, and in addition the amount due will be increased by 10% of the invoice amount, with a minimum of fifty euros (€ 50.00) (excl. VAT), by way of fixed compensation, without prejudice to the right of Janox.be to claim higher compensation.

If a customer fails to pay one or more outstanding claims to Janox.be, Janox.be reserves the right to immediately stop any further delivery or execution and to consider other orders as cancelled without any notice of default, in which case the fixed compensation as provided for in article 3 is due. Furthermore, this entails the immediate enforceability of all other invoices, even those that have not yet expired, and all permitted payment conditions expire. The same applies in the event of impending bankruptcy, judicial or amicable dissolution, cessation of payment, as well as any other fact indicating the insolvency of the customer.

The unconditional payment of part of an invoice amount is considered as express acceptance of the invoice.

Partial payments are always accepted subject to all reservations and without any adverse acknowledgement, and are first allocated to the collection costs, then to the damages clause, the accrued interest and finally to the oldest outstanding principal sum.

However, if the order is placed via the webshop, it can only be paid online by the customer via a special payment module provided on the Janox.be website.

For the processing of these online transactions, Janox.be uses external professional and specialized partners who manage a payment platform. The financial data of the customer that are entered in the context of an online payment are only exchanged between the external partner and the financial institutions involved. Janox.be has no access to the confidential financial data of the customer.

Online payments are made using secure protocols. All online payments are subject to the general terms and conditions of the external administrator of the payment platform, who is solely responsible for the correct execution of all online payments.

9) Electronic invoicing: 

By ordering a product via the webshop, the customer expressly agrees to the use of electronic invoicing by Janox.be, unless otherwise agreed in writing between the parties.

10) Retention of title: 

In the event of an order placed at the registered office of Janox.be, Janox.be retains ownership of the products delivered to the customer until the customer has paid the price, costs, interest and all other accessories in full. Nevertheless, the risks of loss or destruction of the products will be borne in full by the customer from the moment of delivery. The customer undertakes to immediately notify Janox.be by registered letter of any seizure that may have been placed on the delivered products by a third party. In the event that the customer resells the products belonging to Janox.be, he shall from that moment on transfer to Janox.be all claims arising from this resale, if Janox.be so chooses.

11)Visible and hidden defects:

The customer must carry out an initial verification immediately upon delivery of the goods. This immediate verification obligation relates to, among other things: (merely exemplary list) quantity and dimensions, conformity of the delivery, visible defects, correct location(s), etc. The customer must report immediately verifiable deviations, under penalty of forfeiture, in writing to Janox.be within 48 hours after delivery and in any case before use.

For consumer customers, the statutory guarantee for hidden defects applies for 2 years from the date of delivery of the goods (delivery note). From the seventh month, such a guarantee can only be invoked if the consumer customer can demonstrate that the defect already existed at the time of delivery. During the first six months, the customer can return defective goods unconditionally, unless Janox.be can demonstrate that the defect did not exist at the time of delivery. All complaints based on hidden defects must, under penalty of forfeiture, be communicated to Janox.be within two months of their discovery by the customer via the email address info@Janox.be.

For professional customers, hidden defects must be reported to Janox.be in writing within 4 months from the date of delivery of the products (delivery note), but in any case 48 hours after discovery.

If no complaints are communicated within these periods, the delivery is deemed to have been approved and accepted. Under penalty of inadmissibility of the complaint, the customer must be able to prove that he has stored the products correctly both before and after discovering the defects.

After discovering any defect, each customer is obliged to immediately cease further use of the product in question and to do and have done everything reasonable to prevent (further) damage and to store the products correctly, under penalty of inadmissibility of the complaint. The guarantee or indemnity for hidden defects is in no case applicable if the damage is caused by incorrect use or incorrect maintenance of the product.

The customer may not under any circumstances return the products to Janox.be without the latter's prior consent. Janox.be reserves the right to determine the defects on site together with the customer and to investigate the cause. Co2-4u.eu is under no circumstances responsible for the loss of or damage to returned goods until they have been accepted by Janox.be in its warehouses.

Any claim to indemnity shall lapse in the event of processing, modification, repair by the customer or by third parties or in the event of abnormal or extraordinary use, loading and/or wear of the products or damage caused by force majeure.

