General conditions
Seller
Jilko | Carambola BV
Horingstraat 28
9310 Meldert (Belgium)
Jilko Shop
Faluintjesstraat 79B
9310 Meldert (Belgium)
Phone: +32 (0)52 51 91 18
Email: info@jilko.be
Business number: BE 0568.648.444
Register of legal entities (RPR/RPM): Dendermonde
Bank account: BE36 7512 0927 1981 (BIC: AXABBE22)
Application
Every order applies as acceptance by the buyer of our general terms and conditions, which form an integral part of the agreement, to the exclusion of all other General or special conditions of the Buyer, unless expressly agreed otherwise, in writing. The Buyer’s General Terms and Conditions shall not apply.
In addition to these General Terms and Conditions, if indicated explicitly, specific conditions may apply to certain services and/or products. If there are differences between these specific terms and the General terms and conditions, the provisions as set out in the specific conditions shall apply in principle, rather than the General terms and conditions, unless specified otherwise. One or more of the stipulations in these General Terms and Conditions shall only be waived on condition of an explicit agreement and written proof, where the burden of proof shall be that of the invoking party exclusively. The other stipulations of these conditions shall remain in full force and effect in that case.
The Seller shall be entitled to change and/or supplement the General Terms and Conditions for future orders at any time.
By using the website or other electronic portal of the Seller and/or placing an order, the Buyer accepts these General Terms and Conditions as well as other rights and obligations as they are stated on the website.
Information and Agreements
The Seller takes the greatest care when posting information about the properties of the products online, and this includes the technical specifications that are based on data of its partners and suppliers, and with photos to illustrate the products, all this in so far as the technical means allows for this and in accordance with the best standards on the market. Certain characteristics of a product, like the colour, size, and other things can differ from the photos, as shown on the website, upon delivery.
A personalised quotation is valid for 2 weeks, unless a different period is stated in the quotation.
The dissolution of the contract can be pursued by the Seller in the event of non-observance by the Buyer of his essential obligations, in case of collective debt settlement, deferment of payment, seizure of the Buyer’s goods etcetera, as described below.
Supply
The Seller can only process the order depending on the available stocks.
The products are only supplied in the countries for which the website allows delivery. The indicated delivery periods are not binding, but are given purely as an indication. No delay in delivery may give rise to cancellation of the sale or payment of damages to benefit the Buyer. The Seller has the right to carry out partial deliveries.
Incorrectly stated delivery addresses are the responsibility of the Buyer and may give rise to additional costs for the Buyer.
Unless otherwise agreed, our prices do not include transport and delivery of the goods to the Buyer. The cost of transport and delivery are listed separately.
If there is no mention of an incorrect supply within 14 days of the supply, the Seller shall be entitled to charge the price of goods delivered to the Buyer.
The offers and quotations are non-binding for the Seller, unless they specify a time limit and validity option which is determined expressly by the Seller.
A quotation or offer shall expire if the product to which the quotation or the offer relates to, is no longer available.
Deviation from the foregoing shall only be allowed after express written prior agreement.
Retention of ownership
The supplied goods shall remain the property of the Seller until paid in full, including all costs and expenses, interest on late payment and compensation. In case of non-payment, the Seller reserves the right to legally take back the goods at the expense of the buyer.
For the transfer of ownership as referred to in the previous paragraph, the client shall not be entitled to pass the goods on for storage, to be changed or given away or sell the goods to third parties, or to impose ownership on this in any other way.
Risk
However, the risk in relation to the goods will immediately transfer at the time of the sale.
Complaints
In order to be admissible, complaints must reach us by registered mail within 14 days after delivery. Receipt of the goods by the Buyer covers any defect or non-conformity that could be established upon delivery.
This letter shall also contain an accurate description of the complaint. After that time, any claim of the Buyer in this regard shall expire, unless he can demonstrate that the defect was not known within 14 days. In this case, the buyer must report the complaint by registered mail within 8 days after the discovery of the defect, with a precise description of the complaint and the time when he became aware thereof.
