Article 1 – JOURNUIT identity
JOURNUIT is active in the manufacture and retail sale of furniture and related articles
Article 2 – Applicability
These general conditions of sale are applicable to all orders and purchases that are made through the online Journuit shop available at of 1 September 2016 and operated by the BVBA Journuit, established in Antwerpen (hereafter referred to as ‘JOURNUIT’). These general sale conditions will at all times take precedence over any general or particular conditions of the customer.
JOURNUIT makes the text of these general sale conditions available to the customer in an electronic manner such that this can be stored easily by the customer on a durable medium. The general sale conditions are available in .pdf format (Portable Document Format) through this link and can be consulted via the footer on the JOURNUIT website.
Article 3 – The Offer
If an Offer has a limited duration or is subject to conditions, this will be explicitly stated in the Offering.
The Offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to allow a proper assessment of the Offer by the Consumer. If JOURNUIT uses images, these are a true reflection of the Products on offer.
The customer is well aware that electronic images can differ from reality.
Obvious mistakes or obvious errors in the JOURNUIT Offering are not binding. This means JOURNUIT will not be obliged to implement an Agreement in which Products were offered at an obviously low price by mistake or due to a technical error.
Each offer contains such information that it is clear to the customer what the rights and obligations are that are associated with the acceptance of the offer:
The way in which the agreement will be made and which actions are needed to achieve this;
The period of time allowed for acceptance of the offer, or the period of time for which the company will guarantee the price;
Whether the agreement will be archived after the completion, and if so in which way this can be consulted by the customer;
The way in which the customer can check, and if needed amend, details provided by him in relation to the agreement before the agreement has been reached. The amendment and cancellation of made to measure orders or orders for perishable goods or goods which expire rapidly are possible until the moment that payment is made. Other products may be cancelled up to 14 days after receipt.
Article 4 – The Agreement
The agreement is concluded at the time of customer acceptance of the offer and meets the corresponding conditions. The payment of the due amount is regarded as acceptance of the offer.
If the customer has accepted the offer electronically, the company will immediately acknowledge receipt of acceptance of the offer by electronic means. Until receipt of this acceptance has been confirmed by the company, the customer may terminate the agreement.
JOURNUIT will take appropriate technical and organisational measures to protect the electronic transfer of data and creates a secure web environment. If the customer can pay electronically, this happens in an environment with adequate safety measurements.
Article 5 – Right of withdrawal
The customer only has the Right of withdrawal of art. VI.47 WER to the extent that no exceptions apply as provided for in art. VI.53 WER.
To cancel your order at no cost other than the statutory fee, you have a period of 14 calendar days counting from the day following the day on which you or a third party designated by you, take physical possession of the product.
Article 6 – Exclusion of the Right of withdrawal
JOURNUIT focuses, among other things, on the sale of personalised products.
Personalised products are not prefabricated and are manufactured based on multiple individual choices and decisions made by the customer. In the execution of the Agreement, a unique product is crafted, taking into account the material, colour and dimensions chosen by the customer. Personalised products are clearly designed for a specific customer, given their unique nature. As a result, Personalised products are excluded from the Right of withdrawal.
For every Personalised product, “according to specifications (no right of withdrawal)” will be stated during the order process. This statement will be repeated in the Confirmation.
The Right of withdrawal is also excluded from services, after implementation of the service, but only if: the performance has begun with the explicit prior consent of the customer, and the customer has declared that he will lose his right of withdrawal once JOURNUIT has conducted the entire Agreement;
Article 7 – Exercising the Right of withdrawal
Before the end of the Cooling-off period specified in art. VI.47 W.E.R. and in art. 6 of these terms and conditions, the customer will handle the Product and its packaging carefully. He will only unpack or use the Product to the extent necessary to establish the nature, characteristics and functioning of the Product. The customer will only examine the Product as he would in a store.
If the customer proceeds to the assembly and/or installation of the product (gives the order to do so) then the customer waives the right of withdrawal. Assembly or installation are explicitly excluded by the parties from the rights of examination as described in the previous section.
The customer is liable for the loss of value of the Product which is due to his way of dealing with the Product beyond what is permitted in the preceding paragraph. This value can be deducted from the refund.
If the customer exercises his Right of withdrawal, he shall notify JOURNUIT within the Cooling-off period through the Standard form or another unambiguous manner.
After receiving such notice of withdrawal, JOURNUIT will send as soon as possible a confirmation of receipt, with instructions for the return of the Product.
As soon as possible but within 14 days from the day following the invocation of the Right of withdrawal, the Consumer shall send back the Product, unless the parties agree otherwise. The Product is returned with all accessories in original condition and packaging, and in accordance with the reasonable and clear instructions provided by JOURNUIT.
