General Conditions

1. Applicability

1.1. The legal relationship between JSP GROUP INTL BVBA, with headquarters at 2250 Olen, registered in the Kruispuntbank van Ondernemingen under number BE0432.051.757 with Mr. Stefan Engelen and anyone who wishes to make a purchase via the Website (“the Buyer”) will be exclusively governed by these General Sales Conditions. All other terms and conditions or versions of these sales conditions are only applicable when these are approved in writing by JSP GROUP INTL BVBA.

1.2. If you have questions or complaints concerning the aforementioned ISHIMA RACING website (http://www.ishimaracing.com – the “Website”), the products offered on the Website or these General Sales Conditions, please contact JSP GROUP INTL BVBA:
- by sending a letter to the following address (also the address of the physical location of the webshop): Ishimaracing.com – att’n. JSP GROUP INTL BVBA, Geelseweg 80, 2250 Olen, Belgium;
- by sending an e-mail to: sales@promodels.be;
- by phoning the following number: +32 14 25 92 83

1.3. There are further specific terms and conditions in Article 2 of the General Sales Conditions.

1.4. By placing an order on the Website, the Buyer expressly confirms having read, approved and accepted these General Sales Conditions. The Buyer checks the Box provided for this, “I have read and accepted the General Sales Conditions.”

1.5. JSP GROUP INTL BVBA retains the right to modify these General Sales Conditions where appropriate. If the Buyer wishes to order products via JSP GROUP INTL BVBA’s website, the Buyer must review these terms and conditions in order to ensure that he or she understands the General Sales Conditions that are applicable at the time the Buyer enters into an agreement with JSP GROUP INTL BVBA.

2. Items, ordering and concluding the agreement

2.1. JSP GROUP INTL BVBA offers via its Website the ability to purchase the Products offered there.
These General Sales Conditions have the purpose of determining the modalities of the transaction via the Website between JSP GROUP INTL BVBA and the Buyer – among other things concerning the order, payment, delivery and cancellation.

2.2. Unless otherwise indicated in writing, the offers on the Website apply only for informational purposes. These offers are therefore without obligation. Further, the offers apply as long as the inventory lasts.

2.3. The Buyer can order individual Products, in the amounts desired, from JSP GROUP INTL BVBA’s offerings by selecting the desired Products and can review the selected products via the “My Shopping Cart” button.

2.4. The Buyer then gets a list of the contents of his or her electronic shopping cart, and the Buyer can complete the order by clicking on the “Proceed to Checkout” button. Thereafter, the Buyer must enter all the required information and confirm the accuracy of this information by clicking on the button “Place your order.”

2.5. Finally, the customer executes payment by indicating one of the various payment methods. With the approval of payment, the Buyer gets an overview of his or her order as well as an overview sent to his or her e-mail address.

2.6. Each order made is binding in its entirety for the Buyer, but JSP GROUP INTL BVBA is only bound as of the sending of an order confirmation per e-mail. We advise you to print and retain this e-mail. JSP GROUP INTL BVBA retains the right to refuse any order. An order will be considered processed and approved by JSP GROUP INTL BVBA when the Buyer receives confirmation from JSP GROUP INTL BVBA via e-mail. After sending the e-mail, an agreement (“Agreement”) arises between JSP GROUP INTL BVBA and the Buyer.

2.7. Possible or alleged inaccuracies in this order confirmation must be reported upon penalty of forfeiture within 8 days of the sending date of this order confirmation in writing by the Buyer to the following address: JSP GROUP INTL BVBA BV, Geelseweg 80, 2250 Olen, Belgium.

2.8. If JSP GROUP INTL BVBA is not able to provide the buyer with a product, for example because the product is no longer available or because there is an error in the display of the price as determined in Article 5.6 of the General Sales Conditions, JSP GROUP INTL BVBA will inform the Buyer of this as soon as possible by e-mail, and JSP GROUP INTL BVBA will not process the order from the Buyer. JSP GROUP INTL BVBA also retains the right, if an ordered Product is no longer in stock, to provide the Buyer with a replacement product that is equivalent in quality and price.
In the event that the Buyer has already paid for the products, JSP GROUP INTL BVBA will return this amount to the Buyer as soon as possible by the same payment method that the Buyer used when placing the order.

3. Cancellation

3.1. The Buyer has the right to notify JSP GROUP INTL BVBA that he or she will forego the purchase, without payment of a fine and without a statement of motive within fourteen (14) calendar days starting from the day following delivery of the goods or the conclusion of the service agreement.

3.2. They Buyer must notify JSP GROUP INTL BVBA via e-mail of the fact that he or she wishes to send back the products, with a report of the order number concerned, the products and the amount.
In return, the Buyer receives an e-mail with an indication of when JSP GROUP INTL BVBA’s courier will come to pick up the products or to what the distribution point the Buyer is expected to deliver the Product(s). A refund will be provided after the products are received and checked at JSP GROUP INTL BVBA’s premises. The Buyer bears all direct costs that arise as a result of such a return.

