Effective date: 01/10/2023

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Introduction

 

These general conditions of sale (hereinafter the “ Conditions ”) apply between, on the one hand, the SRL JTC Way , registered with the Banque Carrefour des Entreprises under number 0777.702.052 and whose head office is located at Rue de l'Etang 4b, 1315 Opprebais, Belgium (hereinafter " JiTi ", " We ", " us/our "), and on the other hand any natural or legal person (hereinafter " Client ", “ You ”, “ your ”) entering into a contract with Us.
 

These Terms constitute a legally binding contract between You and Us. All other general conditions of the Client are therefore deemed to be excluded and not accepted within the framework of this contractual relationship. By concluding with Us, You agree to these Terms.
 

The most recent version of the Conditions can be consulted by clicking at the bottom of our website www.JiTi.be. However, we reserve the right to modify these Terms in accordance with Section 4. 
 

These Conditions are translated from French into other languages ​​(English and Dutch). These are unofficial translations, provided for convenience only. They must therefore be interpreted in accordance with the official French version which will prevail in the event of discrepancy/doubt with the translation. JiTi assumes no responsibility for any errors, omissions or ambiguities in translations. 

 

You can always contact Us with questions via Section 19 or by email at: info@jiti.be .
 

Definitions

Each of the expressions starting with a capital letter have, in these Conditions, as well as in any related document, unless expressly stipulated otherwise, the following meaning (the same terms and expressions not starting with a capital letter will be deemed to have their usual meaning):
 

“ Client(s) ” means any natural or legal person who enters into a Contract with JiTi;

“ Conditions ” means these terms and conditions as amended from time to time;

“ Contract ” means the contract concluded between the Client and JiTi, formalized by all of the following contractual documents: (i) These Conditions, (ii) the invoice(s), and (iii) any special conditions freely determined by the Client and JiTi (such special conditions must necessarily be in writing and expressly accepted by US). 

“ Party(ies) ” means collectively or individually Us and/or You; 

“ Product(s) ” means the food and non-food goods offered for sale by JiTi as defined in Article 5;

“ Website ” means the JiTi website accessible at the following address: www.JiTi.be ;

“ GDPR ” means Regulation (EU) No. 2016/679, including its amendments, and any equivalent or corresponding national law or regulation in Belgium specifying the GDPR.

 

Availability and enforceability of conditions

The Conditions are made available to Customers on our Website. They are also sent to You by email when invoicing Products. 

 

Our Conditions can also be communicated upon simple request by email to: info@jiti.be .
 

Changes to our conditions

We may occasionally make changes to the Terms for valid reasons, such as legal or regulatory reasons. 

 

In the event of a material change to our Terms, We will notify You by means of appropriate notifications, for example, by displaying a prominent notice on our website and/or requesting your consent, and/or by sending You an email. We recommend that You read these notices carefully. 
 

Products

The Products offered by JiTi are essentially food products, including, but not limited to, a range of sweet granolas, a range of savory granolas, a range of cashew nuts and recipe books. The complete ranges of Products can be found on the JiTi website accessible via the following link: https://www.jiti.be/shop/.

 

Prices, orders and delivery

Prix 

All prices on our website are indicated in euros (€), taxes and VAT included. They do not include transport costs which are calculated and indicated separately. JiTi reserves the right to modify its prices at any time, but the invoice respects the prices which are in force at the time of registration of the order. 

 

Order 

Upon receipt of the order, JiTi will confirm the Customer's order by sending a message to the e-mail address that the latter has encoded/communicated unless the Customer expressly requests confirmation of another type. JiTi cannot under any circumstances be held responsible for errors made by the Customer in the wording of the quote details (delivery address, billing address in particular) and for delivery delays that these errors could cause. Invoices are communicated only in electronic format. The Customer expressly accepts the means of communicating invoices, ie electronically. We are not responsible for the successful receipt of emails in your mailbox (eg: voluntary movement of our transactional emails by the Customer to their SPAM mailbox).

 

Delivery

Due to the uncertainties that exist regarding compliance with delivery times of orders, the availability of raw materials for the preparation of the Products, the delivery times provided by JiTi to the Customer constitute our best estimates and do not constitute a commitment on our part. . JiTi undertakes to make commercially reasonable efforts to meet the announced deadlines. 

