General conditions of sale

Juggle Angels General Conditions of Sale.

Preamble

The present terms are entered into between,

The private limited company JUGGLE ANGELS which has share capital of 20000 euros, and has its registered office at Rue Washington 128 bte 22, 1050 Brussels, registered on the Registre du Commerce et des Sociétés (Commercial and Companies Register) with no. 826 392 785, intra-community VAT no. BE 0826 392 785, tel.: + 32 (0)2 647 00 71, and,

Any individual wishing to make a purchase through the Juggle Angels website http://www.juggleangels.com hereafter referred to as “the user”.

The parties mutually agree that their relations will be governed exclusively by this present contract, to the exclusion of any condition previously available on the website.

The General Conditions of Sale are subject to Belgian law.

Any dispute generally arising in terms of the interpretation of the contract or its execution will be exclusively the jurisdiction of the courts in Brussels under Belgian law.

ARTICLE 1 – Scope of application

The present General Conditions of Sale apply to all Orders placed on the www.juggleangels.com website. They aim to define the terms of sale between Juggle Angels and the user, from the ordering of services to payment and delivery.

The present General Conditions of Sale prevail over any other conditions, general or specific.

Use of the www.juggleangels.com website, as well as any Order placed with or sent to the private limited company Juggle Angels sprl in particular through the website, necessarily implies, as an essential and determining condition, the unreserved acceptance of the present General Conditions of Sale by the User and the Client.

Juggle Angels reserves the possibility of adapting or modifying the General Conditions of Sale at any point. From the date of a new version being put online, the act by any person of Ordering a Product entails their full and entire acceptance of the new version of the General Conditions of Sale which they acknowledge having read prior to placing the Order.

ARTICLE 2 – Definitions

2.1 The definitions of Juggle Angels

The Services: all of the services offered by the company Juggle Angels on its website in general, including in particular the distance selling of Products and goods on the internet.

User: any person who is registered on the Juggle Angels website.

Client: any user creating a commercial relationship through the online purchase of Products or services offered by the company Juggle Angels on its website. Clients are deemed legally able to place an Order, and capable of entering into a commercial transaction with Juggle Angels.

The Order: any Order made by a Client under the conditions stipulated in this document.

2.2 The commitments of Juggle Angels

Juggle Angels is committed:

- to presenting and describing its products accurately in order to “enable the consumer to know the essential characteristics of the goods before entering into the contract” in accordance with the Consumer Code. However, Juggle Angels cannot be held responsible for errors which might occur on the website;

- upon an Order being accepted, to selling and delivering the Products ordered in accordance with the General Conditions of Sale.

ARTICLE 3 – Creation of a Client account

Any new Client of Juggle Angels must, when placing an Order, create an account by entering their contact details (surname, first name, postal address, email address, telephone number, language and user name) and a password.

All information of a personal nature which is recorded and processed is subject to the provisions of article 14 below.

ARTICLE 4 – Orders

After placing an Order, the client has the chance to check the details of the Order as well as the total price and to correct any possible errors, before confirming this by expressing their consent on the screen showing a summary of the Order, and proceeding to the stage of paying for the Order.

Clicking on the “Payment” button entails full and entire acceptance of the General Conditions of Sale, and of the prices, volumes and quantities of the Products ordered.

From the point of this final click, the Order is binding and can only be challenged in cases limited to those set out hereafter.

Juggle Angels then sends a confirmation email confirming the Order as well as providing delivery details.

ARTICLE 5 – Data storage

All information recorded and stored in Juggle Angels’ computer systems, constitutes proof of any communication and transactions made between Juggle Angels and the client.

ARTICLE 6 – Range and availability of Products

Our ranges of Products are valid as long as they are displayed on the website. The photos representing the Products only have an indicative value, due to distortions which may arise from their transcription onto the website.

In any case, Juggle Angels cannot be held responsible for any damages resulting from the unavailability of a Product or service.

ARTICLE 7 – Sizes and measurements

Juggle Angels clothes are sized according to children’s ages. A key to sizes is provided on the website showing the child’s age, height and the length of the Product in cm.

ARTICLE 8 – Price

All prices shown on the website are in euros and include taxes (VAT at 21%), but do not include transport costs which are listed separately.

These take into account the VAT applicable on the day of the Order. Any change to the VAT rate will automatically be passed on to the price of Products. Juggle Angels reserves the right to change its prices at any time, but it pledges to apply the tariffs which were in force and which were indicated at the point when the Order was made.

For any foreign Client who is entitled to apply Intra Community VAT, it will be possible to order exclusive of VAT and to receive an invoice.

ARTICLE 9 – Payment terms

The client can make payments using one of the payment methods indicated on the website.

The transaction will be finalized after the Order has been confirmed, and the payment will be effective from the point at which the Client’s bank has confirmed its agreement with Juggle Angels’ bank. In the case of a refusal to pay by the Client’s bank, the Order will automatically be cancelled.

