1.1 Unless explicitly agreed otherwise in writing, the present general terms and conditions (the "GTC”) shall be applicable to all present and future offers, sales contracts and deliveries made as a result of any orders by a consumer ("Consumer“) via the web shop www.jitsie.com, owned by Off Road Action bvba (the "Shop“ and “ORA”). For the purpose of these general terms and conditions, a Consumer is any individual entering into the contract for a purpose not related to his or her professional activity.
1.2 The present GTC shall prevail over any separate terms put forward by the Consumer. In this context any condition proposed by the Consumer – in whatsoever form – shall not be applicable.
2. THE FORMATION OF AN AGREEMENT
2.1 When making an order, the Consumer must follow the instructions on the Shop on how to make an order.
2.2 A valid order made by a Consumer requires first of all prior acceptance of the GTC.
2.3 The offers from ORA on the Shop reflect a full and accurate description of the offered products in order to inform the Consumer as correct as possible. The pictures of the products on the Shop are a true reflection of the offered products. If an offer is limited in time or subject to conditions, this will be explicitly stated in this specific offer of ORA on the Shop.
2.4 Once (a) product(s) is (are) selected, the applicable price, the expected delivery date, any extra charges, the shipping costs, customs duties and similar public charges (the ‘Costs’) will be clearly shown on the Shop. An expected delivery date means the date on which ORA hands over the specific product to a carrier, provided, however, that any such expected delivery date be only approximate and may therefore be exceeded by up to five business days.
2.5 By making an order on the Shop, the Consumer makes a binding offer to purchase the selected product. Without undue delay upon receipt of the order, a confirmation of receipt shall be sent by ORA to the Consumer via E-mail. This confirmation E-mail shall not constitute an acceptance of the order. The order shall be deemed accepted by ORA upon subsequent (E-mail) acceptance of the order.
3. PRICES, PAYMENT AND TRANSFER OF OWNERSHIP
3.1 All prices of the products shown on the Shop include VAT where applicable.
3.2 The Consumer shall bear all the Costs. The Costs include the costs for a transport insurance against the usual risks of transportation.
3.3 Unless expressly otherwise agreed by ORA, all shipments of the accepted orders shall require advance payment upon receipt of an invoice which may be sent via E-mail included in our notice of acceptance of the order.
3.4 Until the purchase price (including VAT and the Costs) for an ordered product has been fully paid by the Consumer, ORA holds legal title to the specific product.
4. SHIPMENTS AND PASSING OF RISK
4.1 The place of delivery is the address specified by the Consumer.
4.2 ORA shall dispatch the product only after having received the confirmation that the invoice with respect to the accepted order has been paid in full by the consument.
4.3 In the event that ORA fails to respect a specific expected delivery date, the Consumer agrees to grant ORA an appropriate grace period that may not be less than one week.
4.4 Partial shipments of the ordered products shall be permitted, provided that ORA shall bear any additional Costs caused thereby.
4.5 ORA shall bear the risk of accidental destruction, damage or loss of the ordered product during the transport of such products.
4.6 The risk of accidental destruction, damage or loss of the delivered product shall pass to the Consumer upon delivery of the product to the Consumer or upon the Consumer’s default of acceptance.
5. RETURN POLICY
5.1 The Consumer shall have a period of 14 days to withdraw from a purchase, without giving any reason, and without incurring any Costs other than those provided for in Article 13(2) and Article 14.
5.2 The withdrawal period referred to in 5.1 shall expire after 14 days from day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the products or:
- in the case of multiple products ordered by the Consumer in one order and delivered separately, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the last product;
- in the case of delivery of a product consisting of multiple lots or pieces, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the last lot or piece;
- in the case of contracts for regular delivery of products during defined period of time, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the first product.
5.3 Before the expiry of the withdrawal period as mentioned in 5.1 and 5.2, the Consumer shall inform ORA of its decision to withdraw from the specific purchase of a product or products. For this purpose, the Consumer may either:
- use the model withdrawal form as set out in Annex I and withheld on the website of ORA; or:
- make any other unequivocal statement setting out his decision to withdraw from the purchase.