 

Reservation of title

In the event of non-payment by the buyer of all or part of the order price, JiTi reserves, until full payment, a right of ownership over the products sold, allowing it to regain possession of said products.
 

Payment  terms

Billing 

The Customer undertakes to pay each invoice within seven (7) calendar days (unless otherwise agreed) following receipt, by transfer of immediately available funds to a bank account designated in writing by JiTi on the invoice. Any dispute concerning an invoice must be raised within fifteen (15) calendar days following the date of the invoice, failing which, the latter is presumed accepted by the Customer.

 

Payment delays 

In the event of late payment, the Customer will be liable for late payment interest at the annual rate of 10% and a fixed compensation of 40EUR per invoice, without prejudice to JiTi's right to claim compensation for all of its damage. if it exceeds this amount. Non-payment of any due date will automatically result in the entire remaining balance due. Furthermore, if the Customer does not make full payment due to JiTi under the Contract within 30 calendar days of receipt, We reserve the right to suspend or cancel the order. We will not be liable for any costs or losses You incur (directly or indirectly). 

 

Exchange and Refund Policy

Introduction

We are committed to providing high quality products to Our Customers. If You are not completely satisfied with Your purchase, We are here to help You.

Trades

Items are only exchangeable within fourteen days of purchase if they are defective or damaged. To exchange it for the same flavor, please contact by email: info@jiti.be and return the product to: SRL JTC Way, Rue de l'Etang 4b, 1315 Opprebais, Belgium

Refunds

Once We receive Your item, We will inspect it and notify You that We have received Your returned item. We will notify You immediately of the status of Your refund after inspecting the item. If Your return is approved, We will issue a refund to the original payment method. Shipping costs are not refundable.

Shipping Costs
You will be responsible for shipping costs for returning Your item.

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Intellectual property

The Customer is not authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, any element of our website or our recipe books offered for sale, whether visual or sound, and in particular recipes, brands, domain names, images, videos, texts, graphics and iconographies, including the selection, arrangement and coordination of these, or more generally any information subject to property rights intellectual property without the express prior written permission of JiTi. The latter reserves the right to take any necessary recourse in the event of violation of its intellectual property rights.

 

Guarantees, liability and exemption 

Guarantee and exemption

The Parties acknowledge and agree that these Terms set forth their entire liabilities and remedies with respect to any matter/dispute contemplated in these Terms. 

 

Limitation of liability

Notwithstanding any other provision of these Conditions, JiTi is not liable to the Customer for loss of profits or contracts, loss of data, loss of goodwill or other special, indirect or consequential losses, whether resulting from negligence , breach of contract or otherwise, except in cases of gross negligence or willful misconduct. Nothing in the Contract shall have the effect of excluding or limiting JiTi's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and gross negligence, if required by applicable law. . Without prejudice to the provisions of these Conditions and to the extent permitted by law, if JiTi is held liable under these Conditions to the Customer, the damages due under this liability will be limited, except in the event of serious negligence or willful misconduct, to the amount of the costs actually paid by the Customer, before the event giving rise to the claim, or to the value of the Product put into service. cause. JiTi will not be held responsible, or considered to have failed to comply with these Conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a force majeure event in accordance with Section 11.
 

Protection of personal data

The Parties will comply with all applicable laws regarding the protection of personal data. As part of our Contract, JiTi may collect personal data. This data will be processed in accordance with the purposes intended during collection. 

 

In the event of resorting to subcontracting within the meaning of the GDPR, JiTi is required to appoint a subcontractor who complies with applicable data protection laws and takes appropriate technical and organizational measures to guarantee the proper processing of data. of a personal nature.

 

You will find more information on the processing of your personal data, as well as the exercise of your rights (eg the right of access, rectification, deletion, opposition, etc.), in our “policy confidentiality” accessible on our Website. 
 