In addition, the necessary should also be done within that week to confirm this defect without any doubt, within the shortest possible terms, and the expense shall be that of the Buyer. The Seller is committed to accept and to attend this assessment, provided that:
a. It has been notified in good time (at least 48 hours before the assessment) by mail, fax or registered mail.
b. A recognized court assessor shall be appointed.
The Buyer shall be obliged to follow through with this amicable dispute resolution before he/she can turn to a Court of law.
The Buyer shall not be entitled to return the products for which no motivated complaints exist. No complaint, under any title, shall entitle the Buyer to suspend or postpone the payment of the entire order amount, not even part of it.
The Seller shall not be obliged to pay compensation for direct or indirect damage, unless there is evil intent or gross negligence involved. The liability, for whatever reason, that can be laid at the expense of the Seller within the terms of the agreement in force between the parties, shall in any case be limited to compensation to the amount which is equal to a maximum of 50% of the goods and services required by the Buyer.
The Seller can not be held responsible for the quality of the supplied products. Therefore, if the obtained result of the use of the purchased goods does not comply with the result desired by the Buyer, this may not be blamed on the Seller.
The Buyer shall also indemnify the Seller in full against any and all claims, of whatever nature, relating to the services and goods supplied by the Seller.
Finally, the Buyer shall reimburse the Seller in full for any damage the Seller may suffer should the Buyer fail to respect his/her commitments, entered into under these terms and conditions.
All disputes are subject to the exclusive jurisdiction of the courts having jurisdiction for our registered office. Information about alternative dispute resolution can be found via this link: https://webgate.ec.europa.eu/odr/ although we reserve the right to refer disputes exclusively to the courts.
Warranty
Our warranty is limited to the warranty for hidden faults and the warranty in the case of consumer purchases, as stipulated in the Civil Code.
We may only be held liable for damage in the event of deliberate act or gross negligence. We are not liable for any indirect damages whatsoever which may have been incurred by the Buyer.
Right of withdrawal
Buyers have the right to withdraw from the contract within 14 days without penalty and without justification. The withdrawal period will expire 14 days from the day of delivery.
In the event the Buyer wishes to make recourse to this right, he/she is required to notify the company of his/her decision to withdraw from this contract by an unequivocal statement (e.g. in writing by mail or e-mail). The buyer may use the model withdrawal form (download here), but it is not obligatory. The right to withdraw does not apply to professional buyers.
In accordance with the Law of 30 December 2013, the Buyer may not exercise the right of withdrawal for the following goods:
- made to measure goods, goods made to your specifications
- goods that, by their nature, cannot be returned
- perishable goods
- newspapers, journals and magazines
- audio or video recordings or computer software, if you have opened the packaging
Sale and outlet items can not be returned.
The right of withdrawal is only valid if the items are returned within 10 days from the day on which the Buyer communicated his/her withdrawal from the contract to the company.
All returned goods must be returned unused, undamaged and in the original packaging accompanied by order number. If the sender of the returned items can not be identified, the return will be refused.
The Buyer is responsible for the direct cost of returning the goods. Jilko | Carambola will refund the returned goods within 14 days from the receipt of the returned goods, provided that all conditions as described above are complied with. The refund amount can will not exceed the actual amount paid by the Buyer. Used vouchers will be refunded and can be reused for a future purchase.
Force majeure
Unforeseeable circumstances or force majeure shall entitle the Seller to suspend the execution of the entire or a part of the contract, partially or in full, without any compensation. The Seller shall not be liable for a delay in the execution or for non-performance of our obligations due to events beyond our normal control, including war, mobilization, a state of siege, rebellion, unrest on public roads, blockages, quota system, partial or general strikes – of a social, political or other origin – legal or wild-card, lockout, epidemic, state of quarantine, bad weather – which may or may not be considered a national disaster -, fire, explosion, flood, destruction of machinery, in Belgium or abroad, which affects either ourselves or our suppliers, and this even if these events are foreseeable.
