General Conditions - B2C

General terms and conditions of Sale - B2C

1. Applicability
1.1. The legal relationship between JSP GROUP INTL BV, with its registered office at 2250 Olen, Geelseweg 80, registered in the Register of Legal Persons (RPR) of Antwerp, Turnhout Division, company number 0432.051.757 - VAT BE0432.051.757 and anyone wishing to make a purchase via the Website hereinafter referred to as ( the Buyer ) shall be governed exclusively by these General Terms and Conditions of Sale. Any other conditions or versions of these Terms and Conditions of Sale shall only apply if approved in writing by JSP GROUP INTL BV.

1.2. If you have any questions or complaints about the aforementioned website promodels.be (http://www.promodels.be - the Website ), the products offered on the Website or these General Terms and Conditions of Sale, please contact JSP GROUP INTL BV : 
 - by sending a letter to the following address (also the address of the physical location of the webshop): Promodels.be - Attn: JSP GROUP INTL BV, Geelseweg 80, 2250 Olen, Belgium;
 - by sending an e-mail to: info@promodels.be;
 - by calling the following number: +32 14 25 92 83

1.3. Further specific conditions can be found in article 2 of the General Terms and Conditions of Sale.

1.4. By placing an order on the Website, the Buyer explicitly confirms that he has read, approved and accepted these General Terms and Conditions of Sale. For this purpose, the Buyer ticks the appropriate box: I have read and accepted the General Terms and Conditions of Sale .

1.5. JSP GROUP INTL BV reserves the right to amend these General Terms and Conditions of Sale where necessary. If the Buyer wishes to order products from JSP GROUP INTL BV's websites, the Buyer should read these terms and conditions to ensure that he or she understands the General Terms and Conditions of Sale that apply when the Buyer enters into an agreement with JSP GROUP INTL BV.

2. Articles, ordering and conclusion of the contract
2.1. JSP GROUP INTL BV offers via its Website the opportunity to purchase the Products offered there. The purpose of these General Terms and Conditions of Sale is to determine the terms of the transaction via the Website between JSP GROUP INTL BV and the Buyer - including with regard to ordering, payment, delivery and cancellation. 

2.2. Unless otherwise stated in writing, offers on the Website are for information purposes only. These offers are therefore without obligation. Furthermore, the offers are valid as long as stocks last.

2.3. The Buyer may order individual Products, in the desired quantities, from JSP GROUP INTL BV's offer by selecting the desired Products and may view the selected Products via the Add to basket button.

2.4. Subsequently, the Buyer will get an overview of the contents of his/her electronic shopping cart and the Buyer can complete the order by clicking on the Go to Checkout button. Thereafter, the Buyer must enter all required Address information and confirm the accuracy of this information by clicking on the Next button. Thereafter, the Buyer must select the Payment Method and confirm it by clicking the Next button.

2.5. Finally, the Buyer receives an Overview of the data, the selected payment method and the order amount. If everything is correct, the Buyer can place the order by clicking on the Place Order & Pay button. After payment, an order confirmation is sent to the Buyer's e-mail address.

2.6. Every order placed shall be binding on the Buyer in its entirety, but JSP GROUP INTL BV shall only be bound once an order confirmation has been sent by e-mail. We advise you to print out and keep this e-mail. JSP GROUP INTL BV reserves the right to refuse any order. An order is considered processed and approved by JSP GROUP INTL BVBA when the Buyer receives an e-mail confirmation from JSP GROUP INTL BV. Once the e-mail is sent, an agreement ( Agreement ) is concluded between JSP GROUP INTL BV and the Buyer.

2.7. Any or alleged inaccuracies in this order confirmation must be reported in writing by the Buyer to the following address within 8 days of the date of dispatch of this order confirmation, on pain of cancellation: JSP GROUP INTL BV, Geelseweg 80, 2250 Olen, Belgium.