5.4 The Consumer shall have exercised his right of withdrawal within the withdrawal as mentioned in 5.1 and 5.2 if the communication concerning the exercise of the right of withdrawal is sent by the Consumer before that period has expired.
5.5 The burden of proof of exercising the right of withdrawal in accordance with 5.1, 5.2, 5.3 and 5.4 shall be on the Consumer.
5.6 ORA shall reimburse all payments received from the Consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the Consumer’s decision to withdraw from the contract in accordance with 5.1, 5.2, 5.3 and 5.4.
5.7 ORA shall carry out the reimbursement referred to in 5.6 using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of such reimbursement. Notwithstanding the previous provision, ORA shall not be required to reimburse the supplementary costs, if the Consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by ORA.
5.8 Unless ORA has offered to collect the products himself, with regard to sales contracts, ORA may withhold the reimbursement until it has received the products back, or until the Consumer has supplied evidence of having sent back the products, whichever is the earliest.
5.9 The Consumer shall bear the risk of accidental destruction, damage or loss of the ordered product during the transport of such products back to ORA.
6. LACK OF CONFORMITY
6.1 ORA hall be liable to the Consumer for any lack of conformity that exists at the time the products were delivered.
6.2 In the case of a lack of conformity, the Consumer shall be entitled to have the products brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those products, in accordance with paragraphs 6.5 and 6.6.
6.3 In the first place, the Consumer may require the seller to repair the products or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate. A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account:
- the value the products would have if there were no lack of conformity,
- the significance of the lack of conformity, and
- whether the alternative remedy could be completed without significant inconvenience to the Consumer.
Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the Consumer, taking account of the nature of the products and the purpose for which the Consumer required the products.
6.4 The terms ‘free of charge’ in 6.2 and 6.3 refer to the necessary costs incurred to bring the products into conformity, particularly the cost of postage, labor and materials.
6.5 The Consumer may require an appropriate reduction of the price or have the contract rescinded: · if the Consumer is entitled to neither repair nor replacement, · if the seller has not completed the remedy within a reasonable time, or · if the seller has not completed the remedy without significant inconvenience to the Consumer.
6.6 The Consumer is not entitled to have the contract rescinded if the lack of conformity is minor.
6.7 The seller shall be held liable under 6.1 where the lack of conformity becomes apparent within two years as from delivery of the products. Furthermore, the Consumer must inform ORA of the lack of conformity within a period of two months from the date on which he detected such lack of conformity.
6.8 Without any limitation of the statutory warranty rights of the Consumer, the voluntary guarantee of ORA is subject to the following additional conditions:
- The guarantee does not cover damages caused by inappropriate or unspecified use according to the fields of use for the particular product as described on the website of ORA and the Shop, as for example: neglect of product (lack of care and maintenance), modifications made to the product(s), or a crash/incident.
- ORA has the right to repair damaged products or replace them with a new model.
- The guarantee given by ORA is valid and only for the original buyer of the product.
7. RESTRICTIONS TO THE LIABILITY OF ORA
7.1 The liability for negligence, resulting from late delivery shall be limited to an amount equal to 15% of the price (including VAT) paid by the Consumer.
7.2 ORA shall not be liable for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence.
7.3 Claims made by the Consumer for suffered damages based on obvious defects of the product are excluded, unless the Consumer reports the defect within two weeks after the delivery of the product.
8. DATA PROTECTION
8.1 The Consumer agree with the fact that ORA may save and process any data relating to the Consumer, to the extent necessary for the purpose of the execution and implementation of the purchase contract and as long as required to keep such data in accordance with applicable law.
8.2 ORA commits itself to not make available any personal data of the Consumer to other third parties without the express consent of the Consumer, except to the extent that ORA is required to disclose any data pursuant to applicable law
9. APPLICABLE LAW
Every agreement between ORA and the Consumer shall be governed by the laws of the BELGIUM under exclusion of the UN Convention on the International Sale of Products (CISG), without prejudice to any mandatory conflict of laws provisions.