Legal notice
1.General
1.1 These general terms and conditions apply to all legal relationships between JF consul (CBE No. 0677.572.516), operating under the trade name Jf interior, hereinafter referred to as the "Seller", and the buyer/client, hereinafter referred to as the "Client".
1.2 Amendments to these general terms and conditions or deviations from certain parts of the contract shall only bind the Seller if they have been confirmed in writing.
1.3 In the event of any conflict between the text of the website, catalogue, advertisements or any other general publicity of the Seller and these general terms and conditions, the latter shall prevail.
1.4 The applicability of any purchasing or other conditions of the Client is expressly rejected.
1.5 If several persons (legal entities) or companies are identified with the Client, they shall be jointly and severally liable to fulfill all obligations arising from the contract concluded with the Seller.
2.Offer and contract –
All offers of the Seller – including images, drawings, capacities, specifications, price lists, material lists, information on the website and any other documentation included – are entirely without obligation. Subject to provisional price changes, typographical and printing errors. An agreement between the Seller and the Client is concluded only by the Seller’s acceptance of the Client’s request.
3.Prices and payments
3.1 Unless expressly agreed otherwise, the Seller’s prices, including those in catalogues, price lists and advertisements, as well as on websites, are VAT included.
3.2 The prices stated on the Seller’s website apply only to online orders. If the Client places a request at a price indicated on the website which has meanwhile been increased or proved incorrect, the Seller shall inform the Client. The Client shall be deemed to accept the price as communicated if he does not object in writing to the price increase within two working days, or if he uses the delivered goods. In the Seller’s catalogues, prices and availability may be changed without prior notice.
3.3 Unless otherwise agreed, payments must be made prior to delivery according to the indicated payment method. For orders to be collected at the showroom, payments may be made at the time of collection of the goods.
3.4 If the Client fails to comply with his commitments or does not fulfill his obligations in time, the Client shall be in default by operation of law, without any notice of default being required. The Client shall then owe the Seller the statutory commercial interest rate, calculated for a full month from the due date of the invoice. If payment remains outstanding even after a notice granting the Client a payment term, the Seller is entitled to refer the claim for collection. All costs related to collection, including judicial and extrajudicial costs and costs charged by external experts in addition to court-determined costs, shall be borne by the Client. The amount of extrajudicial costs is set at a minimum of 15% of the total amount due.
With regard to sales to consumers and by principle of reciprocity, similar sanctions shall apply to the Seller in similar situations.
3.5 Payments made by the Client shall first be deducted from the costs due, then from the interest due, and finally from the oldest claims, even if the Client declares that the payment relates to another claim.
3.6 If part of an invoice is disputed by the Client, this shall not affect the execution of the other undisputed parts in accordance with the conditions referred to in point
4.Delivery
4.1 The agreed delivery date or period shall be strictly applicable, unless it cannot be respected due to unforeseeable circumstances beyond the Seller’s control which render the performance of the Seller’s obligations impossible or substantially more difficult or onerous, and the Seller has informed the Client thereof no later than the delivery date, if applicable proposing an extension of the period.
The delivery period is based on the working conditions applicable at the time of conclusion of the contract and on the timely delivery of the goods necessary for the execution of the contract by the Seller. In case of delay resulting from a change in working conditions and/or late delivery of required goods to the Seller, the delivery period shall be extended accordingly.
4.2 If the Client has accepted the proposed extension of the period, he may, in case of further delay, terminate the contract by simple letter.
4.3 If the agreement does not mention any specific delivery date or period, the delivery deadline is set at 90 days from the order.
4.4 If the Client refuses to take delivery on the agreed date, the Seller may, after notice of default, claim storage and safekeeping costs of 20 EUR per day and/or terminate the contract by operation of law by simple letter. In this case, the Seller may also claim compensation corresponding to the damage suffered, fixed at 10% of the agreed price excluding tax, unless the Client has established that the failure to take delivery is due to force majeure.
4.5 If delivery becomes definitively impossible due to force majeure, the sale shall be terminated by operation of law.
4.6 The goods are delivered to the address indicated in the order confirmation. Delivery and transfer of risk take place at the moment the Seller hands over the product to the carrier.
4.7 In case of delivery of the products to the Buyer at the Seller’s premises, the transfer of risk shall take place at the moment of handover of the products. Furthermore, in this case, the products shall be reserved until the agreed date for handover of the purchased goods. If the Buyer has not taken possession of the purchased goods on that date, the Seller shall be entitled to resell them or consider the sale terminated. By reciprocity and only in the case of sale to consumers, if the Seller has not been able to hand over the goods to the Buyer on the delivery date, the Buyer may also consider the sale null and void. Except in cases of gross fault by the Seller, the Buyer shall not be entitled to claim any damages in case of non-delivery of the goods.
4.8 The Seller is authorized to perform a contract in installments and to claim payment for the part of the contract that has been performed.
4.9 The Client is requested to examine the goods and to notify the Seller as soon as possible of any apparent defects and any discrepancies with the contractual specifications, i.e., all defects that can be detected quickly through careful and serious inspection, in particular those relating to the characteristics and operation of the products.