2.8. If JSP GROUP INTL BV is unable to deliver an ordered product to the Buyer, e.g. because the product is no longer available or because there is an error in the display of the price as stipulated in Article 5.6 of the General Terms and Conditions of Sale, JSP GROUP INTL BV will notify the Buyer as soon as possible by e-mail and JSP GROUP INTL BV will not process the Buyer's order. JSP GROUP INTL BV also reserves the right, if an ordered Product is no longer in stock, to provide the Buyer with a replacement product of equal quality and price.

In the event the Buyer has already paid for the Products, JSP GROUP INTL BV will refund this amount to the Buyer as soon as possible using the same means of payment the Buyer used when placing the order.

3. Cancellation
3.1. The Buyer has the right to notify JSP GROUP INTL BV that he or she cancels the purchase, without payment of a penalty and without stating a reason, within fourteen (14) calendar days from the day following delivery of the goods or conclusion of the service agreement.

3.2. The Buyer must notify JSP GROUP INTL BVBA by e-mail that he or she wishes to return the products, stating the relevant order number, the products and the amount. 
 In return, the Buyer will receive an e-mail containing an indication of when JSP GROUP INTL BV's courier will pick up the products or at which distribution point the Buyer expects the Product(s) to be delivered. A refund will be issued after the Products have been received and checked at JSP GROUP INTL BV. The Buyer shall bear all direct costs resulting from such a return.

3.3. The Buyer may not invoke the right of withdrawal if:
 - the products delivered have been custom-made or provided in accordance with the Buyer's instructions and wishes;
 - the delivered products are of a personal nature;
 - the delivered products may perish or undergo an ageing process;
 - the delivered products and that are incomplete, damaged, soiled or significantly used by the Buyer.

3.4. In the event of excessive returns of orders by the Buyer, JSP GROUP INTL BV reserves the right to refuse future orders, also in accordance with Article 2.6 of the General Terms and Conditions of Sale.

4. Price and payment
4.1. The price of the products is shown in euros (EUR) and includes VAT. Shipping costs are not included unless otherwise indicated. The prices are the effective prices on the day of the offer on the Website.

4.2. JSP GROUP INTL BV makes every effort to ensure that payments via the Website are made as efficiently and securely as possible. To this end, JSP GROUP INTL BV relies on Mollie's safe and reliable payment environment. More information about Mollie can be found at www.mollie.com.

4.3. The Buyer pays the price when placing his or her order. The Buyer meets his or her payment obligation by using the payment method offered.

JSP GROUP INTL BV shall not charge management or collection fees for the payment of orders, unless expressly stated otherwise.

4.4. Payment in full must be made upon placing the order. Shipment by JSP GROUP INTL BV shall not take place until JSP GROUP INTL BV has received payment in full.

4.5. In the event of non-payment, late payment or any other form of default, the amounts owed to JSP GROUP INTL BV shall become due and payable ipso jure, in accordance with the Unpaid Invoices Act of 1 September 2023.

After the expiry of the period of 14 days from the first payment reminder, a default interest of 7% of the original amount due and a fixed compensation of:

- A maximum of 20 euros for amounts up to 150 euros.
 - 30 euros plus 10% of the amount from 150.01 euros and 500 euros. 
 - 65 euros plus 5% of the amount above 500 euros, with a maximum of 2000 euros.

4.6. JSP GROUP INTL BV takes all reasonable precautions to ensure that the prices of products are displayed correctly when entered into the system. However, the Website contains a large number of products and it cannot be ruled out that, despite JSP GROUP INTL BV's reasonable efforts, some products on the Website may have an incorrect price. JSP GROUP INTL BV cannot be held liable for incorrect price indications, changed properties, colour differences and/or differences compared to the images on this Website.

5. Delivery
5.1. JSP GROUP INTL BV shall do what is necessary to ensure that Products ordered are packaged carefully and neutrally so as to guarantee the Buyer's privacy as far as possible.
 You can consult the shipping costs in the shipping costs section. Here you can consult the costs for shipping to your country. All delivery information is shared with the Buyer at the conclusion of his or her order. If the Buyer has any questions, of any kind, regarding the delivery of the Products ordered, please contact the address mentioned above.

