General Terms and Conditions - B2C

General terms and conditions - B2C

1. Applicability
1.1. The legal relationship between JSP GROUP INTL BV (hereinafter referred to as ‘the Company’), 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): Pro Models - 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 B2C.

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. The Company reserves the right to amend these General Terms and Conditions of Sale where necessary. If the Buyer wishes to order products from the Company’s websites, the Buyer should read these General Terms and Conditions of Sale to ensure that he or she understands the General Terms and Conditions of Sale that apply when the Buyer enters into an agreement with the Company.

2. Articles, Ordering and Conclusion of the Contract
2.1. The Company 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 the Company and the Buyer - including 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 the Company’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 the Company shall only be bound once an order confirmation has been sent by e-mail. The Buyer is advised to print out and keep this e-mail. The Company reserves the right to refuse any order. An order is considered processed and approved by the Company when the Buyer receives an e-mail confirmation from the Buyer. Once the e-mail is sent, an agreement (‘Agreement’) is concluded between the Company 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 the Company 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, the Company will notify the Buyer as soon as possible by e-mail and the Company will not process the Buyer's order. The Company 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, the Company 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 the Company 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 the Company 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 the Company’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 the Company. 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, the Buyer 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. 4.2. The Company makes every effort to ensure that payments via the Website are made as efficiently and securely as possible. To this end, the Company 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 the order. The Buyer meets the payment obligation by using the payment method offered. The Company 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 the Company shall not take place until the Company has received payment in full.

4.5. In the event of non-payment, overdue payment or any other form of default, the amounts owed to the Company 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 fourteen (14) days from the first payment reminder, a default interest of seven percent (7%) of the original amount due and a fixed compensation of:

• A maximum of twenty euros (€ 20) for amounts up to one hundred fifty euros (€ 150); 

• Thirty euros (€ 30) plus ten percent (10%) of the amount from one hundred fifty euros and one cent (€ 150.01) to five hundred euros (€ 500);

• Sixty-five euros (€ 65) plus five percent (5%) of the amount above five hundred (€ 500), with a maximum of two thousand euros (€ 2000).

4.6. The Company 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 the Company’s reasonable efforts, some products on the Website may have an incorrect price. The Company cannot be held liable for incorrect price indications, changed properties, colour differences and/or differences compared to the images on this Website.

5. Shipping Conditions
5.1. All B2C orders placed on weekdays before 13:00 CET are dispatched on the same day. The Website exclusively lists products that are in stock and available for immediate delivery. Backorders are not maintained for B2C orders.

5.2. Once the order is ready for shipment, an email containing the packing slip and invoice will be automatically sent. Upon collection by the courier, an additional email with the tracking number will be sent, enabling the Buyer to monitor the shipment's progress.

5.3. Shipping is handled by various courier services, including FEDEX, GLS, DPD, and POST services.

5.4. Orders placed on weekdays before 13:00 CET are typically delivered the next day within Europe. Delivery will be attempted on two (2) consecutive days at the specified delivery address. If the order is not received after these attempts, collection from the designated pick-up point is required.

5.5. For further details on delays or delivery issues, please refer to Article 6 of these General Terms and Conditions.

5.6. The shipping information and other details provided herein are subject to updates and revisions. Buyers are encouraged to review these terms periodically to stay informed of any changes that may affect their orders.

5.7. Shipping Times 

Average Shipping Times within Europe
• Belgium: next day
• Netherlands: next day
• Luxembourg: next day
• France: 1 - 2 days
• Germany: 1 - 2 days
• Austria: 1 - 2 days
• Spain: 1 - 2 days
• Italy: 2 - 3 days
• Denmark: 1 - 2 days
• Sweden: 2 - 4 days
• Norway: 2 - 4 days
• Finland: 2 - 4 days

Average Shipping Times for Other Destinations
• United Kingdom: 2 - 4 days
• United States: 3 - 6 days
• Australia: 3 - 6 days
• Other Countries: 2 - 6 days

5.8. Key Information for Non-EU Buyers

5.8.1. Purchases made by customers outside the EU are not subject to Value Added Tax (VAT). Consequently, VAT will not be included on the invoice or order.

