General terms and conditions of sale
[Friendship inc bvba]
[Kalmthoutsesteenweg 28, 2950 Kapellen met kantoren te Willemdok 4D te Antwerpen]
[email@example.com] [+32 3 303 72 62]
[BE 0 533 902 054]
Article 1: General provisions
The e-commerce website of Friendship, a BV with registered office at Kalmthoutsesteenweg 28, 2950 Kapellen, BTW BE 0 533 902 054, (hereinafter referred to as ‘Joybox’) provides its customers the opportunity to purchase products from its online webshop.
These General Terms and Conditions (“Terms and Conditions”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order through the Joybox online store, the Customer must expressly accept these Terms and Conditions. They therefore agree to the applicability of these Terms and Conditions, to the exclusion of all other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been expressly accepted in writing by Joybox beforehand.
Article 2: Price
All provided prices are expressed in EUR, always VAT-inclusive, and with all other taxes or duties to be borne by the Customer.
If delivery, reservation or administrative costs are charged, they will be provided separately.
The indication of price refers exclusively to the articles as described verbatim. The accompanying photos are for illustrative purposes only and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible level of care and attention, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer are not binding on Joybox. As far as the accuracy and completeness of the information provided is concerned, Joybox is only bound to an obligation of means. Joybox shall, under no circumstances, be liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about issues such as sizes, colour, availability, delivery times or delivery methods, we ask that the Customer contacts our customer service team in advance.
The offer is valid while stocks last and it can be adapted or withdrawn at any time by Joybox. Joybox cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or the offer is made subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
You choose a box of your choice and click on ‘Add to basket’. You should then go to your shopping basket at the top right of the page. Click on ‘proceed to checkout’. Fill in your details and choose your payment option. You can choose between bancontact or payment via credit card. Click on ‘place order’. Fill in your payment details. Make the payment. The shipping process for your parcel has begun.
The Customer can choose between the following payment methods:
- Mastercard: 1.8%
- VISA: 1.8%
- Debit card: no extra charge
Joybox is entitled to refuse an order on the basis of a serious shortcoming on the part of the Customer in respect of orders relating to the Customer.
Discounts offered are valid until the specified date. Cannot be combined with other discounts or promotions. Gift is immediately added to the shopping cart when entering the code. No cash alternative, exchange balance or other cash payments are possible. The offer is valid while stocks last and it can be adapted or withdrawn at any time by Joybox. Joybox cannot be held liable for the unavailability of a product.
Article 5: Delivery and execution of the contract
Items ordered through this webshop will be delivered in Belgium and the Netherlands.
Delivery is via standard non-insured shipping via bpost, with free shipping costs.
Unless otherwise agreed or expressly stipulated, the goods will be delivered to the Customer’s address within 30 days of receipt of the order.
The average shipping time is 2 to 3 working days.
Any visible damage and/or qualitative failure of an item, or any other shortcoming related to the delivery, must be immediately reported to Joybox by the Customer.
The risk of loss or damage is transferred to the Customer as soon as they (or a third party appointed by them who is not the carrier) has physically received the goods in their possession. However, the risk already passes to the Customer upon delivery to the carrier if the carrier has been instructed by the Customer to transport the goods and the choice of carrier was not offered by Joybox.
Article 6: Retention of title
The delivered items remain the exclusive property of Joybox until full payment has been made by the Customer.
The Customer undertakes, if necessary, to make third parties aware of Joybox’s retention of title, e.g. to any person who would seize items that have not yet been paid for in full.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who, in their capacity as consumers, purchase items online from Joybox.
The Customer has the right to revoke the contract within a period of 14 calendar days without stating a reason.
The withdrawal period expires 14 calendar days after the day
- b) for sales contracts (including contracts that concern both goods and services): “on which the Customer or a third party appointed by the Customer, who is not the carrier, has physically received the goods in their possession”.;
In order to exercise the right of withdrawal, the Customer must inform Friendship, Kalmthoutsesteenweg 28
2950 Kapellen, firstname.lastname@example.org, +32 3 303 72 62 of its decision to withdraw from the contract by means of an unequivocal statement (e.g. in writing by post, fax or e-mail). The Customer can use the attached template withdrawal form for this purpose, but is not obliged to do so.
