GENERAL TERMS OF SALES
DEFINITION OF PARTIES
Between the company Services JLM D ,
Bois 32 a, 7880 FLOBECQ
SPRL Capital of 18 600 €,
under the number 0827.562.923
represented by Mr. Danaux as manager, duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the “Seller” or the “Company”.
And the natural or legal person purchasing the products of the company,
Hereinafter, the “Buyer”, or “the Customer”
On the other hand,
The Seller is a publisher of products marketed through its website (https://shop.insectnetsolution.com).
The list and the description of the properties proposed by the Company can be consulted on the aforementioned site as well as its sales pages.
– Finished product: means any finished article that can not be personalized by the Customer
– Cut off product: means any article that needs to be cut in the lengths chosen by the Customer.
As such, the Seller requires a minimum of 20 meters and a maximum of 50 meters in length for his cutting strips 15 cm wide, a minimum of 10 meters and a maximum of 50 meters in length for his bands at the cut of 30 cm and 100 cm wide.
Article 1: OBJECT
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2 – GENERAL PROVISIONS
These General Conditions of Sale (GTS) apply to all sales of products made through the website of the Company and are an integral part of the contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website.
The applicable GTS then are those in force on the date of payment of the order. These General Terms and Conditions are available on the Company’s website at the following address: https://shop.insectnetsolution.com/general-terms-of-sale/
The Company also ensures that their acceptance is clear and unqualified at the time of purchase.
By ticking “I have read and I accept the general conditions” during the ordering process the Customer declares to have read all these General Conditions of Sale, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares to be able to legally contract under Belgian law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 – PRICE
The prices of products sold through the website are shown in euros excluding taxes and specifically determined on the product descriptions pages.
They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, excluding delivery charges which remain the responsibility of the user except special conditions.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities.
The Company reserves the right to modify its prices at any time for the future.
Article 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each product offered for sale by the Seller to fulfill his order.
However, the steps described below are systematic:
• Information on the essential characteristics of the Product, by consulting the “Instructions for Use” of the product available before purchase under the “Description” of the product and read the “Safety Data Sheet“, accessible from the main menu in “Certifications”;
• Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address …);
• Acceptance of these General Conditions of Sale.
• Verification of the elements of the order and, if necessary, correction of errors.
• Followed instructions for payment, and payment of products.
• Delivery of products. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a pdf copy of these general conditions of sale.
Delivery will be made to the address indicated by the Customer. For the purposes of order fulfillment, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5 – PRODUCTS
The essential characteristics of the goods and their respective prices are made available to the Buyer on the website of the Company. The Customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract.
The Seller agrees to honor the Customer’s order within the limits of available stocks only. Otherwise, the Seller informs the Customer.
This contractual information is presented in detail and in French and English.
In accordance with Belgian law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
The period of validity of the products’ offer and their prices are specified on the sales pages of the products, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products. Unless otherwise specified, the rights granted hereunder are granted only to the physical person signing the order (or the person holding the email address provided).
In accordance with the legal provisions, hereinafter defined in Article 11 “COMPLIANCE OF PRODUCTS”, the Seller refunds or exchanges defective products or products that do not correspond to the order.
Article 6 – PROPERTY RESERVE CLAUSE
Article 7 – DELIVERY
The products are delivered to the delivery address that was indicated during the order and the time indicated. This time does not take into account the time of preparation of the order. When the Customer orders several products at the same time, they may have different delivery times that are delivered in different ways.
The products ordered can only be delivered to an address located in the European Union, for any other delivery address please contact us via our form.
Delivery charges (variable according to the weight of the goods sent and the destination) are the responsibility of the Buyer and are added to the price of the ordered product.
For shipments to Belgium, two tariff offers are available for packages of 0.1 to 10 kg:
– a standard offer;
– an offer with insurance and signature at the reception.
From 10 kg, insurance and signature are included.
Shipping costs include packing, handling and postage.
The products are transported by the usual postal services or by carrier.
In accordance with the provisions of Article 3, all customs charges incurred or other local taxes or import duties or state taxes are the responsibility of the Customer.
All deliveries are made during office hours. Make sure you have a presence at the delivery address that has been communicated to us.
If you are absent during the presentation of your package, you will receive a notice giving you the address of the nearest post office where your package will be stored for 15 days. Beyond these 15 days, your package will be returned to JLM D Services. A second delivery may be arranged for payment of the costs incurred.
