General Terms and Conditions of sales (“GTC”)
IN ACCORDANCE WITH OUR ECOLOGICAL APPROACH, WE WORK EXCLUSIVELY IN PRE-ORDER. THIS ALLOWS TO GENERATE LESS WASTE AND ALSO TO CALCULATE YOUR COSTS AS ACCURATELY.
PLEASE NOTE: ALL PURCHASES THAT YOU MAKE IN PRE-ORDER ARE THEREFORE PURCHASES THAT WE PRODUCE “CUSTOM”. RETURNS ON THESE ORDERS ARE THEREFORE NOT ACCEPTED.
This English version is for information purposes only. In the event of any dispute on the interpretation of these GTC, the French version prevails.
1. LEGAL NOTICES
The website www.justatshirt.shop (hereinafter, the ‘Website’) may be accessed by anyone using the Internet.
It is published by:
Avenue des Volontaires, 19
It is hosted by: https://www/fastcomet.com
The host allows Jats to offer items of clothing (hereinafter, the ‘Product(s)’) for purchase by persons browsing on the Website (hereinafter, the ‘Customer(s)’).
The Website also allows Products to be pre-ordered. When placing a pre-order, the Customer acknowledges that if the target for the number of pre-ordered items indicated by Jats himself for each Product is not reached by the maximum pre-order date, they will be refunded for the full amount they have paid, and the pre-order Product will not be manufactured. As production is limited, if the Customer purchases a Product that is not in stock, they accept that they may not change the size after receiving it.
Pre-order is defined as the purchase intention manifested by a customer before the manufacture of the requested product
Order is defined as the customer requests a good or a service within a specified period.
In view of the above, the Customer confirms they have read, without reserve and irrevocably accepts, the present GTC. As such, the Customer confirms they have been made fully aware of the fact that their acceptance of the present GTC does not require this document to be physically signed when purchasing any of the Products available on the Website.
Jats reserves the right to adapt or make changes to the present GTC at any time. It is agreed that if changes are made to the GTC, the version of the GTC governing an Order or Pre-Order will be the one published on the Website on the day said Order or Pre-Order is placed.
Jats presents the characteristic of the Products on its Website. As such, before placing their Order or Pre-Order, the Customer is able to find out about the key features of the Product(s) they wish to purchase.
Products offered for sales will only be available for as long as stock lasts.
Pre-order Products on the Website must be pre-ordered by the date indicated.
Photos of Products are intended for indicative value only. These photos, in addition to the texts accompanying the Products, have no contractual value.
The prices on the Website are given in euros and pound sterling and include VAT. Jats reserves the right to change these prices at any time and without notice. However, the Customer will be charged the current price at the time when they place their Order or Pre-Order.
Prices do not include delivery costs, which are charged separately. Such costs are detailed before the Customer confirms their Order or Pre-Order.
Prices include VAT at the rate applicable on the date the Order or Pre-Order is placed, with any change to the rate of VAT being automatically reflected in the prices of the Products on the Website.
Orders and Pre-Orders must be paid for in full when placed. Under no circumstances may amounts paid be considered a deposit. These prices are guaranteed, except in the event of typographical or printing mistakes.
The prices of Products to be shipped outside the European Union will be without VAT. In such cases, the Customer is considered as importer of the Product(s) in question. Where customs duties, import taxes or similar are applicable due to the geographical destination of the Product(s), these must be paid by the Customer. As such, the Customer is advised to check this and complete any necessary formalities before placing their Order or Pre-Order.
Products must be paid for in euros and pound sterling on the day the Order or Pre-Order is placed. There is one payment method for allowing Customers to pay for their Order or Pre-Order, namely:
Credit or debit card. To pay by credit or debit card, the Customer must give its card number, its expiry date and the CVV number on the back. In order to ensure online payments are secure, the Customer is transferred on a payment platform provided by the company Stripe, which ensures the collection of payment information and payment itself is secure. The Customer expressly acknowledges that by giving their credit or debit card number to Jats through the company Stripe, he authorises it to be charged for the Products ordered or pre-ordered. Jats disclaims all liability for the payment transaction made through the Stripe company.
The following cards are accepted: Visa, Mastercard, Bancontact.
Regardless of the payment method used, Jats will cover the bank charges that are occasionally applied by banks, up to the amount of the processing fees charged by the company Stripe. All payments are made via Stripe. The Customer will be charged for all other costs, regardless of their nature.
Jats reserves the right to suspend or cancel any Order or Pre-Order, as well as delivery, if payment by credit or debit card is declined or payment is not made in full. In particular, Jats reserves the right to refuse to deliver Products or fulfil an Order or Pre-Order where the Customer in question has failed to pay in full or in part for a previous Order or Pre-Order, or where there is an ongoing dispute relating to payment.
Products delivered remain the property of Jats until payment is made in full. The Customer becomes responsible for the Products upon delivery.
Electronic records kept on IT systems belonging to Jats will be as considered proof of correspondence, Orders, Pre-Orders and payments involving the parties, said records being protected using reasonable security measures. Order and Pre-Order records and invoices are kept on a reliable and durable means of storage, and may be used as proof where necessary.
5. ORDERS AND PRE-ORDERS
Orders and Pre-Orders are confirmed when the Customer clicks on the “pre-order” button.
By placing an Order or Pre-Order, the Customer confirms they accept the GTC and the key features of the Product(s) in question.
When an Order or Pre-Order is received, a confirmation email with details of it (Product(s), price(s), availability of Product(s), quantity(ies), etc.) is sent to the Customer by Jats. For this purpose, the Customer gives his consent for Jats to send them an email confirming and giving details of his Order or Pre-Order. In any case, a printed invoice is sent out with all Orders.