“The Customer can also fill in and submit the template withdrawal form or send any other clearly worded statement electronically via our website www.joybox.be. If the Customer decides to use this option, we shall immediately send the Customer an acknowledgement of receipt of their withdrawal on a durable data carrier (e.g. by e-mail)”.
In order to comply with the withdrawal deadline, the Customer must send their notice concerning their exercise of the right of withdrawal before the withdrawal deadline has expired.
The Customer must return or hand over the goods to Friendship, Kalmthoutsesteenweg 28, 2950 Kapellen immediately, but in any case no later than 14 calendar days after the day on which he has communicated his decision to revoke the contract to Joybox. The Customer shall be within time if they return the goods before the period of 14 calendar days has elapsed.
The direct costs of returning the goods shall be borne by the Customer.
“The direct costs of returning the goods shall be borne by the Customer. The costs are estimated to be a maximum of approximately EUR 5.
The Customer is requested to return the articles in their original state and packaging, with all supplied accessories and the instructions for use. If the product being returned has in any way diminished in value, Joybox reserves the right to hold the Customer liable and to claim damages for any diminished value of the goods resulting from the Customer’s use of the goods beyond what is necessary to determine the nature, characteristics and operation of the goods.
All returned articles are carefully inspected. The basic principle here is that the Customer may only inspect the item in the same way they would as if they were inspecting it in a shop. Returned items cannot have been used. If an article is impaired due to usage by the Customer, this will be charged to the Customer.
If the Customer cancels the contract, Joybox will refund all payments received from the Customer up to that point, including the standard delivery costs, and will refund these payments to the Customer within a maximum of 14 calendar days after the point at which Joybox has been informed of the Customer’s decision to cancel the contract. In the case of sales contracts, Joybox can wait until it has received back all the goods, or until the Customer has proved that they have returned the goods, whichever is the earliest.
Any additional costs resulting from the Customer’s choice of a method of delivery other than the cheapest standard delivery offered by Joybox will not be refunded.
Joybox will reimburse the Customer using the same means of payment with which the Customer carried out the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged any costs for such reimbursement.
If the right of withdrawal does not apply, reasons based on the following categories must be provided:
The Customer cannot exercise the right of withdrawal for:
- service contracts after the full performance of the service [if the performance has started with the express prior consent of the Customer, and provided that the Customer has acknowledged that they lose their right of withdrawal once the contract has been fully performed];
- the delivery or provision of goods or services, the price of which is subject to fluctuations in the financial market over which Joybox has no influence and which may occur within the withdrawal period;
- the delivery of goods that have been manufactured according to the Customer’s specifications, or which are clearly intended for a specific person;
- the supply of goods that spoil quickly or have a limited shelf life;
- the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons and where the seal has been broken after delivery;
- the delivery of goods which, after delivery, by their very nature have been irrevocably mixed with other products;
- the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days, and where the actual value depends on fluctuations in the market over which the company has no influence;
- agreements whereby the Customer has specifically requested that Joybox visit them to carry out urgent repairs or maintenance;
- the delivery of sealed audio and sealed video recordings and sealed computer software where the seal has been broken after delivery;
- the supply of newspapers, magazines or periodicals, with the exception of contracts for a subscription to such publications;
- contracts concluded during a public auction;
- the provision of accommodation other than for residential purposes, carriage of goods, car rental services, catering and leisure services, should the contracts provide for a specific date or period of performance;
- the supply of digital content that is not supplied on a tangible medium insofar as the service or performance has begun with the express prior consent of the Customer and provided that the Customer has acknowledged that they thereby lose their right of withdrawal (e.g. downloading of music, software);
- contracts for betting and lottery services.
Article 8: Guarantee
Under the Act of 21 September 2004 regarding customer protections in the sale of consumer goods, consumers have legal rights. This legal guarantee is valid from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
In order to invoke the guarantee, the Customer must be able to present a proof of purchase. Customers are advised to keep the original packaging for the goods.
For items purchased online and delivered to the Customer’s home, the Customer must contact Joybox Customer Service and return the item to Joybox at their own expense.
The Customer must inform Joybox as soon as possible when a defect is detected. In any case, any defect must be reported by the Customer within a period of 2 months after it has been noted. After such point, any right of repair or replacement shall lapse.
The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use or operating manual, alterations or modifications to the item, heavy-handed usage, poor maintenance, or any other abnormal or incorrect use.
