Terms and Conditions
Article 1 – Identity
Jollymex AG (BE0435545539)
Address: Lindestraat 18, 9240 Zele, Ostflandern, Belgien
Phone number: +32 (0)52 44 45 15
Email address: firstname.lastname@example.org
Article 2 – Applicability
These general terms and conditions apply to every offer made by Jollymex and to every distance contract that is realized between Jollymex and the consumer.
The text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Jollymex will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at Jollymex’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
Article 3 – The offer
The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. Jollymex is not bound by mistakes in the offer.
Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
- the price, including taxes;
- any costs of delivery;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and implementation of the contract;
- the period for accepting the offer or the period for which Jollymex guarantees the price;
- the way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
- the languages in which, in addition to Dutch, the contract can be concluded;
Article 4 – The contract
The contract will be concluded at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
If the consumer has accepted the offer electronically,Jollymex will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by Jollymex.
If the contract is concluded electronically, Jollymex will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, Jollymex will take suitable security measures. Jollymex may obtain information – within statutory frameworks – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives Jollymex proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
The customer has the right to change the project or cancel the order within 2 hours after the order had been issued. After 2 hours, the order cannot be modified, and will be sent to the customer, as stated in the order confirmation
Displayed colors may vary slightly from the original item. This includes products, text and packaging. Jollymex will nonetheless ensure a true representation of the products and/or services being offered.
Article 5 – Withdrawal
When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during fourteen days. This period commences on the day after the product was received by the consumer or a representative previous designated by the consumer and announced to Jollymex.
During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to Jollymex, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by Jollymex.
The consumer is obliged to return the product within 14 days to Jollymex. This period commences on the day the consumer makes known to make use of his right of withdrawal by the method specified by Jollymex.
The right of withdrawal only applies to products and/or services which do not comply with the provisions of Article 7.
Article 6 – Costs in case of withdrawal
If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
If the consumer has paid a sum, Jollymex will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.
Article 7 – Exclusion of the right of withdrawal
The right of withdrawal does not apply among other things to contracts for
the supply of goods made to the consumer’s specifications or clearly personalized.
Article 8 – Price
Jollymex reserves the right to change the price of the goods without notice.
Prices stated in offers of products or services include VAT.
Article 9 – Conformity and guarantee
Jollymex guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.
A guarantee arrangement offered by Jollymex, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against Jollymex.
In case of failure of (timely) fulfilment by Jollymex, the goods will be delivered again by Jollymex free of charge.
Jollymex’s guarantee does not apply to products and goods delivered by the consumer.
Article 10 – Supply and implementation
Jollymex will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.The place of delivery is deemed to be the address that the consumer makes known to the company.
Taking into consideration that which is stated in article 3 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 7 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 2 days after the payment has been received. In this case, the consumer has a right to dissolve the contract free of charge. In the case of dissolution, Jollymex will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
Jollymex cannot be held responsible for possible damage, nor will any liability be accepted by the company for late or wrong delivery.
Article 11 – Payment
As far as no other date has been agreed, sums payable by the consumer should be paid after placing the order. The order will be final after the order confirmation is sent to the consumer and upon receive of full payment.
The consumer reserves the right to report immediately to Jollymex any inaccuracies in payment data provided or stated.
In the event of non-payment on the part of the consumer, Jollymex has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
Article 12 – Complaints procedure
Complaints must be lodged within fourteen days from the receipt of goods,
in their entirety and clearly defined, after the consumer has discovered the defects.
A reply to complaints submitted to Jollymex will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then Jollymex will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
If the complaint cannot be resolved by mutual agreement not a dispute arises that is susceptible to the settlement of disputes.
Article 13 – Disputes
On agreements between the entrepreneur and the consumer to which these terms and conditions relate exclusively Belgian law applies.