TERMS & CONDITIONS

1 Applicability

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The webshop is operated by JagThinK Bv, with company number 0781.976.287, VAT BE 0781.976.287.

By placing an order, the customer agrees to the current terms and conditions.

 

Without prejudice to the application of any special terms and conditions contained in a separate written agreement, these general terms and conditions apply to any offer, quotation, order, delivery or agreement between JagThinK and its customers, always to the exclusion of the customer's general terms and conditions. Unless expressly agreed in writing by us. The acceptance of these general terms and conditions therefore implies that the customer completely renounces the application of his own general (purchase) terms and conditions.

 

These general terms and conditions are binding on the parties, unless otherwise expressly agreed in writing between the parties. Such deviating clauses only apply with regard to those points of these general terms and conditions to which they expressly relate.

 

When reference is made to a "consumer" in these general terms and conditions, this means: any natural person who is acting for purposes that fall outside his trade, business, craft or profession, in accordance with Article I.1. of the Code of Economic Law.

 

2 Orders

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Orders are placed online via the website www.nassau.be and will only be executed after (i) the customer has made payment in full and (ii) they have subsequently been confirmed/accepted in writing or digitally by JagThinK.

 

The customer receives this confirmation/acceptance and an overview of his order by e-mail.

 

Shown models, specifications of colors, dimensions, weights and other descriptions on the website of JagThinK are as accurate as possible, but are only indicative; the customer cannot derive any rights from this.

 

3 Prices

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The prices of the JagThinK goods are listed on the website, are expressed in Euro and are stated both inclusive of VAT (consumer) and exclusive of VAT (other).

 

Unless otherwise stipulated, the prices quoted do not include transport and delivery of the goods to the customer. However, the costs of transport and delivery are separately and clearly stated with each order (see Article 5).

 

Discounts are not accepted unless expressly indicated on the website.

 

Any changes in the price as a result of, among other things, changes in import and export duties, in the VAT rate, in exchange rates, in freight costs, in insurance costs, which intervene after the orders have been placed, are at the expense of the customer. The aforementioned list is not exhaustive, but only exemplary.

 

4 Payment

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The customer is not permitted to deduct any amount from the purchase price due to a counterclaim made by him against JagThinK. Debt set-off is therefore excluded.

 

5 Delivery

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Delivery is only made after receipt of payment.

 

The indicated delivery times are only indicative and not binding. The exceeding of any delivery dates cannot be invoked by the customer to request the dissolution of the agreement, to claim compensation from JagThinK or to enforce any other claim against JagThinK.

 

Goods are only delivered in the countries for which the website allows delivery.

 

Incorrect delivery addresses are the responsibility of the customer and may lead to additional costs.

 

The shipping costs are indicated during the ordering process in our webshop.

 

6 Purchase obligation

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In the event that the customer refuses the order, terminates the agreement or cannot be executed due to the customer's fault, he must pay JagThinK a fixed compensation of 20% on the total amount of the agreement, without prejudice to the right of JagThinK to claim higher compensation, to the extent that the existence of greater damage is proven. This article does not apply to a consumer within the margins of the right of withdrawal as determined below (article 7).

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7 Right of withdrawal

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To be admissible, complaints must be sent by registered mail to JagThinK:

 

in case of visible defects/damage, within two (2) calendar days counting from the day following the day on which the customer or a third party designated by the customer takes physical possession of the good; or

in the event of a complaint for non-conforming delivery, within six (6) calendar days from the day following the day on which the customer or a third party designated by the customer takes physical possession of the good; or in the case of hidden defects, within six (6) calendar days after discovery of the defect by the customer or after the time when he could reasonably have made such discovery.

 

The periods stated under points b) and c) are extended for consumers to 2 months from the discovery of the defect.

 

After this period, deliveries and prices will be considered to be final and fully accepted.

 

In accordance with the provisions of the Code of Economic Law, the customer who is a consumer also enjoys a right of withdrawal. For all non-personalised goods, the consumer has the right to return them, without giving any reason, within fourteen (14) calendar days, counting from the day following the day on which the consumer or a third party designated by the consumer takes physical possession of them. The consumer is not entitled to return sealed products after opening if the return thereof is not possible for reasons of health protection or hygiene.