No claim for indemnity by Janox.be for hidden defects or non-conformity can be maintained after the expiry of the aforementioned terms.

Filing a complaint does not give the customer the right to suspend his payment obligations. The customer is obliged to reimburse the costs incurred as a result of unjustified complaints.

The guarantees that Janox.be offers to the customer remain limited, at the sole discretion and discretion of Janox.be, to (in whole or in part): (i) replacement (ii) return of the goods in question, with credit to the customer.

The customer acknowledges that Janox.be does not warrant that the goods comply with the regulations or requirements applicable in any jurisdiction other than the regulations or requirements applicable in Belgium.

12) Liability: 

With the exception of the indemnity by Janox.be in accordance with the above warranty provision, the liability of Janox.be is limited to the invoice value (excl. VAT) of the products delivered by Janox.be and in any case limited to the liability that is mandatory by law.

Janox.be is in no event obliged to compensate for indirect damage (such as, but not limited to, loss of income or damage to third parties).

Janox.be is also not liable for defects that are directly or indirectly caused by an act of the customer or a third party, regardless of whether these are caused by an error or negligence.

The destination of products by the customer himself or by a third party, is done under the full responsibility and at the risk of the customer. Janox.be can in this case in no way be held liable for direct or indirect damage resulting from this destination.

13) Promotions: 

Promotional gifts by Janox.be, in whatever form (such as but not limited to price reductions, discount coupons, free shipping, etc.) must always be used according to the guidelines as expressly indicated in this regard. In any case, these can only relate to 1 order, cannot be cumulated and are of a personal nature.

14) Force Majeure/Hardship: 

If Janox.be, due to force majeure, is unable to perform its obligations or unreasonably increases the performance thereof, it has the right to suspend the performance thereof in whole/in part and temporarily for the duration of this force majeure or definitively, without being obliged to give any notice or being liable for any compensation. The following are conventionally considered cases of force majeure: war, blockade, uprising, strike or lock-out, seizure, shortage of means of transport, general scarcity of raw materials or products, restrictions on energy consumption, either at Janox.be or at one of its suppliers.

15) Compensation: 

In accordance with the provisions of the Financial Collateral Act of 15 December 2004, Janox.be and the customer automatically and by operation of law compensate and settle all currently existing and future debts towards each other. This means that in the permanent relationship between Janox.be and the customer, only the largest debt claim remains after the aforementioned automatic settlement. This debt settlement will in any case be opposable to the trustee and the other concurrent creditors, who will therefore not be able to oppose the debt settlement carried out by the parties.

16) Intellectual rights: 

Janox.be guarantees to have the necessary licenses to offer its product range. However, Janox.be retains all copyrights or the rights granted to it on the designs, drawings, models, samples, photos and products made by it, so that the customer may not copy or use the products for purposes other than those for which they are intended without prior written permission from Janox.be.

17) Personal data: 

The customer gives Janox.be permission to include the personal data provided by the customer in an automated data file. Fanshops.be acts in accordance with the Belgian law on the processing of personal data dated 8 December 1992.

This data will be used for the purpose of conducting information or promotional campaigns in connection with the services and/or products offered by Janox.be within the framework of the contractual relationship between Janox.be and the customer.

The customer can always request communication and improvement of his data. If the customer no longer wishes to receive commercial information from Janox.be, the customer must inform Janox.be of this. Costs for changes to the original data of the customer, which arise at his request, will always be charged.

18) Complaints procedure:

In the event of out-of-court settlement of the dispute, the Consumer Ombudsman Service of the Federal Government is competent to receive any request for out-of-court settlement of consumer disputes. It will in turn either handle the request itself or forward it to a qualified entity. You can reach the Consumer Ombudsman Service via this link: www.consumentenombudsdienst.be/nl

In the event of disputes of a cross-border nature, the customer can also use the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr

The customer can also appeal to the complaints procedure of Janox.be.
 

19) Choice of law and competent courts: 

The Belgian legal system applies.

Disputes fall under the exclusive jurisdiction of the courts of the district where Janox.be has its registered office, unless Janox.be expressly deviates from this.