If the minimum target for a Pre-Order campaign is not reached, Jats will contact the Customer at the end of the campaign to inform him that production will go ahead or that Jats will process refunding. In that first case, Jats must refund the Customer within fourteen (14) days from when his Pre-Order is cancelled. In terms of Orders involving Products that are in stock, these are processed within 7 days from the day after they are placed by the Customer.
If a Product ordered is not available, including where this is caused by an issue with a supplier, the Customer will be informed of this as soon as possible and will be given the option of cancelling his Order. The Customer may then choose a different Product within a maximum of fourteen (14) days from being informed of the above, or opt for a refund.
Refunds will be made within fourteen (14) days from when the Order is cancelled.
6.1 Delivery Address
Products are shipped to the delivery address given by the Customer. This may be the home address of the Customer or any other individual of their choice, providing the details of said address are given correctly when the Order or Pre-Order is placed. The delivery address may not be a hotel or post office box.
The Customer must ensure the personal details they are required to provide are accurate and complete. In the event of the contact details of the recipient not being correct, Jats may not be held liable for being unable to deliver the Product(s) in question.
6.2 Delivery Times
Delivery times are given during the Order or Pre-Order process. These are given for indicative value, given in business days and represent average processing and delivery times. As JATS is dependent on external service providers, it cannot guarantee that any delay is impossible.
The Customer acknowledges that, in the case of Pre-Orders, delivery times are longer. The estimated delivery time is given in the product information when making a purchase, and in the Order or Pre-Order confirmation email. In terms of Pre-Orders, delivery times depend on the time needed to manufacture the Product(s) in question, as well as the number of items to be produced.
Jats may not be held liable for the consequences of a delay in delivery which is beyond its control or is caused by force majeure.
6.3 Receiving Products
Products are deemed to have been delivered once they have been handed over to the Customer by the carrier, this being recorded on the system used by the latter.
Upon receiving the Product(s), the Customer must check the condition of its packaging and indicate any damage caused by the carrier on the delivery slip, as well as inform Jats of this within three (3) days of delivery, by sending an email to [email protected] or a message using the contact form on the Website.
The Customer may request to have their invoice sent to the billing address and not the delivery address.
Delivery costs shall be paid by the customer regardless of the country of delivery. Return costs shall be covered by Jats where the Customer chooses to exercise their right in the event of a lack of conformity
7. RIGHT OF WITHDRAWAL (COOLING-OFF PERIOD)
Since the Products are in pre-orders, they fall within the scope of custom-made goods, so no right of withdrawal is applicable. No returns linked to pre-orders will therefore be accepted.
For more information, please refer to the article of law.
8. RETURN AND REFUND PROCEDURE
The Customer must let Jats know they wish to return a Product in case of a lack of conformity using the email address [email protected]
Products must be returned by the Customer within fourteen (14) days from when they inform Jats they wish to exercise their right of withdrawal.
In order to return a Product, the Customer must return it in its original packaging.
If the Product is lost or damaged while being returned, the Customer will be responsible for this.
Products which are not returned within the period and in the conditions detailed above will not be refunded or exchanged by Jats.
Products must be returned to:
Avenue des Volontaires, 19
Jats undertakes to issue refunds for Orders and Pre-Orders within fourteen (14) days. This period begins on the date on which the returned Product is received by Jats.
Refunds will be made to the credit or debit card used by the Customer to pay for their Order or Pre-Order. If you have changed banks, remember to give your new account details to your old bank.
9. APPLICABLE LAW
The present GTC are subject to Belgian law. In the event of a dispute or claim, the Customer must first contact Jats in order to reach an amicable solution.
The Customer is informed that they may use the free mediation services of an ADR (Alternative Dispute Resolution) provider in order to find an amicable solution to a dispute with the help of a professional. The mediation services of a consumer ADR provider may be used for all national and international disputes between a consumer and trader relating to the performance of a sales or service provision contract.
Applications may not be accepted by an ADR provider where:
1° The Customer is unable to show he has attempted to resolve the dispute directly with Jats by way of a written complaint which fulfils all requirements in place for this purpose.
2° The dispute is clearly unfounded or abusive.
3° The dispute has been examined or is currently being examined by another ADR provider, or by a court or tribunal.
4° The consumer has submitted his application to the ADR provider more than a year after sending a written complaint to Jats.
5° The dispute does not fall within their field of expertise.
ADR providers have three weeks from receiving a case in which to inform the consumer concerned if they are refusing to deal with it.
In the absence of mediation services, disputes will be referred to the courts or tribunals within whose geographical jurisdiction the company’s registered office lies.
10. DATA PROTECTION
In order to provide the services offered by the Website, Jats may need to process your personal data, particularly the personal data provided when you register or place an Order or Pre-Order on the Website.
Only personal data belonging to the Customer which is strictly necessary for processing their Order or Pre-Order and allowing the commercial relationship with them to be maintained and followed up, as well as personal data required for internal statistical purposes, will be collected. The data may be shared with the companies which intervene in said relationship, such as those which provide any of the services on the Website (e.g. the payment platform) or allow Jats to fulfil Orders or Pre-Orders (e.g. carriers). These data are also kept for purposes relating to security and identification, as well as for improving and customising the services offered.
The Customer has the right to access his personal data, have them rectified and object to its processing at any time. In order to do this, he must send an email to [email protected], and their request will be processed immediately.
Jats may send the Customer marketing material relating to Products or services similar to the ones they have previously ordered or pre-ordered, as well as newsletters. The Customer has the right to object to further processing at any time and free of charge by clicking on the ‘Unsubscribe’ link included in each email.
Update on 27/01/2021