5.2. Ordered Products can always be collected from our warehouses at 2250 Olen, Geelseweg 80, Belgium and this without shipping costs. 

5.3. Should the Buyer opt for delivery of the ordered products, these will be delivered as soon as possible and JSP GROUP INTL BV will make every reasonable effort to deliver within a period of two (2) days after receipt of the e-mail. -email confirmation in accordance with article 2.6 of these General Terms and Conditions of Sale, unless agreed otherwise. JSP GROUP INTL BV shall not be obliged to deliver until full payment for the order has been received. If it is not possible for JSP GROUP INTL BV to deliver the products within the stated period or quantities, JSP GROUP INTL BV will notify the Buyer in writing.

5.4. Delays in the delivery of Products shall in no way constitute grounds for cancelling an order and/or rescinding the Agreement by operation of law, nor for paying damages of any kind.

5.5. The Buyer is obliged to accept delivery of the Products delivered by JSP GROUP INTL BV at the agreed time and place and must sign the delivery note for receipt. JSP GROUP INTL BV shall not deliver Products beyond the ground floor of the Buyer's building.

5.6. If no one is present at the Buyer's address to accept delivery, a notice of missed delivery will be left, after which the Buyer may collect the ordered Products from the indicated collection office, or contact one of JSP GROUP INTL BV's shipping partners to make a new delivery appointment, or be informed where the ordered Products can be collected.

5.7. Visible breakage to the outer packaging or other possible problems relating to the delivery must be noted on the delivery note or reported in writing by registered letter to JSP GROUP INTL BV within a period of thirty (30) calendar days, including a detailed description of the breakage. as well as the preference for a refund or exchange. The Product in question must also be returned to JSP GROUP INTL BV within this period of thirty (30) calendar days. Notwithstanding the foregoing, the Buyer's use of the Products delivered constitutes irrevocable acceptance, without prejudice to the provisions of Article 3 of these General Terms and Conditions of Sale.

5.8. The risk of loss and damage to the Products, as well as the ownership of the Products, shall pass to the Buyer upon leaving our warehouses.

6. Intellectual property
The Buyer acknowledges that JSP GROUP INTL BV, one of its affiliated companies or any third party involved in the production or delivery of the Products remains the exclusive owner of all intellectual property rights relating to all parts of its Website, production and order process, chemical composition and technical specifications of the Products. In addition, JSP GROUP INTL BV, one of its affiliated companies or a third party involved in the production or delivery of the Products is the exclusive owner of the name, brand and logo under which the Products are sold. The Buyer cannot claim the aforementioned intellectual rights.

Where reference is made on JSP GROUP INTL BV's website to a brand name, model name, type designation and/or product name of a third party or manufacturer, this is done solely with the intention of informing the Buyer of the compatibility or suitability of this product with existing products on the market or within JSP GROUP INTL BV's product range. JSP GROUP INTL BV in no way claims to be the holder, owner or representative of these brand names, model names and/or product names. These brand names, model names and/or product names are always the property of the companies concerned.

7. Warranties and liability
7.1. JSP GROUP INTL BV's liability and warranties are limited to those permitted by Belgian law. Any liability of JSP GROUP INTL BV is in any case limited to the amount of the Products ordered and paid for by the Buyer.

7.2. JSP GROUP INTL BV guarantees reasonable delivery of the Products as described on the Website at the time the purchase agreement is concluded. Under no circumstances does JSP GROUP INTL BV guarantee the achievement of any particular (medical) result, nor does JSP GROUP INTL BV give any warranty as to the usefulness and/or quality of the Products ordered as described by third parties (manufacturers, suppliers etc.) in, for example, pamphlets, photographic material or product information.

7.3. JSP GROUP INTL BV cannot at any time be held liable for the pamphlets, photographic material, product information or other information provided by JSP GROUP INTL BV on the Website, as it has not designed or developed this information itself. This information serves purely informative and illustrative purposes to which the Buyer cannot attach any scientific or legal value. See also article 2 of the Website's General Terms and Conditions of Sale.

