1.1. The scope of the general terms and conditions herein apply to any offer of Jaegher and any contract concluded between Jaegher and the buyer.
1.2. The general terms and conditions are available to anyone on Jaegher’s website (http://www.jaegher.com). Before the conclusion of the contract, the text of the general terms and conditions herein are provided to the buyer in annex to the offer.
1.3. By confirming the offer and thus by placing an order, the buyer informs that he agrees with the general terms and conditions. The acceptance of the general terms and conditions is required to place an order.
1.4. In case any of these general terms or conditions, for any reason whatsoever, are not valid, the remaining terms and conditions remain fully applicable.
1.5. Unless it is explicitly agreed to in writing, Jaegher does not acknowledge the buyer’s general terms and conditions or clauses.
2.1. The offer contains a comprehensive and accurate description of the offered products. The description is sufficiently detailed so as to allow the buyer to make a good assessment of the offer. Obvious mistakes or obvious errors in the offer do not bind Jaegher. Each offer contains information in a way that it is clear to the buyer what the rights and obligations linked to the acceptance of the offer are.
2.2. Any image, photograph, drawing, etc., any data relating to the weight, measures, colours, illustrations on the labels, etc., on Jaegher’s website are solely an approximation, are indicative and cannot give rise to damages or termination of the contract.
3. THE CONTRACT
3.1. The contract is formed at the time of the buyer’s acceptance of the offer. If the buyer has accepted the offer by electronic means, Jaegher confirms receipt and acceptance of the offer by electronic means.
3.2. After the contract is formed, the buyer is not entitled anymore to modify the offer without Jaegher’s approval.
3.3. Jaegher is always entitled to refuse an order or request or to tie the implementation to particular terms and conditions.
4. WITHDRAWAL RIGHT
4.1. Any product delivered by Jaegher is custom-made and manufactured according to the buyer’s specifications. The buyer agrees that he does not, in any case, have the right to withdraw.
5.1. In principle, the place of delivery is that which the buyer has made known to Jaegher. The buyer is accountable for the correctness and comprehensiveness of the information that he gives. Only if it is agreed to in advance, the products can be retrieved at Pyckestraat 48 Antwerp on the date and time agreed to.
5.2. The presumed deadline required for delivery of the product is 12 weeks for a frame and fork. If additional components are ordered and are still in stock, the presumed deadline of delivery will be 14 weeks. If certain components are not in stock, every effort will be made to limit the delay to a minimum.
5.3. If certain components are not available or if the delivery deadline becomes longer than that stated under 5.2., the buyer is made aware thereof. Even if, in the case of unavailable parts, one attempts to replace those parts with parts at least as valuable, if the buyer agrees thereto, Jaegher reserves the right to cancel the order. The buyer will be informed thereof and his payment will be refunded. A cancellation does not give any right of redress to the buyer. The buyer acknowledges that only the bicycle frame and fork form the essence of the contract. The absence of additional components does not give rise to any cancellation right to the buyer. As the case may be, the bicycle frame and fork will be returned and the balance of the purchase price will be refunded to the buyer.
5.4. The delivery deadlines enumerated under 5.2. only relate to presumed deadlines, which are not in any case binding for Jaegher. Jaegher reserves the right to modify the terms and conditions of delivery after the deadline has expired, without the buyer being able to draw rights therefrom. Delays, if any, in the delivery of products, of any nature whatsoever, can never give rise to any cancellation, payment deferral, damages or price reduction.
5.5. Jaegher’s obligations to deliver are fulfilled as soon as the delivered things are made available to the buyer. The transporter’s report upon delivery constitutes full evidence of the delivery being made available.
5.6. The shipping costs are entirely borne by the buyer. Possible import costs, additional taxes or others costs linked with the shipping are also fully borne by the buyer.
5.7. Jaegher is not liable for any delay or absence of delivery due to the transporter’s wrongdoing.
6.1. Prices are not increased during the period of validity of the offer, unless legal measures make it necessary or if our suppliers apply an increase of price in the meantime.
6.2. All prices displayed on the website are subject to typing errors and misprints. No liability for the consequences of typing errors and misprints is accepted.
6.3. All prices on the website are in euro and including VAT.
7.1. Payment is made exclusively by bank transfer or credit card and takes place at the same time as the order. Shortly after receipt of the payment, the buyer receives an confirmation thereof by email, and the implementation of the order starts. Questions concerning the payment can always be sent to: firstname.lastname@example.org.
8. GUARANTEE AND CONFORMITY
8.1. Jaegher guarantees that the products are conform to the contract, the specifications contained in the offer, the reasonable requirements of solidity and/or usefulness and to the existing legal provisions at the time of formation of the contract.
8.2. Jaegher guarantees that the delivered frame, ordered through the website, is free of material and/or manufacturing errors. The original buyer enjoys a lifelong guarantee thereon, which is not assignable. The buyer must produce a proof of purchase to that end.