3.3. The Buyer cannot rely on the right to cancellation if:
- the delivered products were custom-made or provided according to the instructions and wishes of the Buyer;
- the delivered products are of a personal nature;
- the delivered products can spoil or undergo an aging process;
- the delivered products and incomplete, damaged, soiled or significantly used by the Buyer.

3.4. With excessive returns of orders by the Buyer, JSP GROUP INTL BVBA retains the right to refuse future orders, also in accordance with Article 2.6 of the General Sales Conditions.

4. Price and Payment

4.1. The price of the products will be given 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 offering on the Website.

4.2. JSP GROUP INTL BVBA does its very best to make sure that the payments via the Website take place as efficiently and securely as possible. For this, JSP GROUP INTL BVBA relies on the secure and reliable payment environment of Ogone. There is more information about Ogone on www.ogone.be.

4.3. The Buyer pays the price when placing his or her order. The Buyer meets his or her payment obligation by using whichever of the offered payment methods is preferred.
JSP GROUP INTL BVBA bills no management or collection costs for the payment of the orders, unless explicitly stated.

4.4. Payment of the full price must take place when placing the order. Shipping by JSP GROUP INTL BVBA will only take place after JSP GROUP INTL BVBA has received full payment.

4.5. In the event of non-payment or late payment or other kinds of arrears, the entire amounts owed to JSP GROUP INTL BVBA will be legally demandable. This amount will also by increased with the legal annual interest at the rate of 7% of the originally owed amount.

4.6. JSP GROUP INTL BVBA takes all reasonable precautions in order to ensure that the prices of the products are displayed correctly when they are entered into the system. The Website, however, includes a large number of products, and it cannot be ruled out that, despite JSP GROUP INTL BVBA's reasonable efforts, a number of the products on the Website can have an incorrect price.

5. Delivery

5.1. JSP GROUP INTL BVBA does what is needed to ensure that Products ordered will be carefully and neutrally packaged so that the privacy of the Buyer can be ensured as well as possible.
The costs for delivery in Belgium vary, depending on the total purchase amount, between 0 euros and 10 euros for packages that do not exceed 1.75 kilograms. For orders that exceed this total weight, JSP GROUP INTL BVBA will contact the Buyer with the adjusted price.
All information concerning the delivery will be shared with the Buyer upon conclusion of his or her order.
If the Buyer has questions, of whatever nature, concerning the delivery of the Products ordered, please contact the address given above.

5.2. Products ordered can also be picked up without charge at a distribution point as described during the order process.

5.3. In the event that the Buyer opts for delivery of the products ordered, these will be delivered as soon as possible, and JSP GROUP INTL BVBA will make all reasonable efforts to deliver within a period of two (2) days of the receipt of the e-mail confirmation in accordance with Article 2.6 of these General Sales Conditions, unless otherwise agreed. JSP GROUP INTL BVBA is only obligated to deliver if the full payment of the order has been received. If it is not possible for JSP GROUP INTL BVBA to deliver the products in the indicated period or amounts, JSP GROUP INTL BVBA will notify the Buyer of this in writing.

5.4. Delay in delivery of the Products can in no way lead to the legally nullification of an order and/or dissolution of the Agreement, or result in the payment of damages of any nature.

5.5. The Buyer is obligated to receive the Products delivered by JSP GROUP INTL BVBA at the agreed-upon time and place, and must sign the delivery slip for receipt. JSP GROUP INTL BVBA delivers products no further than the ground floor of the Buyer’s building.

5.6. If no one is available at the address of the Buyer to receive the delivery, a missed delivery message will be left, after which the Buyer can come pick up the Products ordered at the post office indicated, or can contact one of the partners of JSP GROUP INTL BVBA in order to make a new delivery appointment, or will be informed of where the Products ordered can be picked up.

5.7. Visible breakage on the exterior packaging or other possible problems concerning the deliver must be noted on the delivery slip or reported in writing by registered letter to JSP GROUP INTL BVBA within a term of thirty (30) calendar days, including a detailed description of the breakage as well as the preference for refund or exchange. The Product concerned must also be sent back to JSP GROUP INTL BVBA within this term of thirty (30) calendar days.
Notwithstanding the foregoing, the use of the delivered Products by the Buyer entails an irrevocable acceptance, without prejudice to the provisions of Article 3 of these General Sales Conditions.

5.8. The risk of loss and damage of the Products as well as the ownership of the Products transfers to the Buyer upon delivery.

6. Intellectual Property

The Buyer acknowledges that JSP GROUP INTL BVBA, one of its associated companies or a third party involved in the production or delivery of the Products remains the exclusive owner of all intellectual property rights concerning all parts of its Website, production and order process, the chemical composition and technical specifications of the Products. In addition, JSP GROUP INTL BVBA, one of its associated companies or a third party involved in the production or delivery of the Products is the exclusive owner of the name, the brand and the logo under which the products are sold. The Buyer shall not undertake any claim concerning the forenamed intellectual rights.