Clients guarantee that they are fully authorised to make payments by credit card, and that the credit card being used has sufficient funds for covering the costs of the commercial transaction resulting from the Order. Payment for purchases from Juggle Angels is made secure through SSL (Secure Socket Layer) encryption, which reinforces collaboration with PAYBOX, a European secure online payment company. The protection system used is currently one of the most reliable available.

Every stage of the payment process carried out between the purchaser and PAYBOX is fully encrypted and protected.

This means that information relating to the Order and the bank card number do not circulate on the internet in a non-encoded form.

•    The bank card number is not printed on any invoice, credit card slip or any other paper document.

•    Juggle Angels has no knowledge of card numbers.

•    PAYBOX does not store card numbers after having passed the payment transaction to Juggle Angels’ bank.

As such, no person has access, either electronically or through printed documents, to buyers’ card details.

The risk of having a bank card number “hacked” after making a purchase through a website equipped with the PAYBOX SYSTEM is nil.

Juggle Angels reserves the right to suspend or cancel any Order and/or delivery in the case of any default in payment and to refuse an Order from a Client with whom there might be any dispute, past or present.

ARTICLE 10 – Delivery

Orders are delivered to the delivery address supplied by the Client during the process of Ordering online, and according to the terms specified there. Deliveries are made by La Poste/De Post or by another delivery service provider, with delivery charges being calculated by the website system during the order process, based on the destination and the weight of the package. Juggle Angels uses the La Poste “Taxipost 24h” service for Belgium and the “Taxipost international Business” service for deliveries to Europe and the rest of the world.

Delivery charges are payable by the Client. The timeframe for delivery will depend on the destination country of the package and on the bank checks which are required. In the case of any delay, you will be contacted by telephone or by email. Juggle Angels is committed to making deliveries of articles ordered in the shortest time possible.

The average delivery times observed for available articles are 3 to 7 days for European countries and 5 to 9 days for the United States and the rest of the world.

The merchandise always travels at the client’s risk, and the client must check that the merchandise is in good condition when the package arrives. The client has a period of 48 hours in which to express any possible reservations to Juggle Angels in the case of the Product being missing or damaged as a result of its transport.  

The delivery will be accompanied by an invoice listing the goods delivered. The Order will be given to the Client or to any other person present at the delivery address or who can accept on the Client’s behalf. Packages must be signed for. If there is nobody available to receive the Order when it is delivered, an advice notice will be left, and the Client will have to get in contact with the courier company in order to obtain the address where the Client can collect their package. Juggle Angels endeavours to respect delivery timeframes, but cannot be held responsible for possible delays in the handling of Orders or in their delivery.

The system of control carried out at the time of delivery of the Order by the carrier will constitute the presumption of successful delivery of the Order (and of its safe reception by the Client), which constitutes proof, unless evidence to the contrary is supplied by the Client.

If a Product which has been ordered does not arrive at the delivery address supplied within a period of 30 calendar days after the Order has been confirmed, it is the Client’s responsibility to get in contact, within 7 working days, with Juggle Angels through the “Contact” tab on its website. Complaints cannot be accepted after this period of 7 days has elapsed.

Products which are received late can be returned on the condition that they are sent back as new, in their original packaging which must also be in perfect condition, and they must be accompanied by the invoice. Any returns for which the sender cannot be identified will be refused. Once the period of 7 days has elapsed, Juggle Angels will no longer be in a position to accept the returned goods, and can return them to the sender. Returns must be made to the address of Juggle Angels. The refund of the Order will be made no later than 30 days after the Products have been received by Juggle Angels, on the condition that all of the terms and conditions governing returns have been strictly adhered to. The amount refunded will in all cases be limited to the actual sums paid by the Client.

ARTICLE 11 – Nonconformity

All of the Products and services offered by Juggle Angels are described in good faith and as accurately as possible. The images shown on the website however have no contractual value. Juggle Angels does not accept any responsibility relating to errors which might appear in the descriptions of Products and services. However, on the condition that these have been brought to its attention in writing, Juggle Angels is committed, to the extent that it is within its means, to rectifying these errors in the shortest time possible.

Failing this, nonconforming Products will be exchanged – within the limits of available stock – or refunded. However, no Product can be exchanged or refunded before it has been returned and received by Juggle Angels, or delivered by the latter, and the original of the invoice must be enclosed.

The refund or delivery of the new Products by Juggle Angels will take place within 30 days of the nonconforming Products being received. In such a case, the refund or the delivery of the new Products will not be subject to any charge payable by the client.

If the Product or service delivered does not correspond to the specifications of the invoice, the Client can return it within a period of 14 calendar days from the day after the delivery date of the Order. The Client can then choose to be reimbursed, or to be sent a similar Product, depending on availability. Once this period has elapsed, complaints and returns will not be received or accepted.

The cost of returning items will be refunded by Juggle Angels to the Client in the form of a voucher to be used towards their next purchase. Proof of these charges must be enclosed in the package being returned. If this is not the case, the charges will not be reimbursed. All returns must be sent by registered post or by a courier service and the Client must keep a copy of the proof of posting.