8.3. Repairs that fall under this guarantee are only carried out in Jaegher’s workshop.
8.4. Products other than the frame fall under the original supplier’s guarantee.
8.5. However, no guarantee is offered in the following cases:
– Incorrect and/or negligent use of the bicycle and use that is not conform to its destination;
– The damage is caused by a traffic incident or pileup;
– The damage is to be attributed to the normal wear of the bicycle components;
– Non-original components are used for the repairs, or if they are not correctly mounted;
– Technical repairs carried out in a non-competent manner;
– The mounted replacement parts are not conform to the technical specification of the corresponding bicycle or are incorrectly mounted;
– If the proof of ownership or the receipt cannot be produced, or if the owner is not the first owner of the bicycle;
– Incorrect setting/tension of the handlebar, axles, saddle, seatpost, derailleur gears, brakes, quick release of the wheels and saddles;
– The replacement of parts such as brake/derailleur cables, brake pads, tires, chain and sprockets;
– Influences of the weather such as the normal wear of paint or rust.
8.6. The buyer has the obligation to control the goods delivered immediately upon delivery. If it appears that the goods delivered are not conform, the buyer must (before returning it to Jaegher) notify the defects to Jaegher in writing immediately. Possible defects or wrongly delivered products must and can be notified to Jaegher in writing at the latest 8 working days after delivery. The absence of such writing is considered to be an acceptance of the delivered goods.
8.7. Considering the Jaegher products are handmade, slight deviation from the original, personalized offer adapted to the buyer can occur. It concerns, inter alia, small deviation relating to the weight, measures, colours, illustrations on labels, etc. The buyer confirms by accepting the offer that these possible deviations do not form an essential part of the contract and these deviations cannot give right of redress.
8.8. Reshipment of the things must be done in the original packaging (including accessories and additional documentation) and in perfect condition. The use after observing the defects, the deterioration arisen after observing the defects, the charges and/or the resale after observing the defects, render this right to complaint and reshipment null and void.
8.9. No product can be returned without Jaegher’s prior approval in writing. This approval is not to be considered as an acknowledgement.
8.10. Any transport, insurance or other costs linked to the reshipment of the product are borne by the buyer.
8.11. If Jaegher deems the buyer’s claims to be justified, Jaegher shall either replace the delivered things without costs or pay the replacement value thereof, in its sole discretion. The liability is moreover always limited to the amount of the invoice of the corresponding product. Jaegher’s liability for any form of damage is excluded, including additional damages of any form whatsoever, redress for indirect damages or consequential damages or damages from shortfall in earning.
9. FORCE MAJEURE
9.1. Jaegher is not liable if and insofar as its obligations cannot be fulfilled as a result of a force majeure.
9.2. “Force majeure” means any external cause, as well as any circumstance, for which Jaegher cannot reasonably be held liable. Delay or wrongdoing from our suppliers, Internet breakdown, power outage, failures in email traffic, failures or changes in technologies supplied by third parties, traffic problems, strikes, measures from the authorities, delays in supply, negligence from Jaegher’s suppliers and/or manufacturers as well as auxiliaries, personnel sickness, defects in means of auxiliary or transport, are expressly considered as cases of force majeure.
9.3. In case of force majeure, Jaegher reserves the right to suspend its obligations and is also entitled to terminate the contract in whole or in part, or demand that the content of the contract is changed in a way that its implementation remains possible. Jaegher cannot in any case be held to the payment of fines or damages.
10. APPLICABLE LAW/COMPETENT COURT
10.1. Belgium law is applicable to any contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
10.2. Tribunals of the West-Flanders judicial arrondissement are exclusively competent for disputes arising from a contract between Jaegher and the buyer which cannot be solved through a mutual agreement.
The terms and conditions of use apply to the www.jaegher.com website. By using this website, you acknowledge that you are bound by these terms and conditions of use, accept and shall observe the same. This website is administered by Jaegher bvba (hereinafter “Jaegher”). For additional information, please send an e-mail to email@example.com.
2. INTELLECTUAL PROPERTY RIGHTS
The texts, drawings, photographs, films, images, data, software, names, domain names, commercial brand names, trademarks, logos and other data used on this website are protected by intellectual property rights and are owned by Jaegher or third parties. Unless first authorised in writing by Jaegher, saving (with the exception of as required to view this website), reproducing, modifying, disclosing, distributing or sending, selling, renting the information or assigning the rights thereto to a third party, by any means whatsoever, are prohibited.
3. PERSONAL DATA
Jaegher only gathers personal data provided on a voluntary basis. By completing and sending an order form or sending an e-mail, the user authorises Jaegher to save his/her personal data in a file for the purpose of automatically profiling users, customer management, market studies and sending mail by post. You have the right to freely refuse the use of your data for direct marketing purposes. You may send your requests to consult, modify or delete data relating to you at firstname.lastname@example.org.
4. AUTOMATIC COLLECTION OF NON-PERSONAL DATA
Jaegher may gather anonymous or incorporated non-personal data such as the version of the browser or IP address, operating system that you use or the domain name of the website directing you to Jaegher’s website or viewed on leaving Jaegher’s website.
6. INFORMATION ON THE WEBSITE
The information available on this website is potentially not free from all errors. Jaegher shall not assume liability for the integrity, reliability, appropriateness or accuracy of the information. The information is provided and released subject to no other warranty. Jaegher shall not assume liability in the event of a virus attack where such virus occurs in spite of the precautionary measures taken. Jaegher refuses all liability for the damage caused by such virus. Jaegher expressly reserves the right to amend the information on the website at any time.
7. LINKS TO OTHER WEBSITES
This website may contain hypertext links or direct in any other way to other websites or web pages administered by third parties. Jaegher does not have a right of supervision over the content or features thereof. The fact that Jaegher proposes links does not under any circumstances imply any implicit approval of the content of these websites or pages.