Unless otherwise specified, the delivery of the products takes place only during the 5 working days (no delivery will be carried out during the weekend). The Customer is informed that any order registered on the site on Friday will be processed only the following Monday.
Delivery takes place in:
• 2 to 5 business days for Belgium;
• 3 to 10 business days for the rest of Europe;
These deadlines are for informational purposes only and any delays, whatever the causes, importance and consequences, do not entitle the Buyer to cancel the sale, refuse the goods or claim damages.
To ensure their perfect condition and safety during transport, all products are carefully packaged. The user must check the packaging and products at the time of delivery.
An immediate report of any anomaly due to transport must be drawn up with the carrier or his agent, immediately on the transport document, or at most within 3 days (including holidays) delivery (postmark Faith ).
Copy of the report is sent to JLM D Services by email on email@example.com within the same time.
No claim will be accepted after this period.
7.1 Delay / absence of delivery
Bpost is a very reliable service. However, it may be, as in any shipment, that there may be a delay in delivery or the package goes astray. In the case of a delivery delay of more than 7 days from the expected delivery date, the Customer must contact shop.insectnetsolution.com via its online form which will send the information to the Bpost to trigger the opening of an investigation.
If the delivery time exceeds 30 days, the Customer may cancel the purchase.
Depending on the payment method chosen at the time of purchase, the refund will be made by transfer or on the same card used for the payment.
The Seller reminds that at the moment when the Customer hangs physically the products, the risk of loss or damage of the products is transferred to him.
Article 8 – AVAILABILITY AND PRESENTATION
In accordance with the provisions of Article 5, orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
Article 9 – PAYMENT
Payment is due immediately upon order. The Customer can make the payment in several ways:
• By manual transfer to our account
IBAN code: BE20 36318308 9156
BIC Code: BBRU BEBB
• By credit card
Secure online payment by credit card is made by our payment provider ING. The information transmitted is encrypted in the state of the art and can not be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after verification of the information.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved automatically and the order canceled.
Article 10 – RETURNS, WITHDRAWAL PERIOD
In accordance with article art. VI.47 to VI.53 CRC of the Consumer Code, “the consumer has a period of 14 clear days to exercise his right of withdrawal without having to justify any reasons or to pay penalties, with the exception of where appropriate, return costs “. This period runs from the receipt of his order for any finished product (see definition in Preamble).
The right of withdrawal can be exercised by contacting the Company by email. In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased product (s) and shipping costs will be refunded, the return costs will be borne by the Customer. Returns of products are to be made in their original condition and complete (packaging, accessories, instructions …) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
It is however specified that, in accordance with the article Art. VI. 73. of the Belgium Consumer Code, clearly personalized products are EXCLUDED from this right of withdrawal.
These products are:
– Cut Products: designating any item that needs to be cut according to the length chosen by the Customer.
NO RETRACT PERIOD IS PERMITTED FOR THESE PRODUCTS WHICH ARE CLEARLY CUSTOMIZED.
Article 11 – COMPLIANCE OF PRODUCTS
The Company undertakes to deliver products that comply with the specifications of the order in terms of measures and quality of the net and in compliance with the provisions in force.
In case of default, contact us via the email address firstname.lastname@example.org to review the alternatives.
The product does not constitute a defect of conformity as a result of non-compliance with the instructions for use listed in the Product Information Sheet available prior to purchase under the “Description” of the product.
For the purposes of the first paragraph of Article 1604, the consumer goods delivered by the seller to the consumer shall be deemed to comply with the contract only if:
(1) it corresponds to the description given by the seller and possesses the qualities of the good that the seller presented in the form of a sample or a model to the consumer;
2 ° it is fit for any special purpose sought by the consumer, which he has brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted;
(3) it is proper to the uses for which property of the same type is usually used;
(4) it sets out the standard quality and services of a property of the same type to which the consumer can reasonably expect, having regard to the nature of the property and, where applicable, taking into account the public declarations made on the specific characteristics of the property. by the seller, the producer or his representative, particularly in advertising or labeling.
2. The seller is not bound by public declarations referred to in § 1, 4 °, if he demonstrates:
– that he did not know the statement in question and was not reasonably in a position to know it
– the statement in question had been rectified at the time of the conclusion of the contract, or
– that the decision to buy the consumer goods could not be influenced by the declaration.
3. The lack of conformity is deemed not to exist within the meaning of this article if, at the time of the conclusion of the contract, the consumer knew of this defect or could not reasonably ignore it, or if the lack of conformity with its origin in the materials provided by the consumer.