 

All returned goods will be inspected by JagThinK upon receipt. Both in the case of a return following a complaint and when exercising the right of withdrawal, the customer is not entitled to a refund if the good has been used beyond what was necessary for the assessment, if the packaging is damaged and/or the good was not returned in its original packaging. All original labels, stickers and seals must still be attached to the goods undamaged.

 

Once JagThinK receives a return shipment, JagThinK will send the customer a confirmation email.

 

If the good is returned on time and – except in the case of return due to complaints relating to damage/defects – intact, complete and in a (re)saleable condition (see above), the customer will receive a refund of the purchase price of the good within two weeks after return receipt to the bank account number provided by him for this purpose or via refund to your credit card or paypall account.

 

In all the aforementioned cases, the costs of return shipment are for the account of the customer. JagThinK does not accept any liability for damage or loss during the return so the customer must ensure that the item is returned properly packaged to JagThinK.

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8 Dissolution

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If the customer fails to fulfill his obligations, the sale can be dissolved by operation of law, without judicial intervention and without prior notice of default by JagThinK, without prejudice to the rights of JagThinK to all damages and interests. The expression of will for this purpose by registered letter sent by JagThinK will suffice for this.

 

9 Retention of Title

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All goods remain the property of JagThinK until full payment of the price. Advances paid will continue to be acquired by JagThinK in compensation for possible losses upon resale. All reasonable costs incurred by JagThinK to regain possession of the goods subject to retention of title shall be borne by the customer.

 

The customer undertakes now to provide all possible cooperation with regard to the exercise by JagThinK of its right to take back.

 

10 Warranty

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The warranty provisions of the respective manufacturers apply to the deliveries of the goods.

 

JagThinK will repair or replace the goods within the warranty provisions of the manufacturer(s) and without prejudice to its own liability.

 

Work performed by the customer on the goods during the warranty period(s), other than to preserve the goods, will void the customer's right against JagThinK and the manufacturer(s) under the warranty(s) provided.

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11 Liability

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If JagThinK is liable for the damage suffered by the customer, the compensation obligation of JagThinK is at all times limited to a maximum of the amount paid out by its insurer in the relevant case. In the event that the insurer of JagThinK does not pay out or the damage is not covered by an insurance policy taken out by JagThinK, JagThinK's obligation to pay compensation is limited to a maximum of the invoice amount for the goods delivered or the work performed.

 

JagThinK can under no circumstances be held liable, for any reason whatsoever, for its slight fault or those of its employees. JagThinK can in all circumstances only be held liable for damage that was foreseeable at the time of concluding the agreement with the customer and that is the direct result of its shortcomings. JagThinK can never be held liable for any indirect (consequential) damage, such as loss of profit, loss of turnover, reputational damage, losses resulting from interruptions to the work of the customer's company, loss of or damage to data, operational and/or or administrative (additional) costs, loss of goodwill and the like.

 

12 Force majeure

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JagThinK shall not be in default or otherwise liable for any delay or failure in the performance of the agreement with Customer if such delay or failure occurs due to any cause that is unforeseeable and beyond its reasonable control, including, but not limited to, limited to strikes, import and export bans, roadblocks, fire, war, terrorist attacks, mutiny, riots, natural disasters, epidemics, lack or delay in transport and mandatory changes by the competent authorities. These circumstances entitle JagThinK to suspend the agreement with the customer, without being obliged to pay any compensation to the customer with regard to this suspension.

 

13 Evidence

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JagThinK and the customer accept the electronic proof (for example: e-mail) within the framework of their relations.

 

14 Nullity Article General Terms and Conditions

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If and insofar as any provision of the general terms and conditions should be or be declared null and void, or should change, this will not affect the validity of the other provisions.

 

15 Disputes

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Any disputes will be settled by the competent court in the place where the registered office of JagThinK is located, although JagThinK always reserves the right to submit the dispute to the competent court in the place where the customer is located. Possible disputes from the customer do not release him from the obligation to pay within the term.

 

Belgian law, to the exclusion of the provisions of international private law, applies exclusively to all orders, deliveries, agreements and all obligations arising therefrom. The applicability of the Vienna Sales Convention is excluded.

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