TERMS & CONDITIONS
1 GENERAL TERMS
By using this website and/or placing an order you agree with the terms and conditions as described below.
2 IDENTIFICATION
This site is operated by Tom Mares bv, having its registered office at: Vlaamsesteenweg 144, 1000 Brussels - Belgium With business registration number and VAT number BE 0555 656 184 The website www.pjmares.eu, pjmares.be and pjmares.com is the sole property of Tom Mares bv. You may contact us at the above mentioned address and through the following means: phone: +32 485 066872 email: info(at)pjmares.com The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at ec.europa.eu. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
3 SCOPE OF APPLICATION
These general terms and conditions apply to the purchase of goods of Tom Mares bv ordered by the Customer. These general terms and conditions form an integral part of the Agreement between the Customer and Tom Mares bv and exclude the Customer’s own terms and conditions. These may only be deviated from when agreed in writing.
4 ACCEPTANCE
The Customer explicitly acknowledges that he has read these terms and conditions and fully accepts these terms and conditions without reservation. The Customer agrees that the general terms and conditions are written in English and that he understands the content of it.
5 SEVERABILITY CLAUSE
Parties acknowledge that the invalidation of a clause in these general terms and conditions does not invalidate the entire agreement. If an article is declared illegal and void, the other articles remain in full force.
6 CONTENT
All products, text, images, descriptions, data, and other material provided on the website www.pjmares.eu, www.pjmares.com, www.pjmares.be or in the shop, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Tom Mares bv has the right to change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding. Unless otherwise noted, the content of this website including brands, images, logos, drawings, sound, data, product- or company names, text, etc. is protected by worldwide copyright and other proprietary laws and treaty provisions.
7 QUOTES AND ACCEPTANCE OF ORDERS
All offers are obligation free quotes. An order is only binding when it is explicitly accepted by Tom Mares bv in writing. Tom Mares bv is entitled to refuse orders or to impose conditions, unless otherwise agreed upon. All product information, prices and order information can be subject to change or correction at any time. By placing an order the Customer warrants that he is legally capable of entering into binding contracts and that he is (in the case of an individual) at least 18 years old. Tom Mares bv reserves the right to cancel orders, without compensation, in case of an event beyond its control, as mentioned in article 16.
8 DELIVERY
Stated delivery times are not binding unless they are expressly agreed as binding. Products are delivered wherever possible within the timeframe indicated during the individual order confirmation, but it is explicitly stated that the delivery dates are nonbinding and are given by indication only. Therefore, Tom Mares bv is not responsible for delays in delivery and any delay in delivery dates will not entitle the Customer to claim any compensation, to refuse the delivery or to entirely or partly cancel the agreement or entirely or partly suspend the fulfilment of any obligation of the Customer under the agreement. The Customer bears all risks if an error in the delivery address should occur. In such case, Tom Mares bv is entitled to claim additional costs. Unless otherwise confirmed in writing, prices do not include transport and delivery costs of the goods to the Customer. The costs for transport and delivery are indicated separately. Delays in delivery do not constitute grounds for termination of the agreement or for the payment of damages to the Customer. Tom Mares bv reserves the right to carry out partial deliveries. In the event of a partial delivery, the Customer is not entitled to refuse delivery. In the event of nondelivery of the goods due to a material breach by Tom Mares bv, any amount paid by the Customer will be reimbursed without interest or other compensation. The Customer must ensure that the goods can be delivered and/or installed by Tom Mares bv in a normal manner at the agreed place and time, and thus ensure amongst other things that the place of delivery is accessible. If these conditions are not met, the Customer is required to compensate Tom Mares bv for all damages, including waiting time, to reimburse storage costs and costs for the preservation of the goods. In case of an unreasonable refusal of delivery, no reimbursement to the Customer will take place and Tom Mares bv is entitled to sell the goods to a third party. Delivery will only take place if full payment is received for the principal, interest and applicable charges. Furniture will only be delivered to the ground floor at the entrance of the house/building, performed by 1 person/driver, unless otherwise confirmed in writing.
9 RETURNS & CANCELLATIONS
Under regulation of the Belgian Law on trade and the information and protection of consumers of 14 July 1991, the purchaser is allowed to inform the seller that he/she has decided not to proceed with the purchase within 14 working days of receipt of the item. Most items can be returned within 14 calendar days after order or exchanged for another item in the PJMARES by Tom Mares bv store. The customer can return the item in the store or by mail to the following return address: PJMARES by Tom Mares bv, Vlaamsesteenweg 144, 1000 Brussels. The shipping costs to return the item are at buyer’s charge. The customer is refunded at choice or receives a voucher. The Customer is requested to return the items in their original condition and packaging, with all accessories supplied there, and instructions for use. If the returned product has been reduced in value in some way, PJMARES by Tom Mares bv reserves the right to hold the Customer liable and demand compensation for any value reduction of the goods resulting from the use of the goods by the Customer. PJMARES by Tom Mares bv reserves the right to reject returned items or refuse a refund if the items have been damaged by the customer or if they are not returned in accordance with our Return Policy. The right to cancel does not exist for goods that are made to the consumer's specifications or are clearly personalised.
By using this website and/or placing an order you agree with the terms and conditions as described below.