The risk and the burden of proof for the correct and timely exercise of the Right of withdrawal lie with the customer.
JOURNUIT refunds the amount paid by the customer for the Products - minus the return costs and any losses - and this within a reasonable time in which JOURNUIT is able to examine the returned goods. The customer bears the cost of returning the Product.
Article 8 – The warranty provided by JOURNUIT for its Products
JOURNUIT is only liable for any lack of conformity which exists at the time of delivery of goods and which manifests itself within a period of three (3) years from the aforementioned delivery.
A Product is considered to be in conformity with the Agreement if:
- It complies with the description given by JOURNUIT and has the properties of the Products JOURNUIT showed the customer as a sample or model;
- It is suitable for any particular requirement communicated by the customer to JOURNUIT at the time of making the Agreement and that JOURNUIT has accepted;
- It is suitable for the use to which Products of the same type are normally used;
- It offers the quality and performance that is normally produced by Products of the same type and which the customer can reasonably expect, given the nature of the Product and of the possible public statements made by JOURNUIT on its specific characteristics, namely through advertising and labelling.
The customer must notify any lack of conformity within a period of two (2) months after its discovery in writing to JOURNUIT. In the absence of such notification of the defect within two (2) months after its discovery, the customer loses his right to bring an action against JOURNUIT for failure to conform.
JOURNUIT is responsible for hidden defects and manufacturing faults related to the purchased Products that manifest themselves within a period of three (3) years from the date of purchase. If a defect occurs during this period, JOURNUIT will replace or repair the product, according to the preference of the customer. This warranty is valid only with respect to products purchased in Belgium. This warranty does not affect the right of the client to invoke the legal guarantee as stipulated in article 1649ter BW. JOURNUIT notes explicitly that colours of upholstery fabrics may undergo some evolution.
JOURNUIT is not liable in any way if damage is caused that is not only due to a defect in the product, but also by the fault or negligence of the customer or a person for whom the customer is responsible. Failure to comply with the operating and cleaning instructions is in any case considered an error. The customer declares to have received the use and cleaning instructions.
JOURNUIT is not responsible for cases of force majeure, i.e. situations that make it very difficult for JOURNUIT (or result in high costs) to carry out the obligations under this agreement. These include among others include: natural disasters, riots, war and military operations, national or local emergencies, acts or omissions by the government, economic disputes of any kind of industrial action, fire, telecommunication failures, "bugs" in third-party software, flooding, lightning, explosions, collapses, as well as any act or omission of a person or entity that is beyond the reasonable control of our power.
Any refund to the customer will be reduced to the extent of the reduction in value of the Product (due to use, assembly or installation) since its delivery.
The parties may, however, after the adoption of the non-agreement, make agreements regarding any form of remedy.
Article 9 – Delivery and execution
JOURNUIT commits to delivering the goods to the customer as they existed at the time of the conclusion of the sale.
The delivery address is the address that the customer has supplied at the time of the Acceptance. This address is repeated in the Confirmation.
The delivery method depends on the size of the Product(s). JOURNUIT autonomously decides which delivery method is suitable for the Product.
The risk of damages and loss of Products remains with JOURNUIT until delivery to the customer.
Unless parties have expressly agreed another time for delivery, JOURNUIT will deliver the Product(s) as quickly as possible, and in any event no later than 8 weeks after the conclusion of the Agreement.
In the event that JOURNUIT may have failed to fulfil its obligation to deliver the Products on the above-mentioned date, the customer can ask JOURNUIT to make the delivery within an additional period of 30 days. If JOURNUIT does not deliver the Products within the additional period, the customer has the right to terminate the Agreement.
The delivery term will only be accepted as essential if it is expressly stated in the Agreement. In that event, the customer can terminate the Agreement when the delivery term is exceeded.
In the event of non-fulfilment or termination of the Agreement, JOURNUIT will immediately refund all money paid by the customer in relation to the Agreement.
JOURNUIT retains the ownership of the Products until the moment they have been completely paid for by the customer.
The customer may not refuse delivery after the Cooling-off period has passed.
The delivery commitment of JOURNUIT is legally and automatically suspended until the customer has met his payment obligations. The cost for a second and subsequent offering shall be borne by the customer.
Article 10 – Price and payment
The total price is stated in the Agreement and includes VAT. The Agreement provides unambiguous whether additional costs apply, such as delivery charges. The total price is shown at the end of the Ordering process before the customer commits to a payment obligation in his Acceptance. The customer can only proceed with the Order process by clicking the "Pay now" - button.