5.8.2. Upon arrival in the destination country, the goods may be subject to local VAT, sales tax and import duties. These charges are determined by the customs authorities of the respective country and are based on the value of the imported goods.

5.8.3. The Buyer is responsible for consulting with local customs or tax authorities to obtain information regarding any additional legal obligations or potential additional charges. Any additional charges vary by country and are beyond the control of the Company. Obtaining this information in advance helps prevent unexpected costs upon delivery.

6. Delivery
6.1. The Company will do what is necessary to ensure that Products ordered are packaged carefully and neutrally to guarantee the Buyer's privacy as far as possible. 

6.2. Shipping costs may be consulted in the ‘shipping cost’ section. 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.

6.3. Ordered Products can always be collected from our warehouses at 2250 Olen, Geelseweg 80, Belgium and this exempt from shipping costs. 

6.4. Should the Buyer opt for delivery of the Product ordered, the Company will ship the order as soon as possible. For delivery delay we refer to Article 5.7. Shipping Times. E-mail confirmation in accordance with Article 2.6 of these General Terms and Conditions of Sale, unless agreed otherwise. The Company shall not be obliged to deliver until full payment for the order has been received. If it is not possible for the Company to deliver the products within the stated period or quantities, the Company will notify the Buyer in writing.

6.5. 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.

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

6.7. 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 the Company’s shipping partners to make a new delivery appointment or be informed where the ordered Products can be collected.

6.8. 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 the Company 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 the Company 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.

6.9. The Company is responsible for Delivery At your Place (DAP) of the Products ordered.

7. Intellectual Property
7.1. The Buyer acknowledges that the Company, 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, the Company, 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.

7.2. Where reference is made on the Company'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 the Company's product range.  

7.3. The Company 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.

8. Warranties and Liability
8.1. The Company’s liability and warranties are limited to those permitted by Belgian law. Any liability of the Company is in any case limited to the amount of the Products ordered and paid for by the Buyer.

8.2. The Company guarantees reasonable delivery of the Products as described on the Website at the time the purchase agreement is concluded. Under no circumstances does the Company guarantee the achievement of any particular (medical) result, nor does the Company 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.

8.3. The Company cannot at any time be held liable for the pamphlets, photographic material, product information or other information provided by the Company 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. Also see Article 2 of the Website's General Terms and Conditions of Sale.

8.4. Furthermore, the Company 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.

8.5. The limitations on liability in Articles 8.3 and 8.4 shall not apply in the event of fraud, fraud, or gross negligence by the Company.

8.6. The Company is not liable for technical problems affecting the communication of information via the Website. The Company is not liable to the Buyer for any changes, breakage, defect, or termination of the Website. Nor is the Company liable for websites to which its Website links.

9. General Product Safety Regulation (EU) 2023/988
9.1. Compliance with Product Safety Laws 
The Company confirms that all delivered products comply with the requirements of the General Product Safety Regulation (EU) 2023/988 and all other appropriate laws and regulations relating to product safety. The Company is responsible for maintaining detailed documentation to ensure product traceability throughout the supply chain.

9.2. Safety Risks and Immediate Actions 
If a product supplied by the Company poses a safety risk or does not comply with the General Product Safety Regulation, the Company undertakes to immediately take all necessary measures, including recalling the product, providing clear warnings to customers, and providing a replacement product or refund.

In the event of a safety risk or product recall, the Company commits to communicating all relevant information to affected customers in a clear and understandable manner. This includes providing specific instructions for product handling, steps to ensure customer safety, and the available options for product return, replacement, or refund. Communications will be made through multiple channels, including email and direct notifications on the Website, to ensure that the information reaches all affected customers promptly. 

These actions are undertaken in accordance with Article 9 of the General Product Safety Regulation (EU) 2023/988, which mandates immediate corrective actions for any identified safety risks.

9.2.1. Escalation Path for Unresolved Safety Concerns 
In the rare event that a reported safety concern remains unresolved after corrective measures, customers are advised to escalate their concerns by contacting relevant regulatory bodies, such as the EU Safety Gate or other appropriate national authorities. The Company will cooperate fully with these bodies to ensure customer safety and compliance with the General Product Safety Regulation.

