General Conditions

Name: Ochies Jamaican Takeaway
Address: Neuseplein 12 A - 9000 Ghent - Belgium
E-mail address: info@ochiesjamaican.be
Phone number: 0489 95 18 99
VAT number: BE0722 813 019

I. Modalities for online purchases

Article 1 - Modalities for online purchases

  • 1.1. The present General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the sale of products via the Internet site Ochies Jamaican Takeaway, available at the address Neuseplein 12 A - 9000 Ghent - Belgium. The present General Terms and Conditions only manage the sale of products presented on the Site.
  • 1.2. The General Conditions are concluded between, on the one hand, the company/natural person Ochies Jamaican Takeaway. (VAT BE0722 813 019...), with registered office tel 0489 95 18 99., place Neuseplein 12 A - 9000 Ghent - Belgium, hereinafter referred to as the "Vendor", and, on the other hand, the person who wishes to consult the Site and make a purchase there, hereinafter referred to as the "Customer". The Customer and the Seller are hereinafter jointly referred to as the "Parties". The Parties agree that their relations shall be exclusively governed by these General Terms and Conditions, unless otherwise agreed.
  • 1.3. Any order for a Product or service offered on the Site presupposes prior consultation and express acceptance by the Client of the present General Terms and Conditions, without, however, this acceptance being subject to a written signature on the part of the Client. In accordance with the legal provisions in force in Belgium relating to electronic signatures, the Vendor may consider the Customer's order to be an electronic signature of the same value as a written signature, with the ensuing contractual consequences, by means of the methods offered (see Article 2.3).
  • 1.4. The Customer ordering a Product on the Site must have full legal capacity.
  • 1.5. The Seller reserves the right to modify the General Terms and Conditions and makes the new version available to the Users via the Site.

     

Article 2 –  Protection of privacy

The company Ochies Jamaican Takeaway... emphasizes its commitment to carefully respect the trust you have placed in it and, to this end, to apply the legal obligations relating to the protection of privacy. Therefore, as a Customer, you have a right to access, modify, rectify and delete the data concerning you, which you can exercise by contacting us, by letter at the address Neuseplein 12 A - 9000 Ghent - Belgium..., by e-mail at info@ochiesjamaican.be.of by phone on 0489 95 18 99...

Article 3 –  Modalities for online purchases

  • 3.1. Purchase Price of Product or Service
    The price of each Product or service sold on the Site is displayed in Euro, including VAT. This price does not include delivery costs, which are the responsibility of the Customer. The Products shall be invoiced on the basis of the price in force at the time of order confirmation, even if the Seller changes its prices after the sale
  • 3.2. Delivery costs
    At the time of the Order, the Client undertakes, in addition to the Purchase Price of the products ordered, to pay the delivery costs. The costs will be invoiced on the basis of the rates in force at the time of confirmation of the Order, even if these costs were to change after purchase. These costs shall not be refunded to the Customer if he returns his Order by virtue of his right of withdrawal or the legal guarantees provided for in article 6 and article 7 of these General Terms and Conditions respectively.
  • 3.3. In order to execute an Order, the Client shall fill in the order form made available to him on the Site, send an e-mail to the address info@ochiesjamaican.be or execute his order by telephone; by these means, he shall also be required to provide the information necessary for the transaction. The Vendor shall not be liable for the consequences arising from the transmission of erroneous information. By placing his order, the Customer accepts the entirety of the present General Terms and Conditions and undertakes to pay the full amount due.
  • 3.4. The data stored by the Vendor constitute proof of the contractual relations between the Parties

Article 4 – Methods of payment

  • 4.1. For the payment of the Purchases, the Client has a choice of different payment methods:
    by credit card of the type Visa, Mastercard or American Express, with Bancontact, via PayPal.
  • 4.2. The validity of the payment will or will not be confirmed after verification with the issuing bank. If the payment is confirmed, the debit will be made according to the modalities agreed with the issuing banking institution. The Product(s) shall remain the property of the Seller as long as full payment has not been received by the Seller.
  • 4. 3. Liability
    The Seller's liability shall not be affected for any inconvenience or damage inherent in the use of Internet work (including computer viruses).