7.4. Furthermore, JSP GROUP INTL BV shall not be liable to the Buyer if:
 - the Buyer has not used the Products in accordance with their intended purpose;
 - the Product in question is modified, altered or repaired (including by the manufacturer);
 - the Product in question is deliberately or negligently damaged by the Buyer;
 - the Product shows breakage resulting from normal wear and tear or from expiry of the expiry date.

7.5. The limitations on liability in Clauses 7.3 and 7.4 shall not apply in the event of fraud, fraud or gross negligence on the part of JSP GROUP INTL BV.

7.6. JSP GROUP INTL BV is not liable for technical problems affecting the communication of information via the Website. JSP GROUP INTL BV is not liable to the Buyer for any changes, breakage, defect or termination of the Website. Nor is JSP GROUP INTL BV liable for websites to which its Website links.

8. Personal details
JSP GROUP INTL BV stores the Buyer's personal data in accordance with the law of 8 December 1992 on the protection of privacy and the law in force since 25 May 2018 governing privacy in Europe, the General Data Protection Regulation (AVG) and the Privacy Statement of JSP GROUP INTL BV .

9. Force majeure
9.1. Neither JSP GROUP INTL BV nor the Buyer shall be liable for any delay or failure to perform the agreement if it is the result of force majeure. Force majeure includes, without this being an exhaustive list: government order, mobilisation, war, epidemic, lockout, strike, demonstration, technical defects in the transmission of communications, fire, flood, explosion, lack of raw material workforce, changed global economic conditions, vandalism, exceptional weather conditions and all circumstances beyond JSP GROUP INTL BV's control which disrupt the normal course of business, without JSP GROUP INTL BV having to prove the unexpected nature of these circumstances .

9.2. The party claiming force majeure shall notify the other party and take all reasonable measures to overcome the temporary force majeure situation.

9.3. If the force majeure situation lasts for more than ninety (90) days, each party shall have the right to terminate this agreement without being liable to pay any form of compensation to the other party.

10. Transfer
10.1. JSP GROUP INTL BV may assign the agreement, in whole or in part, to any person, firm or company.

10.2. The Buyer is not entitled to assign the agreement or any part thereof without the prior written consent of JSP GROUP INTL BV.

11. Other
11.1. Any disruption or delay by JSP GROUP INTL BV in enforcing - or partially enforcing - any provision of the Agreement shall not be deemed a waiver of its rights under the Agreement, now or in the future.

11.2. If at any time any provision of these General Terms and Conditions of Sale should or shall be found to be illegal, invalid or unenforceable in any way under applicable law, this shall not affect or impair the legality, validity or enforceability of the remaining provisions of these General Terms and Conditions of Sale and shall not affect or impair the Agreement in any way. JSP GROUP INTL BV and the Buyer shall make all reasonable efforts and take all necessary measures to replace any unlawful, invalid or unenforceable provisions of these General Terms and Conditions of Sale with a legal, valid and enforceable provision that has the same economic scope for the parties and, to the extent permitted by law, with the same original intention of the parties.

11.3. The original version of the General Terms of Sale is drawn up in Dutch. In case of inconsistency, these General Terms of Sale will be interpreted and construed according to the text and spirit of the Dutch version.

11.4. Any notification, complaint, question, etc. relating to or based on these General Terms of Sale must be made in writing to the address mentioned above. The sender is responsible for proving receipt of any notification.

11.5. These General Terms and Conditions of Sale shall apply as long as JSP GROUP INTL BV sells Products online via its Website.

12. Applicable law - Competent court
12.1. These General Terms and Conditions of Sale and any disputes or claims arising from them shall be governed by Belgian law.

12.2. Both parties are obliged, in the event of any discussions or disputes regarding the applicability or interpretation of these General Terms of Sale, to first seek an amicable settlement before initiating legal proceedings.

12.3. All disputes or claims arising from these General Terms and Conditions of Sale shall be settled by the competent court where the registered office of JSP GROUP INTL BV is located.

General Terms and Conditions of Sale B2C Version 13 2024