Defects that become apparent after a period of 6 months following the date of purchase, or delivery if applicable, are deemed not to be hidden defects unless the Customer can prove this to the contrary.
Article 9: Customer service
Joybox’s customer service team can be reached by telephone on +32 3 303 72 62, or by e-mail at email@example.com or by post at the following address: Kalmthoutsesteenweg 28, 2950 Kapellen. Any complaints can be communicated via these channels.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights at the disposal of Joybox, in the event of non-payment or late payment, the Customer is liable – without the need to be given notice – to pay interest of 10% per year on the unpaid amount from the date of the default. In addition, the Client shall automatically and without notice owe a fixed compensation of 10% on the amount in question, with a minimum amount of EUR 25 per invoice.
Without prejudice to the above, Joybox reserves the right to take back items that have not (fully) been paid for.
Article 11: Privacy
The data controller, Joybox, respects the Belgian law of 8 December 1992 relating to the protection of privacy in the processing of personal data.
The personal data provided by you will only be used for the following purposes: execution of the concluded contract, processing of the order, the sending of newsletters, advertising and/or marketing purposes.
You have a legal right of inspection and possible correction of your personal data. Subject to proof of identity (copy of identity card) you can send a written, dated and signed request to Friendship, Kalmthoutsesteenweg 28, 2950 Kapellen, firstname.lastname@example.org, for a copy of your personal data, which shall be provided free-of-charge. If necessary, you can also ask for the data to be corrected if it is incorrect, incomplete or irrelevant.
In the event of use of data for direct marketing, you can lodge an objection free-of-charge against the use of your data for direct marketing. Do not hesitate to contact Friendship, Kalmthoutsesteenweg 28, 2950 Kapellen, email@example.com.
We treat your data as confidential information and will not pass it on, rent it, or sell it to third parties. It is possible that the personal data we obtain is transferred to companies who work with us such as Bpost and Sendcloud.
The customer is responsible for keeping their login data confidential and for the use of their password. Your password is encrypted before it is stored, which means that Joybox has no access to your password.
Joybox maintains online (anonymous) visitor statistics in order to be able to see which pages of the website are visited and to what extent.
If you have any questions about this privacy statement, please contact us on +32 3 303 72 62.
During a visit to the website, ‘cookies’ may be placed on the hard disk of your computer. A cookie is a text file that is placed by a website’s server on your computer’s browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
You can configure your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed, or that the cookies are removed from your hard disk afterwards. You can do this via the settings of your browser (via the help function). Please bear in mind that some graphical elements may not appear correctly or that you might not be able to use certain applications.
Article 13: Impairment of validity – non renunciation
Should a provision of these Terms and Conditions be declared invalid, unlawful or void, this shall in no way affect the validity, legality and applicability of the other provisions. Failure by Joybox at any time to enforce any of the rights listed in these Terms and Conditions, or to exercise any of these rights, shall never be construed as a waiver of such provision and shall never affect the validity of these rights.
Article 14: Modification of Terms and Conditions
These Terms and Conditions are supplemented by other terms and conditions to which explicit reference is made, as well as the General Terms and Conditions of Sale of Joybox. In the event of any contradiction, these Terms and Conditions shall prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Joybox has subscribed to the Regulations of the UNIZO e-commerce label. A copy of these Regulations and access to UNIZO’s complaints procedure is available via https://www.unizo.be/uw-webshop-juridisch-waterdicht-dankzij-het-unizo-e-commercelabel.
Article 16: Applicable law – Disputes
Belgian law shall apply, with the exception of the provisions of private international law in respect of applicable law.
The courts of the Consumer’s place of residence shall have jurisdiction in the event of legal disputes. Consumers can also contact the ODR platform (http://ec.europa.eu/consumers/odr/).
Appendix 1: Template withdrawal form
Dear Customer, you only need to complete and return this form if you want to withdraw from the contract.
[Friendship inc bvba] [Joybox] [Kalmthoutsesteenweg 28, 2950 Kapellen with offices at Willemdok 4D in Antwerp]:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the following goods/provision of the following service:
Ordered at (*)/ Received at (*):
Name(s) of consumer(s):
Address of consumer(s):
Signature of consumer(s) [only if this form is submitted in paper format]:
(*) Delete sections that are not applicable.