4. Any lack of conformity resulting from the incorrect installation of the consumer good is considered to be the lack of conformity of the goods when the installation is part of the contract of sale of the goods and has been carried out by the seller or under his responsibility.
The same is true when the good, intended for installation by the consumer, is installed by him and that the faulty assembly is due to an error in the assembly instructions.
1. The seller answers towards the consumer of any lack of conformity which exists at the time of the delivery of the good and which appears within two years as from this one. The two-year period provided for in paragraph 1 shall be suspended for the time necessary for the repair or replacement of the goods, or in the case of negotiations between the seller and the consumer for the purpose of reaching an amicable agreement. By way of derogation from paragraph 1, the seller and the consumer may, for second-hand goods, agree on a period of less than two years without this period being less than one year.
2. The seller and the consumer may agree on a period during which the consumer is required to inform the seller of the existence of the lack of conformity, without this period being less than two months from the day on which the consumer has found the fault.
3. The action of the consumer is prescribed within a period of one year from the day he found the lack of conformity, without this period expiring before the end of the period of two years, provided for in § 1.
4. Unless proved otherwise, the lack of conformity which appears within a period of six months from the delivery of the goods is presumed to exist at the time of issue, except where this presumption is not compatible with the nature of the goods or the nature of the lack of conformity, taking into account, in particular, the new or used nature of the goods.
5. The provisions of this chapter relating to the guarantee of hidden defects of the thing sold are applicable after the period of two years provided for in § 1.
1. In addition to damages and interest where applicable, the consumer has the right to demand from the seller who is answerable of a lack of conformity pursuant to Article 1649quater, the repair of the property or its replacement, under the conditions provided in § 2, an adequate reduction of the price or the termination of the contract, under the conditions provided for in § 3.
However, account shall be taken, where appropriate, of the aggravation of the damage resulting from the use of the goods by the consumer after the moment when he found the lack of conformity or should have noticed it.
2. The consumer has the right, as a first step, to require the seller to repair or replace the goods, in both cases without charge, unless this is impossible or disproportionate. Any repairs or replacements must be made within a reasonable time and without major inconvenience to the consumer, taking into account the nature of the goods and the use sought by the consumer.
The expenses referred to in the preceding paragraph are the necessary expenses incurred for the putting of the goods in a compliant state, in particular the expenses of sending the good and the expenses associated with the work and the material.
For the purposes of paragraph 1, a method of compensation is considered to be disproportionate if it imposes on the seller costs which, in relation to the other method, are unreasonable having regard to:
– the value that the property would have if there were no lack of conformity;
– the importance of the lack of conformity;
– the question of whether the other method of compensation can be implemented without major inconvenience to the consumer.
3. The consumer has the right to demand from the seller an adequate reduction of the price or the termination of the contract:
– he is not entitled to repair or replacement of the goods, or
– if the seller has not carried out the repair or replacement within a reasonable time or without major inconvenience to the consumer.
By way of derogation from paragraph 1, the consumer does not have the right to demand the cancellation of the contract if the lack of conformity is minor.
For the purposes of paragraph 1, any refund to the consumer is reduced to take into account the use that the consumer has had of the goods since delivery.
Art. 1649sexies. When the seller responds to the consumer of a lack of conformity, he may exercise, against the producer or any contractual intermediary in the transmission of the property of the consumer good, a recourse based on the responsibility contract to which the producer or intermediary is liable in relation to the goods, without being able to object to a contractual clause which has the effect of limiting or excluding that liability.
Article 12 – CLAIMS
If necessary, the Buyer may submit any complaint by contacting the company by email or by simple letter.
Article 13 – INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, images, texts or more generally any information object of intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is carried out through these GTS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14 – FORCE MAJEURE
JLM D Services Company has, for all stages of access to the site, the process of ordering, delivery or subsequent services, an obligation of means.
The Company’s responsibility can not be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in the service, external intrusion or the presence of computer viruses, or a fact of force majeure, in accordance with jurisprudence.
In addition, JLM D Services releases its responsibility for any breach of its contractual obligations in the event of force majeure or fortuitous, including without this list is exhaustive, strike, fire, disaster, breakdown and in general all event that does not allow the proper execution of orders.
Article 15 – NULLITY AND AMENDMENT OF THE CONTRACT
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 16 – GDPR AND PROTECTION OF PERSONAL DATA
By adhering to these general conditions of sale, you agree that we collect and use this data for the performance of this contract.
Article 17 – APPLICABLE LAW
All the clauses contained in these general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the Belgian right.
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