7. Warranties and Liability

7.1. JSP GROUP INTL BVBA’s liability and warranties are limited to those allowed by Belgian law. Any liability of JSP GROUP INTL BVBA shall in any case be limited to the amount of the Products ordered and paid for by the Buyer.

7.2. JSP GROUP INTL BVBA guarantees a reasonable delivery of the Products as described on the Website at the time of the conclusion of the purchase agreement. JSP GROUP INTL BVBA in no event guarantees the achievement of a certain (medical) result, nor does JSP GROUP INTL BVBA extend any warranty concerning the usability and/or quality of the Products ordered as described by third parties (producers, suppliers, etc.) in, for example, pamphlets, photo materials or product information.

7.3. JSP GROUP INTL BVBA cannot be held liable at any time for the pamphlets, photo material, product information or other information that JSP GROUP INTL BVBA reports on the Website, given that they have not designed or developed this information. This information serves purely informative and illustrative purposes to which the Buyer can attach no scientific or legal value. Also see Article 2 of the General Sales Conditions of the Website.

7.4. Furthermore, JSP GROUP INTL BVBA will not be liable with respect to the Buyer if:
- the Buyer has not used the products in accordance with the purpose for which they are intended;
- the Product concerned is modified, changed or repaired (including by the producer);
- the Product in question is deliberately or negligently damaged by the Buyer;
- the Product shows breakage that is a result of normal wear or of exceeding the expiration date.

7.5. The limitations with respect to liability in Article 7.3 and Article 7.4 are not applicable in the event of deceit, fraud or serious misconduct on the part of JSP GROUP INTL BVBA.

7.6. JSP GROUP INTL BVBA is not liable for technical problems that have an impact on the communication of information via the Website. JSP GROUP INTL BVBA is not liable with respect to the Buyer for any changes, breakage, defect or termination of the Website. Neither is JSP GROUP INTL BVBA liable for websites to which its Website links.

8. Personal information

JSP GROUP INTL BVBA retains the personal information of the Buyer in accordance with the law of 8 December 1992 for the protection of privacy (“Law of 8 December 1992 concerning the Protection of Privacy”) and JSP GROUP INTL BVBA’s Privacy statement.

9. Force Majeure

9.1. Neither JSP GROUP INTL BVBA nor the Buyer is liable for a delay or shortcoming in the execution of the agreement, if this is due to force majeure. By force majeure is understood, without this being an exhaustive list: order of the government, mobilization, war, epidemic, lock-out, strike, demonstration, technical defects in the transfer of communication, fire, flood, explosion, lack of raw materials or labor force, altered global economic circumstances, vandalism, exceptional weather conditions and all circumstances that are outside the control of JSP GROUP INTL BVBA and disrupt the normal course of events, without JSP GROUP INTL BVBA being required to demonstrate the unexpected nature of these circumstances.

9.2. The party that relies on force majeure will notify the other party of this and will take all reasonable measures to overcome the temporary force majeure situation.

9.3. If the force majeure situation lasts for a period of more than ninety (90) days, each party has the right to terminate this agreement without any form of compensation being owed to the other party.

10. Transfer

10.1. JSP GROUP INTL BVBA can transfer the agreement or any part thereof to any person, firm or company.

10.2. The Buyer is not entitled to transfer the agreement or any part thereof without the prior written permission of JSP GROUP INTL BVBA.

11. Other

11.1. Disruption or delay by JSP GROUP INTL BVBA in the enforcement – or partial enforcement – of any provision of the Agreement may not be considered a declaration of resignation of its rights under the agreement, now or in the future.

11.2. If at any moment any provision of these General Sales Conditions in any way shall be or shall be found under the applicable law unlawful, invalid or unenforceable, this shall not affect or damage the legality, nor the validity nor the enforceability of the other provisions of the General Sales Conditions nor shall it affect or damage the agreement in any way whatsoever. JSP GROUP INTL BVBA and the buyer shall make all reasonable efforts and take all necessary measures in order to replace any unlawful, invalid or unenforceable provisions of these General Sales Conditions with a legal, valid and enforceable provision that has the same economic scope for the parties and, insofar as legally permitted, with the same original intent of the parties.

11.3. The original version of the General Sales Conditions is established in Dutch. In the event of a conflict, these General Sales Conditions will be interpreted and explained according to the text and spirit of the Dutch version.

11.4. Every notification, complain, question, etc. that concerns or is based on these General Sales Conditions must be done in writing at the address named above. The sender is responsible for demonstrating receipt of every notification.

11.5. These General Sales Conditions apply as long as JSP GROUP INTL BVBA sells Products online via its Website.

12. Applicable law – Authorized court

12.1. These General Sales Conditions are subject to Belgian law.

12.2. Both parties are bound in the event of possible discussions or disputes concerning the applicability or interpretation of these General Sales Conditions to first pursue an amicable solution before beginning legal procedures.

12.3. The authorized courts and tribunals for hearing disputes concerning these General Sales Conditions shall be the courts and tribunals of Brussels (Dutch-language chambers), unless otherwise mandated by legal provision.






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