ARTICLE 12 – Right of withdrawal

In accordance with the Belgian law of 14 July 1991 concerning business practices and consumer information protection, amended by the law of 25 May 1999, the consumer has the right to notify the vendor that they are withdrawing from the purchase, without penalties and without giving any reason, within 14 calendar days dating from the day after the delivery date of the Product or the conclusion of the service contract. This right of renunciation does not apply to professional buyers.

Product returns must be sent to the address of Juggle Angels.

The Client can return Products which they do not find suitable, and demand a refund without incurring penalties, with the exception of the charges associated with returning the goods which are payable by the Client.

This right of withdrawal can in no case be exercised if the Product delivered is not in perfect condition and as delivered by Juggle Angels.

In particular, the Product must be returned adequately protected, in its original packaging, in perfect condition for resale (not damaged, spoiled, worn or dirty) along with any accessories where relevant, and accompanied by the original sales invoice, of which the Client must keep a copy. Returned packages cannot be accepted if there are no aspects of the enclosed documentation which allow the sender to be identified (Order number, surname, first name and address).

Juggle Angels promises to make any exchange – within the limits of available stock, or a refund by bank transfer, within a maximum period of 30 days after the Client has exercised their right of withdrawal, in return for the Product being sent back.  

The amount refunded will in all cases be limited to the actual sums paid by the Client. If a purchase voucher (issued following the return of a nonconforming Product) has been used towards payment of an Order which has been withdrawn, the total amount including the purchase voucher will be reimbursed. The purchase voucher will therefore no longer be reusable.

ARTICLE 13 – Retention of title

Juggle Angels expressly retains the ownership of Products delivered until full payment of their price in principal and interest has been received.

The above provisions shall not prevent the transfer of the risks of loss or damage to the Client.

ARTICLE 14 – Data processing and liberties

Juggle Angels reserves the right to gather information of a personal nature relating to clients, in particular when a Client account is created.

This information will not be passed on to third parties without prior permission from the client.

Moreover, this information is only intended to be used by Juggle Angels for handling Orders and for improving services offered on the website (communication through information emails, personalisation of the website based on client preferences, etc.).

However, Juggle Angels reserves the right, for commercial purposes, to pass on a client’s identity and contact details to a business partner, after having informed the client and having given them the opportunity to exercise their right to object.

In addition, and in accordance with the “Private Life Law”, the client has a right to access, modify, rectify and remove any personal information concerning them.

To exercise this right, the client must send an email to info@juggleangels.com. The client can also make the request by writing a letter to Juggle Angels, Rue Washington 128 bte 22, 1050 Brussels, Belgium.

ARTICLE 15 – Responsibilities

15.1. Responsibility in terms of the process of selling online:

In the process of selling online, Juggle Angels is bound only by a best efforts obligation. In particular, it cannot be held responsible:

- for any damage resulting in particular from the use of the Internet such as any loss of information, intrusion, virus, breakdown in service,

- in the event of any force majeure or accidental circumstances, including, but not limited to, total or partial strikes in particular by La Poste, disasters, fires, faults or failures in the Internet, the telecommunications network or the electricity grid, or any external intrusion or presence of computer viruses, and any event generally which prevents the satisfactory fulfilment of Orders.

15.2. Responsibility in terms of the Products sold:

Save as otherwise provided by law, Juggle Angels cannot be held responsible:

- in the event of an error in one of the photographs or texts illustrating the Products;

- in the event of harm or injury of any sort, whether tangible or intangible, which might result from the misuse of Products;

- in the event of the Product being unavailable or out of stock;  

Whatever the circumstances and without limiting the stipulations mentioned above, the responsibility of Juggle Angels will be limited to the sums paid or payable at the time of the Order which gave rise to the aforementioned responsibility, whatever the cause or form of the action concerned.

ARTICLE 16 – Intellectual property

All aspects of the website, and in particular the texts, comments, illustrations and images, whether visual or audio, are protected by intellectual property rights and are and remain the exclusive intellectual property of Juggle Angels.

Any reproduction, imitation, exploitation, distribution or use of any sort, even partially, of any element of the website is strictly forbidden, without the prior consent of Juggle Angels.

The stipulations set out above apply equally to any exploitation, in particular for promotional or advertising purposes, of the Juggle Angels name and logo.

If any person having their own website wishes to place, for personal use, on their site, a link which connects directly to the Website, that person must request prior written permission from Juggle Angels.

In all cases, any link which has not been authorised must be removed upon the simple request of Juggle Angels.

Juggle Angels is, moreover, the holder of all of the intellectual property rights attached to its Products.  

Any reproduction or imitation of Products without the consent of Juggle Angels is therefore strictly forbidden.

ARTICLE 17 - Duration

The General Conditions of Sale apply throughout the entire duration of the time that the Products and services offered by Juggle Angels are online on its website.