9.3. Corrective Measures 
The Company undertakes to take immediate corrective action if a delivered product proves to be unsafe. This includes, where necessary, proposing a recall, informing the relevant authorities, and providing warnings to customers. The Company will ensure that these measures are conducted in accordance with the procedures laid down in the General Product Safety Regulation. 

9.3.1. Reporting Safety Concerns 
The Company provides customers with an accessible channel to report potential product safety issues. Customers may submit safety concerns using the online reporting form available on the Website or by contacting customer support at the contact details listed in Article 1.2. The Company is committed to addressing all product safety concerns promptly and transparently.

9.3.2. Customer Support as Primary Contact 
The Company’s Customer Support team serves as the primary contact for all product safety concerns, in line with Article 10 of the General Product Safety Regulation (EU) 2023/988. Customers are encouraged to contact Customer Support directly with any questions or issues regarding product safety. All relevant contact details for Customer Support are provided in Article 1.2. ensuring accessible, consistent, and responsive support for reporting potential product safety risks.

9.4. Product Recall and Documentation 
In the event of a product safety issue, the Company will inform the relevant authorities and comply with any recall investigation, maintaining all required product safety records in line with Article 13 of the General Product Safety Regulation (EU) 2023/988. 

The Company ensures traceability across the entire supply chain, from production to final sale, and commits to promptly tracking and removing affected products in the event of a recall. Continuous improvements to traceability mechanisms, in collaboration with suppliers and distribution partners, will be implemented to maintain high standards of accuracy and efficiency, supporting accountability and a rapid response.

9.5. Liability for Non-Compliance 
The Company indemnifies the Buyer against all damages, losses, and costs resulting from the Company’s failure to comply with the General Product Safety Regulation or from the delivery of an unsafe product. The Company is liable for all claims for damages from others arising from defective or unsafe products.

10. Appointment of Authorised Representative
10.1. Appointment for Regulatory Compliance 
In compliance with the General Product Safety Regulation (EU) 2023/988, the Company has appointed an Authorised Representative responsible for product safety, regulatory compliance, and handling product recalls.

10.2. Contact Information of the Authorised Representative 
The appointed Authorised Representative for the EU is: 

Mr. Patrick Engelen 
JSP Group INTL BV 
Geelseweg 80, 2250 Olen, Belgium 
Telephone: +32 (0)14 25 92 83 
Email: safety@jsp-group.be

10.3. Responsibilities of the Authorised Representative 
The Authorised Representative is responsible for liaising with regulatory authorities and ensuring that all necessary actions are taken in the event of a product safety issue. This includes maintaining product safety records, facilitating product recalls, and ensuring compliance with all aspects of the General Product Safety Regulation.

Additionally, the Authorised Representative is tasked with conducting pre-market conformity assessments and risk evaluations to verify that products meet all relevant safety requirements before being offered to customers. In the event of a safety incident, the Authorised Representative will coordinate with regulatory bodies to ensure full compliance with the General Product Safety Regulation.

11. Personal Details
The Company 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 the Company.

12. Force Majeure
12.1. Neither the Company nor the Buyer shall be liable for any delay or failure to fulfil the agreement if it is the result of force majeure. Force majeure includes, without this being an exhaustive list: government order, mobilization, 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 the Company's control which disrupt the normal course of business, without the Company having to prove the unexpected nature of these circumstances.

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

12.3. 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.

13. Transfer
13.1. The Company may assign the agreement, as a whole or in part, to any person, firm, or company.

13.2. The Buyer is not entitled to assign the agreement or any part thereof without the prior written consent of the Company.

14. Other
14.1. Any disruption or delay by the Company 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.

14.2. 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. The Company 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.

14.3. 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.

14.4. 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.

14.5. These General Terms and Conditions of Sale shall apply as long as the Company sells Products online via its Website.

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

15.2. 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.

15.3. 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 the Company is located.

General Terms and Conditions of Sale B2C Version 13 2024