5.Retention of title –
The Seller retains ownership of all goods delivered to the Client until the Client has fully fulfilled his obligations under the contract pursuant to which the Seller delivered the goods or provided the services, as well as any claim made by the Seller against the Client due to the Client’s failure to comply with that contract. The Client is obliged to inform the Seller without delay if third parties seize goods delivered under retention of title. If the Client is in default in the performance of his obligations, the Seller is entitled to recover the delivered goods or have them recovered from the place where they are located, at the Client’s expense. The Client is not authorized to pledge or transfer ownership of goods that have not yet been paid for. The Client is obliged to store goods delivered under retention of title with due care and as identifiable property of the Seller.
6.Storage –
If it has been agreed that the Seller shall store the items, the items and their storage shall be at the Client’s risk and expense from the moment of delivery. In this case, the Seller’s warehouse shall be the place of delivery and the sending of the invoice shall serve as notification of storage.
7.Warranties
7.1 In accordance with Articles 1649 bis to 1649 octies of the Civil Code and only in the case of sales to consumers, the Seller shall be liable for any lack of conformity existing at the time of delivery of the goods and appearing within a period of two years from such delivery.
However, the defect shall be deemed not to exist if at the time of conclusion of the contract the Client knew of this defect or could not reasonably have been unaware of it or if the lack of conformity originates from materials supplied by the Client.
It is agreed that the Client must notify the Seller of any lack of conformity, preferably in writing, within a maximum period of two months from the day on which he discovered the defect. Failure to comply with this obligation shall result in the loss of the consumer’s rights.
Upon expiry of the two-year period, the common law warranty for hidden defects provided for in Articles 1641 to 1649 of the Civil Code shall, where applicable, apply.
In this case, the two-month notification period provided above shall remain applicable.
The Seller refers to the aforementioned Articles of the Civil Code for further details.
In the case of sales to professionals, the warranty period shall be 1 year and the short-term notification conditions set out above shall apply as such.
7.2 The warranty covers the replacement of all defects in materials and workmanship of the delivered goods, or, at the Seller’s choice, to the best of its ability, during the warranty period, provided that such defects have been reported to the Seller in detail within the above-mentioned warranty period. All replaced parts become the property of the Seller. Instead of repairing or replacing the delivered item, the Seller may choose to refund the purchase price.
7.3 The warranty obligation shall cease if the defects of the delivered item are wholly or partly the result of actions of the Client, such as improper storage, transport in inadequate packaging, incorrect, negligent or improper use, failure to comply with the terms of the license or regulations contained in the user instructions, or wholly or partly the result of external causes such as fire and water damage. Furthermore, the warranty obligation shall cease in the absence of serial numbers, or if the Client makes or has made modifications to the goods or to parts supplied by the Seller in the context of maintenance or warranty, without the Seller’s consent. Costs incurred by the Seller in this case, including investigation costs (with a minimum of one hour) and transport costs, may be charged to the Client at the Seller’s applicable rates in the above cases.
7.4 The right to warranty shall not apply during the period in which the Client has not, not fully or not in time, fulfilled one or more obligations under the contract.
7.5 Work and costs, including repair costs, not covered by this warranty shall be invoiced by the Seller to the Client at the rates in force at that time.
7.6 Return of items shall be at the Client’s expense.
7.7 Except for the warranty described in this article, the Seller provides no direct or indirect warranty on the delivered products.
7.8 The Seller makes its website available to give its Clients an overview of the products in its range. The Seller endeavors to keep the information on this website as up to date as possible but cannot guarantee that the information on this website is always complete, correct or up to date. In order to provide the most recent information, the Seller will update from time to time the information on this website concerning products and services. The Seller does not guarantee the composition, user-friendliness and specific application possibilities of the items
8.Returns
8.1 The Client may return products within 30 days if the following conditions are met:
• The product is unused, undamaged and untested
• The product is returned in its original packaging
• The packaging is not opened
• Any seal of the packaging is intact, unopened or not removed.
8.2 This right of return does not apply to:
• Custom-made products, i.e., according to specific characteristics determined by the Client.
• Food products or products intended for consumption.
9.Transfer of rights and obligations
9.1 The Client is not entitled to transfer all or part of his rights or obligations under the Contract to a third party without the prior written consent of the Seller.
9.2 The Seller is entitled to engage third parties in the performance of the contract.
10.Liability
10.1 The Seller shall be liable to the Client only for damages to the extent indicated in this article.
10.2 In case of breach of contract attributable to the Seller, the Seller shall only be liable for direct damages resulting therefrom, provided that the Seller has not been properly and promptly notified in writing or by telephone, granting the Seller a reasonable period to fulfill its obligations. Direct damage shall mean only: damage to the delivered goods, damage to other property of the Client and bodily injury.
10.3 The Seller’s total liability for attributable failure in the performance of the contract shall be limited per event to compensation for direct damages up to the amount paid by the Client to the Seller for the case concerned, excluding VAT, a series of events being considered as a single event, unless otherwise agreed by mutual consent. Costs may not exceed 300 €. Furthermore, if the damages are covered by the Seller’s insurance, compensation shall never exceed the amount actually paid by the insurer in the case in question.
