Jupiter games BV: Algemene Voorwaarden.
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offering
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Fulfilment and additional warranty
Article 13 – Delivery and performance
Article 14 –Extended transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 1 – Definitions
In these Conditions:
1. Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of a contract between that third party and the trader;
2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Extended contract: a contract for the regular supply of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool – including e-mail – that enables the consumer or trader to store information that is aimed at them personally, in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows for unaltered reproduction of the stored information;
8. Right of withdrawal: the facility for the consumer to waive the distance contract within the cooling-off period;
9. Trader: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
10. Distance contract: a contract between the trader and the consumer concluded as part of an organised system for distance selling of products, digital content and/or services, exclusively or partly using one or more means of distance communication up to and including the conclusion of the contract;
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these conditions.
12. Means of distance communication: means that can be used for concluding a contract, without the consumer and trader needing to be together in the same room at the same time.
Article 2 – Identity of the trader
nv JGC Café games
Langendijkstraat 12
3690 Zutendaal/Belgium
+32 (0) 89 620 300
info@jgc.be
BE 0435.980.752
Article 3 – Applicability
1. These general terms and conditions apply to any offer from the trader and to any distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, then the trader will indicate how their terms and conditions can be viewed and that they will be sent free of charge as soon as possible at the consumer's request before the distance contract is concluded.
3. If the distance contract is concluded electronically, then, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a manner that the consumer can easily store it on a durable medium. If this is not reasonably possible, then before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs will correspondingly apply and the consumer can always invoke the applicable provision that is most favourable to them in the event of conflicting conditions.
Article 4 – The offering
1. Where an offering has a limited period of validity or is made subject to conditions, this will be expressly stated in the offering.
2. The offering contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offering by the consumer. Where the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offering are not binding upon the trader.
3. Each offering contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offering.
Article 5 – The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment when the consumer accepts the offering and meets the conditions attached to it.
2. If the consumer has accepted the offering electronically, the trader will immediately confirm receipt of acceptance of the offering electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the trader will take the appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take the appropriate security measures.
4. The trader may – within the limits of the law – inform itself as to whether the consumer can meet their payment obligations, including any additional facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, or to attach special conditions to its implementation.
5. At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a manner that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the trader's establishment, to which the consumer can submit complaints;
b. the conditions under which and the way in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on warranties and current after-sales service;
d. the price, including all taxes on the product, service or digital content; insofar as applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if it has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of an extended transaction, the provisions of the previous paragraph will only apply to the first delivery.
Article 6 – Right of withdrawal
For products:
1. The consumer may dissolve a contract regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
2. The cooling-off period referred to in paragraph 1 will commence on the day after the consumer, or a third party designated by the consumer in advance and which is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
c. for contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
3. The consumer may terminate a service contract and a contract for the supply of digital content which is not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
4. The cooling-off period referred to in paragraph 3 will commence on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period, as determined in accordance with the previous paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original cooling-off period, then the cooling-off period expires 14 days after the day on which the consumer has received that information.
Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that consumers may only handle and inspect the product as they would in a shop.
2. The consumer is only liable for any reduction in the value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or upon the conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises their right of withdrawal, they will report this to the trader within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product itself. In any event, the consumer has respected the return period if they return the product before the cooling-off period has expired.
3. The consumer will return the product with all the delivered accessories, if reasonably possible in their original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer will bear the direct costs of returning the product. If the trader has not advised that the consumer is to bear these costs or if the trader indicates that it will bear the costs, then the consumer does not have to bear the costs of returning the goods.
6. If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity that are not put up for sale in a limited volume or set quantity commences during the cooling-off period, then the consumer owes the trader an amount that is proportional to that part of the commitment that the trader has fulfilled at the time of withdrawal, compared to the full fulfilment of the commitment.
7. The consumer will not bear any costs for the performance of services or the supply of water, gas or electricity that are not put up for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information concerning the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer will not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. prior to its delivery, they have not expressly agreed to the commencement of performance of the contract before the end of the cooling-off period;
b. they have not acknowledged the loss of their right of withdrawal when giving their consent; or
c. the trader has failed to confirm this statement by the consumer.
9. If the consumer exercises their right of withdrawal, all ancillary contracts will be legally dissolved.
Article 9 – Obligations of the trader in the event of withdrawal
1. Als de ondernemer de melding van herroeping door de consument op elektronische wijze mogelijk maakt, stuurt hij na ontvangst van deze melding onverwijld een ontvangstbevestiging.
2. De ondernemer vergoedt alle betalingen van de consument, inclusief eventuele leveringskosten door de ondernemer in rekening gebracht voor het geretourneerde product, onverwijld doch binnen 14 dagen volgend op de dag waarop de consument hem de herroeping meldt. Tenzij de ondernemer aanbiedt het product zelf af te halen, mag hij wachten met terugbetalen tot hij het product heeft ontvangen of tot de consument aantoont dat hij het product heeft teruggezonden, naar gelang welk tijdstip eerder valt.
3. De ondernemer gebruikt voor terugbetaling hetzelfde betaalmiddel dat de consument heeft gebruikt, tenzij de consument instemt met een andere methode. De terugbetaling is kosteloos voor de consument.
4. Als de consument heeft gekozen voor een duurdere methode van levering dan de goedkoopste standaardlevering, hoeft de ondernemer de bijkomende kosten voor de duurdere methode niet terug te betalen.
