Jet Import
General terms and conditions
1. APPLICATION OF THE GENERAL SALES CONDITIONS
- These general sales conditions shall apply to all orders placed with JET IMPORT, notwithstanding any provisions to the contrary in the customer's documents. By placing an order, the customer confirms JET IMPORT's terms and conditions.
- JET IMPORT reserves the right to modify these general terms and conditions by publishing a new version. However, with regard to current orders, the conditions in force at the time the order was placed shall remain valid.
2. ORDER & PRICE
- All orders should be placed exclusively through our web shop. Orders through other channels, such as phone or email, don’t have to be accepted. Customers must create an account on our webshop in order to place an order.
- An order, including those passed through agents or representatives, is only binding on JET IMPORT if payment has been completed.
- All prices include VAT.
- The prices indicated are subject to change at any time. If an order is placed, the price applicable to this sale shall be that in force at the time the order was placed.
3. DELIVERY AND SHIPPING CONDITIONS
- All our goods are delivered, shipped or transported at the customer's risk, even when the shipment is made carriage paid.
- JET IMPORT will make every effort to deliver orders within the usual period of 2 to 5 working days from receipt of the order, provided that the order falls within the limits of available stock.
- The aforementioned delivery times, which are indicated when the order is placed, are purely indicative. Delay in delivery, for whatever reason, shall not give rise to damages or constitute grounds for refusal of delivery or cancellation of the contract, and shall not release the customer from his commitment(s).
4. RETENTION OF TITLE
- Notwithstanding Article 1583 of the Civil Code, the goods sold or delivered shall remain the exclusive property of JET IMPORT until full payment of the principal, interest and costs. Notwithstanding this retention of title, the risk of loss or damage shall pass to the customer as soon as he takes possession of the goods.
- As long as the retention of title exists, the goods may not be given as security or pledged. The customer must notify us immediately if the goods are seized by the courts.
- The customer may sell the goods in the normal course of business. The customer hereby assigns to JET IMPORT all claims arising from the sale of the goods until such time as the customer's claim has been paid in full. JET IMPORT accepts this assignment.
5. PROVISIONS RELATING TO RECEIPT, COMPLAINTS & LIABILITY
- The customer must ensure that the goods can be delivered in a normal manner by JET IMPORT and in particular that the place of delivery is easily accessible. If he fails to do so, the customer shall be liable for any damage suffered by JET IMPORT.
- The customer must inspect the delivered goods immediately.
- In the event of apparent defects in the goods, the customer must inform JET IMPORT in writing within 3 working days of receipt of the goods by registered post, in order to avoid discussions regarding the aforementioned protest period. After this period, JET IMPORT shall only be liable for hidden defects that render the goods unfit for their intended use, insofar as JET IMPORT knew or should have known of the defects. Any claims arising from hidden defects must be lodged with the competent court within 30 days of the discovery of the defect, on pain of forfeiture.
- The lodging of a complaint in no way suspends the customer's obligation to pay.
- In the event of apparent defects, JET IMPORT shall supply new products in replacement or refund the amount of the invoice to the customer. In the case of hidden defects or any other fault, JET IMPORT's compensation shall always be limited to a refund of the price it has received. Under no circumstances shall JET IMPORT be held liable for any indirect consequential damage (loss of profits, reduction in turnover, increase in operating costs, loss of customers, etc.).
6. RETURN POLICY
- Only goods that are returned in perfect condition, with sufficient shelf life, in their original packaging, unopened, and accompanied by proof of payment, will be taken back. Only JET IMPORT will judge whether the conditions for return have been met and will decide on reimbursement. In this case, JET IMPORT will only refund the invoice value of the goods. The cost of returning the goods shall be borne by the customer.
7. INVOICING
- The order shall be invoiced in accordance with the VAT rate valid on the day of the order.
8. PAYMENT OF GOODS
- Subject to authorised deviating terms of payment, orders must be paid for online and before delivery.
- Invoices are sent with the goods or to an invoice address, if different from the delivery address, and payment must be made within 15 days of the invoice date.
- Unconditional payment of part of the invoice constitutes acceptance of the entire invoice.
- In the event of non-payment of all or part of the price on the due date, the customer -from that moment on- will be liable by operation of law and without formal notice to pay an annual default interest of 12%, at least the interest as referred to in art. 5 Law 02-08-2002; in addition to the aforementioned interest, JET IMPORT is also entitled, in accordance with art. 6 Law 02-08-2002, to a flat-rate compensation of 10% of the principal, with a minimum of €150.
- Any default in payment shall give rise to the immediate payment of all outstanding invoices, even those that have not yet expired, regardless of the payment terms initially granted, and shall give JET IMPORT the right either to suspend any future deliveries or to terminate the contract, without prejudice to the right to claim damages.
9. CONTRACTUAL DEFAULT
- If the customer fails to comply with his contractual obligations, JET IMPORT shall have the right either to suspend its obligations or, after formal notice, to terminate the contract without judicial intervention, if no action or no useful action is taken on the formal notice within 8 working days, without prejudice to the right to damages.
10. COMPETENT COURT AND APPLICABLE LAW
- Only Belgian law is applicable.
- Only the courts of the judicial district of West Flanders, Kortrijk division, shall be competent.
11. DATA PROTECTION
- JET IMPORT does not sell customers' personal data to third parties and processes them strictly in accordance with current legislation and its privacy policy.
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