Delivery costs are dependent on the delivery method, the Product and the place of delivery. The customer can find this information on a separate web page and during the Ordering process.
Payment can only be made via the payment methods offered by JOURNUIT during the Order process and agreed therein. JOURNUIT retains the right to refuse certain payment methods.
In the event that delivery requires the use of particular equipment (such as a crane or a forklift truck), the services of a specialist company will be required. These costs will be borne by the customer.
No delivery can take place before payment of the integral price of the Agreement by the customer.
In the event of non-payment, delivery will be delayed by JOURNUIT until the full payment has been received, including any additional delivery cost.
The customer and JOURNUIT will notify each other immediately of any errors in payment methods stated or provided.
Overdue amounts will incur interest at the legal rate on the unpaid amount legally and without notice of default.
Article 11 – Breach of contract or failure by the consumer
In the event that either party fails to fulfil one of its key commitments, such as timely payment or late delivery, the other party has the right to terminate the Agreement without judicial authorization and without prior notice. In this case, the defaulting party owes the other party a fixed compensation amounting to 10% of the value of the goods ordered, subject to the right of the creditor to claim higher compensation provided proof of higher actual damage can be supplied.
Article 12 – Complaints
The Consumer can make a complaint through the website or the relevant email address (firstname.lastname@example.org).
Complaints about the execution of the Agreement must be supplied to JOURNUIT within a reasonable period, completely and clearly stated. Complaints about the services provided by JOURNUIT must be supplied in a short period of time.
Complaints will be dealt with in a short period of time. JOURNUIT will notify the customer in the event that it cannot deal with the complaint within a reasonable period of time, and will explain the reason why.
The European Commission provides an online dispute resolution system for online sales. If the customer would like more information about this method, JOURNUIT advises him to consult this website. The customer can also consult the website www.belmed.fgov.be and www.consumentenombudsdienst.be for more information about his rights and obligations.
Article 13 – Courts and the law
Any dispute arising out of or relating to the conclusion, validity, interpretation or execution of this Agreement or related to contractual terms and conditions shall be governed by Belgian law.
Any dispute falls under the jurisdiction of the courts of the domicile of the consumer, or at the choice of the consumer if it itself is initiating a claim, the courts of the registered office of JOURNUIT.
Article 14 – Intellectual properties
The names and logos and all related names, trademarks and slogans are trademarks or trade names of JOURNUIT or JOURNUIT licensors.
JOURNUIT is the owner or license holder of all intellectual property rights in the website and the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
The customer may not make any change in the paper or digital copies of materials they have printed or downloaded in any way, and must not use any illustrations, photographs, video or audio or graphics separately from any accompanying text.
The customer may not use any part of the materials on the website for commercial purposes without obtaining a license to do so from JOURNUIT or its licensors.
Article 15 – Use of website and availability of material
Although JOURNUIT attempts to make the site available 24 hours per day, it cannot be held liable if the site is not available for a certain period regardless of the reason for this.
JOURNUIT does not guarantee that your access to the website will be uninterrupted, timely or without error. Due to the nature of the internet, this cannot be guaranteed. In addition, JOURNUIT may sometimes need to carry out repairs, maintenance or introduce new possibilities and functions.
Although JOURNUIT strives to ensure that the information and materials on the website are accurate, there is no warranty or representation, express or implied, that they are complete, accurate, up-to-date, or fit for purpose and, to the extent permitted by law, JOURNUIT accepts no liability for any errors or omissions. This is without prejudice to the obligations JOURNUIT may have under a contract that we have with the customer for the provision to the customer of services, including the obligation JOURNUIT has under that contract to provide the customer with accurate information and advice, which JOURNUIT can comply with via a secure part of the website accessible to people who use the correct password.
JOURNUIT does not guarantee that the website will be compatible with all hardware and software that the customer can use. JOURNUIT is not liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of the access of the client to the website or the obtaining of material, or as a result of the use of the website. JOURNUIT is also not liable for the actions of third parties.
The material on the Site is only intended for informative purposes and shall not lead to any commitment or obligations to us. All information on the website will be excluded from any offer or contract.
STANDARD FORM FOR WITHDRAWAL
(ONLY fill in and send this form if you wish to withdraw from the Agreement)
- I/We (*) herewith notify you that I/we (*) wish to revoke our Agreement regarding the purchase of the following Products / supply of the following services (*)
- Ordered on (*)/Received on (*)
- Name(s) Consumer(s)
- Address Consumer(s)
- Signature of Consumer(s) (only when this form is presented in paper format)
(*) Delete as appropriate.