Artikel 10 - Uitsluiting herroepingsrecht
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offering, in any event in good time before concluding the contract:
1. Products or services whose price is subject to fluctuations in the financial market that are beyond the trader's control and which may occur within the cooling-off period;
2. Contracts concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the trader to the consumer who attends or is given the opportunity to attend the auction in person, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has declared that they will lose their right of withdrawal as soon as the trader has fully performed the contract;
4. Package holidays as referred to in Section 7:500 of the Civil Code and passenger transport contracts;
5. Service contracts for the provision of accommodation, where the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period for their performance;
7. Products made to consumer specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products which, by their nature, have been irrevocably mixed with other products after delivery;
11. Alcoholic beverages whose price was agreed upon at the time the contract was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no control;
12. Sealed audio/video recordings and computer software, whose seal has been broken after delivery;
13. Newspapers, journals or magazines, with the exception of subscriptions to them;
14. The delivery of digital content other than on< a tangible medium, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that they will thereby lose their right of withdrawal.
Article 11 – The price
1. During the period of validity stated in the offering, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no control, with variable prices. This obligation to be bound by fluctuations and the fact that any prices quoted are guide prices will be stated in the offering.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated as such and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.
5. The prices mentioned in the offering of products or services are inclusive of VAT.
Article 12 – Fulfilment of the contract and additional warranty
1. The trader guarantees that the products and/or services satisfy the contract, the specifications stated in the offering, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by the trader, their supplier, manufacturer or importer will never limit the legal rights and claims that the consumer can assert against the trader on the basis of the contract if the trader has failed in the performance of their part of the contract.
3. Additional warranty means any commitment by the trader, their supplier, manufacturer or importer in which it grants the consumer certain rights or claims that go beyond its legal obligations in the event that it has failed in the performance of its part of the contract.
Article 13 – Delivery and performance
1. The trader will take the greatest possible care in receiving and carrying out orders for products and in assessing applications for the provision of services.
2. The place of delivery will be the address that the consumer has made known to the trader.
3. Subject to the provisions of article 4 of these General Terms and Conditions, the trader will carry out accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order is not or can only partially be carried out, then the consumer will be notified of this no later than 30 days after placing the order. In such an event, the consumer has the right to dissolve the contract free of charge and is potentially entitled to compensation.
4. Following dissolution, in accordance with the previous paragraph, the trader will immediately repay the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and declared to the trader, unless expressly agreed otherwise.
Article 14 –Extended transactions: duration, termination and renewal
Termination:
1. The consumer may terminate a contract entered into for an indefinite period of time, and which extends to the regular delivery of products (including electricity) or services, at any time subject to agreed termination rules and a notice period of up to one month.
2. The consumer may terminate a contract entered into for a limited period of time, and which extends to the regular delivery of products (including electricity) or services, at any time before the end of the limited period subject to agreed termination rules and a notice period of up to one month.
3. The consumer may terminate the contracts referred to in the previous paragraphs:
- at any time without being limited to termination at a specific time or in a specific period;
- at least in the same way as they were entered into;
- always with the same notice as the trader has stipulated for itself.
Renewal:
4. A contract entered into for a limited period of time that extends to the regular delivery of products (including electricity) or services may not be silently extended or renewed for a limited period of time.
5. By way of derogation from the previous paragraph, a contract that has been entered into for a limited period for the regular delivery of daily and weekly newspapers and magazines may be silently renewed for a fixed period of up to three months, if the consumer has the option to terminate this renewed contract before the end of the extended period with a notice of up to one month.
6. A contract entered into for a limited period of time, and which extends to the regular delivery of products or services, may only be silently renewed for an indefinite period of time if the consumer has the option to terminate it at any time with a notice period of up to one month. The notice period will not exceed three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily and weekly newspapers and magazines.
7. An agreement for a limited period of time for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) will not be silently extended and will end automatically at the end of the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice of up to one month, unless it would be unreasonable or unfair to terminate it before the end of the agreed term.
Article 15 – Payment
1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for providing a service, this period will commence on the day after the consumer has received confirmation of the contract.
2. When selling products to consumers, General Terms and Conditions may never oblige the consumer to pay more than 50% in advance. If advance payment is stipulated, the consumer may not assert any rights regarding the performance of the order or service(s) in question before the advance payment stipulated has been made.
3. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
4. If the consumer does not meet their payment obligation(s) on time, after the trader has drawn their attention to the late payment and the trader has given the consumer a period of 14 days in which to still meet their payment obligations, then after failing to pay within this 14-day period, the consumer will owe the statutory interest on the outstanding amount and the trader is entitled to charge for the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from the amounts and percentages mentioned for the benefit of the consumer.
Article 16 – Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and will handle any complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within a period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. In any event, the consumer should give the trader 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
Article 17 – Disputes
1. Contracts between the trader and the consumer, to which these General Terms and Conditions apply, are exclusively governed by Belgian law.
Article 18 – Additional or deviating provisions
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a tangible medium.
Annex I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the agreement)
-To: nv JGC Café games
Langendijkstraat 12
3690 Zutendaal/Belgium
+32 (0) 89 613 381
info@jgc.be
- I/We* hereby give notice that, in respect of our contract concerning the sale of the following products: [designation of product]*
the supply of the following digital content: [designation of digital content]*, the provision of the following service: [designation of service]*,
/we* wish to withdraw.
- Ordered on*/received on* [date of order for services or receipt for products]
- [Name(s) of consumer(s)]
- [Address(es) of consumer(s)]
- [Signature of consumer(s)] (only if this form is submitted on paper)
* Complete or delete as applicable.