10.4 Under no circumstances shall the Seller be liable for indirect damages, including data loss, consequential damages, loss of profit, lost savings and damages related to business interruption.
10.5 Any claim against the Seller, unless acknowledged by the Seller, shall lapse by the passage of 12 months after the occurrence of the claim.
10.6 By reciprocity, the same obligations and limitations shall apply to the Seller in its relations with the Client when the latter is a consumer.
11.MODIFY / CANCEL ORDERS
11.1 The Seller reserves the right to modify or cancel the order if:
• the products are not in stock or in an appropriate condition for delivery
• the cost of obtaining the products to be delivered is higher than at the time of acceptance of the order
• the terms and conditions (including of the website, catalogue or order) contain errors, including those relating to price and product description
• the Seller has not received full payment
• the minimum required age for ordering has not been respected
• the products are purchased with the intention of being resold
• the government has prohibited the Seller from entering into an agreement with the buyer
• the Seller considers, for legitimate reasons, that the purchase contract should not be concluded.
11.2 If the contract has been cancelled, the Client must return the delivered products unused and unopened. This shall be at the Seller’s expense if the Client is not responsible. The Client shall then be credited.
12.Intellectual property
12.1 All intellectual and/or industrial property rights, including copyrights, designs, patents, trademarks and/or any other rights, on all elements manufactured and/or made available by the Seller within the framework of the contract are the exclusive property of the Seller or its supplier. The goods supplied to the Client may not be reproduced and/or made public by the Client in any manner whatsoever without the prior express written consent of the Seller, in whole or in part.
13.Force majeure
13.1 Cases of force majeure include failures of the Seller’s suppliers, illness, staff shortages, strikes, transport obstacles and other events beyond the Seller’s control.
13.2 In the event of force majeure, the obligation of the party invoking force majeure shall be suspended for the duration of the force majeure. In this case, the Client is only authorized to terminate the contract if it is established that performance is definitively impossible or will not be possible for a period of two months. If the force majeure situation continues for more than two months or it is established that it will last longer, both parties are authorized to terminate the contract.
13.3 All circumstances reasonably unforeseeable at the time of conclusion of the sales contract and unavoidable, which would render the performance of the contract more difficult or more onerous financially or otherwise beyond normal expectations, shall be considered as cases of force majeure. They entitle the Seller to request a revision of the contract. If these circumstances are of such a nature as to cause an interruption of the order, the execution period shall be suspended by operation of law for the duration of the interruption, increased by the time necessary for the execution of the order.
14.Termination
14.1 Each party may terminate the contract without notice of default and without judicial intervention with immediate effect in the event that: The other party is declared bankrupt, judicial reorganization, debt mediation or any other insolvency procedure.
14.2 Amounts invoiced prior to termination relating to goods already delivered in performance of the contract and services rendered shall be immediately payable upon termination.
15.Export
In the event of export of goods by the Client
The relevant export regulations shall apply. The Client shall indemnify the Seller against all claims by third parties relating to violations of applicable export regulations attributable to the Client.
16.Applicable law and dispute resolution
All contracts between the Seller and the Client are exclusively governed by Belgian law. The Courts of the Seller’s registered office shall have exclusive jurisdiction. The effect of any international convention on the purchase of tangible movable goods, the effects of which may be excluded between the parties, shall not apply and is expressly excluded hereby. In particular, the applicability of the Vienna Convention on the International Sale of Goods of 1980 (CISG 1980) is expressly excluded.
17.Miscellaneous provisions
17.1 The nullity of one or more clauses of the agreement shall not entail the nullity of the entire agreement. The parties shall endeavor to replace the null clauses with equivalent clauses.
17.2 Without prejudice to the provisions of this agreement, the Client shall be entitled to compensation in accordance with common law if the Seller fails to fulfill its obligations under this contract without prejudice in particular to the limitation set in article
17.3 In case of sale to consumers, in compliance with the principle of reciprocity, the sanctions applicable to the Client may also be applicable to the Seller. Likewise, with regard to consumers, if the Seller remained indebted to the Client for sums, the latter would be entitled to calculate interest and penalty clauses as provided for in these general terms and conditions.
17.4 In general (i.e., in all types of sale), the Seller wishes to emphasize that:
there is no manifest imbalance between the rights and obligations of the parties through these general terms and conditions. The Seller is subject to numerous contingencies including, in particular, delivery times of its own suppliers as well as its maximum storage capacity.
These general terms and conditions take this situation into account.
None of the clauses provided for in these general terms and conditions provides for a revocable commitment of the Seller whereas its services are subject to a condition the fulfillment of which depends solely on its will.
None of the clauses of the general terms and conditions provides the Seller with the right to unilaterally interpret the general terms and conditions or any clause of an agreement binding the parties.
The general terms and conditions do not provide for any waiver by the Client of remedies against the Seller.
The only restrictions are strict time limits applicable in commercial matters which cannot be considered as a waiver of any remedy against the Seller.