Force majeure

The Parties will not be liable in the event of non-performance or delay in performance resulting from a case of force majeure (as defined by the jurisprudence of the courts and tribunals), such as a war, epidemic, pandemic, catastrophe. natural, general interruption of the electrical network, the Internet or telecommunications, government measures or restrictions of public authorities (without this list being exhaustive), or any other event beyond the control of the obligating Party. In the event of force majeure, the Parties will endeavor, as far as possible, to put in place reasonable alternatives in order to continue to perform the services. If the force majeure lasts for more than thirty (30) calendar days,
 

Termination and duration

Termination for fault. 

In the event of failure by one of the Parties to fulfill one of the obligations stipulated in the Contract, not repaired within thirty (30) calendar days from the sending of a formal notice by registered letter with acknowledgment of receipt receipt or by email notifying the breach in question, the other Party may request termination of the Contract subject to any damages to which it may be entitled under the Contract.

 

Consequences of termination

Termination or end of the Contract, for whatever reason, does not give rise to the reimbursement of sums collected by JiTi.

 

Contract length

The Contract takes effect on the date of acceptance of the quote and continues until the Products have been delivered. JiTi or the Customer may cancel an order within 2 day(s) from confirmation of the order by JiTi. 
 

Confidentiality

Under this Agreement, each Party may have access to information considered by the other party to be confidential (hereinafter the “ Confidential Information ”). The Parties agree to disclose only information necessary to perform the obligations under this Agreement. Confidential Information is defined exhaustively as all contractual information relating to the price, as well as any information marked “Confidential” at the time it is disclosed.

 

Each Party undertakes to keep confidential and not to disclose to third parties the Confidential Information of the other Party for a period of three (3) years following its communication to the Party receiving the Confidential Information. Each Party also agrees to treat the other Party's Confidential Information with the same degree of care it uses to protect its own Confidential Information of comparable value, but in no event less than a reasonable degree of care. 

 

These confidentiality obligations do not apply to information which (i) was publicly known at the time of the conclusion of the Contract or became known subsequently and without breach of the obligations arising from the Conditions; (ii) was independently developed by a Party without any use of the Confidential Information of the other Party; (iii) were communicated by a third party not subject to any obligation of confidentiality; or (iv) was required to be released pursuant to a court order or other governmental process.
 

Nullity, invalidity 

In the event that one of the clauses of the Conditions is null and void by a change in legislation, regulations or by a court decision, this will in no way affect the validity and compliance with the other Conditions.

 

In other words, the cancellation of one or other of the clauses of these Conditions cannot result in the cancellation of the Conditions as a whole, provided however that their balance and general economy can be maintained. In the event of cancellation, nullity or illegality of any clause or part of a clause of these Conditions, the Parties undertake to replace this clause with a replacement clause of equivalent scope and legal effects.
 

Notifications

Any notice required under this Agreement must be provided to the other Party in writing.

 

It will be given by registered letter or by electronic mail with acknowledgment of receipt to the JiTi address indicated in these Conditions or to any other address that We may designate by notification in accordance with this article.

 

Any notice under these Terms will be deemed effective from the following dates:

• If sent by registered letter, on the date on which this letter is delivered or on the date of first delivery attempt;

• If sent by email, as of the date that email is sent.

 

Advertisement

The Customer may not use the name(s), registered trademark(s) or trade name(s) (registered or not) of JiTi for promotional purposes, unless explicitly agreed otherwise .
 

Complete agreement

You agree that these Conditions as well as any information which forms an integral part of them by written reference (eg the order and/or delivery form and the invoice), constitute the entirety of our agreements relating to the sale of our Products and prevail on any prior or concurrent agreement or representation, written or oral, relating to said Services. They cancel and replace any prior agreement, written or oral, in relation to the subject of this Contract. 
 

Applicable Law and Jursdiction

The Conditions are subject to Belgian law. Any dispute likely to arise from the interpretation or execution of these Conditions will be subject to the exclusive jurisdiction of the competent French-speaking courts of Brussels. In the event of a dispute, the parties will endeavor to resolve it amicably. The procedure will take place in French.

 

Contact us

If You have any questions regarding these Conditions, do not hesitate to contact Us by post at the following address: Attn: JiTi Legal Department, Rue de l'Etang 4b, 1315 Opprebais, Belgium, or by email to: info@jiti.be .