Article 5 – Delivery

  • 5.1. The delivery of the Product(s) that are the subject of the transaction shall be carried out by the Seller throughout Belgium. The Seller shall use its best efforts to ensure that the Order is sent to the address indicated by the Client within a few days following the confirmation of the Order. The deliverer shall present himself at the address indicated by the Client between 8 a.m. and 6 p.m., during working days, and shall hand the parcel to the addressee or to any other person present at the address indicated. In the event of absence, a message shall be left in the mailbox containing information on the procedure to be followed. It is then up to the Customer to collect the parcel or contact the deliverer to agree on a new delivery mode for the parcel. If the Client does not arrange a new delivery within a period of 2 weeks after the first arrival of the Order, or if he is absent during this new delivery, the Order will automatically be returned to the Seller. In this case, additional delivery costs may be required from the Client.
  • 5.2. Each delivery shall be deemed to have been made as soon as the Product is received by the Client, with automatic transfer of risk to the latter. The receipt shall be made out by the deliverer.
  • 5.3. On receipt of his parcel, the Customer must check the quality of his purchase and is entitled to formulate any complaints pursuant to his right of withdrawal or the legal guarantees, as provided for in articles 6 and 7 of these General Terms and Conditions respectively. He may also refuse the parcel if it is clear that it has been opened or if it clearly shows signs of damage due to negligence during delivery. In this second case, complaints must be communicated to the seller within three working days after delivery of the parcel.

Article 6 – Right of withdrawal and modalities of return

  • 6.1. The consumer has the right to notify the company that he renounces his purchase, without penalty and without giving a reason, within a period of fifteen (15) calendar days from the day following the day of delivery of the goods or the conclusion of the service contract in accordance with the provisions of the Law of 6 APRIL 2010 on market practices and consumer protection. Counting from the intention expressed by the Client to return all or part of his Order, he has a period of 10 calendar days to return the Products to the Seller. Failure to meet this deadline shall deprive the Customer of his right of withdrawal and shall consider his Order as definitive.
  • 6.2. The return to the Vendor shall be made to the following address: Neuseplein 12 A - 9000 Ghent - Belgium The Customer may choose the delivery method, but must be aware that he must bear the costs and risks associated with returning the parcel, and that he must keep the proof of dispatch.
  • 6.3. In the event that the Client exercises his right of withdrawal, the Vendor undertakes, after checking the returned items (see article 6.5.), to refund the Purchase Price to the Client at the latest within thirty (30) calendar days of receipt by the Vendor of the returned parcel, excluding delivery costs.
  • 6.4. Modalities of refund
    If the Customer has paid for his order by credit card, a credit will be carried out on the credit card used by the Customer to the value of the Purchase Price of the returned items. Reimbursement to the Customer shall be made in accordance with the arrangements agreed with the card issuing bank. If the Customer has paid by any other means of payment, the refund shall be made by bank transfer to the account number provided to the Vendor. The Vendor declines all responsibility in the event of an invalid refund caused by the incorrect mention of the account number by the Client.
  • 6.5. The Client shall not be able to exercise this right of withdrawal if the Products delivered have been clearly used, soiled, and/or damaged or if pieces are missing. The Product(s) must be returned in their original packaging, with all accompanying documents and accessories. If the returned items are not accepted for the reasons mentioned above, Customer will have to take them back without refund.

Artikel 7 – Legal warrant

  • 7.1. Insofar as the Customer is a consumer and insofar as the product in question is a consumer good, the Customer benefits from the legal guarantee for any lack of conformity of the delivered products, in accordance with Belgian legislation in force and for a period of two years from delivery. Any defect detected within a period of 6 months from delivery will be considered an original defect. After this period of 6 months, the Vendor may, if circumstances so warrant, dispute the fact that the lack of conformity was already present at the time of delivery of the product. If the warranty conditions are met, the Client may demand the replacement of the item in question, at no additional cost, within a reasonable period of time and depending on the availability of similar items, or the refund of the Purchase Price. Vendor reserves the right to refuse the exchange or refund of the item under warranty, should it appear that the item has not been used in accordance with the instructions for use, or in the event of misuse by Customer.
  • 7.2. Contrary to the right of withdrawal (see Article 6), the Vendor shall reimburse the Customer for the return cost of the item for which the Customer has invoked the legal guarantee, provided that the return is carried out by the deliverer chosen by the Vendor and the item may be the subject of an exchange or reimbursement (see Article 7.1). In case of exchange, the delivery will also be at the Seller's expense.

Article 8 – Dispute

  • 8.1. These General Terms and Conditions are subject to Belgian law. Any dispute for which no amicable settlement could be found shall fall under the exclusive jurisdiction of the courts of the judicial district.
  • 8.2. The exchanges between the two Parties, kept by the Vendor, shall be considered as evidence that may be taken into consideration.
  • 8.3. These General Conditions form a contractual entity between the two Parties. We strive to update them in accordance with Belgian legal changes that could have an impact on these Conditions. However, one or more articles may be declared invalid by virtue of a law, a rule or by final decision of a competent court. In this case, the other terms and conditions shall nevertheless remain in full force and effect.
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