Prices and Payment
All prices are expressed in euros and include VAT and other taxes.
Special offers only apply as long as stocks last.
Prices exclude delivery charges, these are clearly stated to the Buyer separately.
By default, customers get a receipt. An invoice can be requested.
The Seller is entitled to change the prices at any stage. Orders are payable at our offices, on the due date, net without discount, unless stated otherwise on the receipt.
In order to be admissible, any complaint on the orders must be formulated in detailed and sent by registered mail within three days after receipt of the receipt and may suspend the payment, in accordance with Belgian law.
In the absence of payment on the due date, a standard delay interest of 10% per annum shall be payable on the outstanding balance, or the interest as is apparent from the provisions of article 5 of the Commercial Code if this is more.
In the absence of payment on the due date, the outstanding balance will automatically and without need of prior notice, be increased by 10% by way of a fixed compensation, with a minimum of € 100.00 plus the actual costs incurred in relation to the recovery of the debt, including the fees of the lawyers in accordance with the provisions of article 6 of the Commercial Code.
In case of cancellation of the order, the client shall be required to pay a fixed compensation of 30% on the contract price, increased by the value of that which was already carried out and/or owed to suppliers of the Seller at the time of cancellation.
The acceptance by Jilko | Carambola of payment, does not constitute any novation and shall have no effect on the conditions under which the debt is due and the above interest and fees.
If a credit card is chosen as a method of payment, the terms of the relevant card issuer shall apply. The Seller shall not be a party in the relationship between the Buyer and the card issuer.
Any late payment or performance of one of the essential obligations of the Buyer shall render the balance due of all the other orders, even those not due yet, immediately due and payable.
The Seller reserves the right to suspend the implementation of all these agreements with the buyer or to terminate them with immediate effect with each total or partial non-payment of an order on the due date, or any other breach by the Buyer on its commitments under the agreement, ipso jure and without notice, without the need for any judicial intervention and to immediately claim all amounts, even those not due yet, or to deliver only based on cash on delivery, despite any earlier agreements and without prejudice to any other right the seller may call on.
It the Seller does not immediately react to a shortcoming of the Buyer, this can under no circumstances be considered a waiver by the Seller in order to call on this shortcoming at a later stage.
Cancellation by the Buyer
The cancellation of this contract by the Buyer for whatever reason shall legally and without default notice, result in:
a. the immediate return of the delivered and not yet consumed goods, at the expense of the Buyer, while the Buyer shall enable us and allow us to have the goods collected immediately and grant us entry to any place where the goods may be located;
b. the obligation of the Buyer to reimburse us for any foreseeable or unforeseeable loss suffered by us for reasons of or as a result of the cancellation.
c. The dissolution of the contract can be pursued by us in the event of non compliance by the Buyer of his essential obligations, in case of bankruptcy, filing of an application for concordat, deferment of payment, seizure of our goods.
Personal information
By ordering via internet on a website of the Seller, the Buyer expressly allows the processing and use of his/her personal data for purposes such as the administration of the customer base, management of orders, deliveries and receipts, follow-up of solvency, marketing and advertising. Processing for marketing purposes and individualised advertising shall only take place if the customer has stated his express approval during the ordering process. The Seller shall not disclose the information to third parties. The Buyer has the right to access and correct all data. The buyer shall have the right to object to the processing for direct marketing purposes, free of charge, at all times. For more information, the Buyer is invited to inspect the public register kept by the Commission for the Protection of Privacy in Brussels.
Proof
All parties accept electronic proof within the framework of their relationships (for example: emails, backups, etc.).
Severability
If an article of these terms and conditions is declared invalid, this invalidity will not affect the validity of the other articles. In this case, the Parties shall ensure that the invalid clause be replaced by a valid clause which has the same effect within the legal constraints as the one that was declared void.
Applicable law
All agreements concluded with the Seller are subject to Belgian law. All disputes are the exclusive jurisdiction of the Belgian courts.