2 IDENTIFICATION
This site is operated by Tom Mares bv, having its registered office at: Vlaamsesteenweg 144, 1000 Brussels - Belgium With business registration number and VAT number BE 0555 656 184 The website www.pjmares.eu, pjmares.be and pjmares.com is the sole property of Tom Mares bv. You may contact us at the above mentioned address and through the following means: phone: +32 485 066872 email: info(at)pjmares.com The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at ec.europa.eu. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
3 SCOPE OF APPLICATION
These general terms and conditions apply to the purchase of goods of Tom Mares bv ordered by the Customer. These general terms and conditions form an integral part of the Agreement between the Customer and Tom Mares bv and exclude the Customer’s own terms and conditions. These may only be deviated from when agreed in writing.
4 ACCEPTANCE
The Customer explicitly acknowledges that he has read these terms and conditions and fully accepts these terms and conditions without reservation. The Customer agrees that the general terms and conditions are written in English and that he understands the content of it.
5 SEVERABILITY CLAUSE
Parties acknowledge that the invalidation of a clause in these general terms and conditions does not invalidate the entire agreement. If an article is declared illegal and void, the other articles remain in full force.
6 CONTENT
All products, text, images, descriptions, data, and other material provided on the website www.pjmares.eu, www.pjmares.com, www.pjmares.be or in the shop, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Tom Mares bv has the right to change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding. Unless otherwise noted, the content of this website including brands, images, logos, drawings, sound, data, product- or company names, text, etc. is protected by worldwide copyright and other proprietary laws and treaty provisions.
7 QUOTES AND ACCEPTANCE OF ORDERS
All offers are obligation free quotes. An order is only binding when it is explicitly accepted by Tom Mares bv in writing. Tom Mares bv is entitled to refuse orders or to impose conditions, unless otherwise agreed upon. All product information, prices and order information can be subject to change or correction at any time. By placing an order the Customer warrants that he is legally capable of entering into binding contracts and that he is (in the case of an individual) at least 18 years old. Tom Mares bv reserves the right to cancel orders, without compensation, in case of an event beyond its control, as mentioned in article 16.
8 DELIVERY
Stated delivery times are not binding unless they are expressly agreed as binding. Products are delivered wherever possible within the timeframe indicated during the individual order confirmation, but it is explicitly stated that the delivery dates are nonbinding and are given by indication only. Therefore, Tom Mares bv is not responsible for delays in delivery and any delay in delivery dates will not entitle the Customer to claim any compensation, to refuse the delivery or to entirely or partly cancel the agreement or entirely or partly suspend the fulfilment of any obligation of the Customer under the agreement. The Customer bears all risks if an error in the delivery address should occur. In such case, Tom Mares bv is entitled to claim additional costs. Unless otherwise confirmed in writing, prices do not include transport and delivery costs of the goods to the Customer. The costs for transport and delivery are indicated separately. Delays in delivery do not constitute grounds for termination of the agreement or for the payment of damages to the Customer. Tom Mares bv reserves the right to carry out partial deliveries. In the event of a partial delivery, the Customer is not entitled to refuse delivery. In the event of nondelivery of the goods due to a material breach by Tom Mares bv, any amount paid by the Customer will be reimbursed without interest or other compensation. The Customer must ensure that the goods can be delivered and/or installed by Tom Mares bv in a normal manner at the agreed place and time, and thus ensure amongst other things that the place of delivery is accessible. If these conditions are not met, the Customer is required to compensate Tom Mares bv for all damages, including waiting time, to reimburse storage costs and costs for the preservation of the goods. In case of an unreasonable refusal of delivery, no reimbursement to the Customer will take place and Tom Mares bv is entitled to sell the goods to a third party. Delivery will only take place if full payment is received for the principal, interest and applicable charges. Furniture will only be delivered to the ground floor at the entrance of the house/building, performed by 1 person/driver, unless otherwise confirmed in writing.
9 RETURNS & CANCELLATIONS
Under regulation of the Belgian Law on trade and the information and protection of consumers of 14 July 1991, the purchaser is allowed to inform the seller that he/she has decided not to proceed with the purchase within 14 working days of receipt of the item. Most items can be returned within 14 calendar days after order or exchanged for another item in the PJMARES by Tom Mares bv store. The customer can return the item in the store or by mail to the following return address: PJMARES by Tom Mares bv, Vlaamsesteenweg 144, 1000 Brussels. The shipping costs to return the item are at buyer’s charge. The customer is refunded at choice or receives a voucher. The Customer is requested to return the items in their original condition and packaging, with all accessories supplied there, and instructions for use. If the returned product has been reduced in value in some way, PJMARES by Tom Mares bv reserves the right to hold the Customer liable and demand compensation for any value reduction of the goods resulting from the use of the goods by the Customer. PJMARES by Tom Mares bv reserves the right to reject returned items or refuse a refund if the items have been damaged by the customer or if they are not returned in accordance with our Return Policy. The right to cancel does not exist for goods that are made to the consumer's specifications or are clearly personalised.
10 GIFT CARDS
PJMARES by Tom Mares bv Gift Cards are valid for 1 year from the date of purchase. The expiration date is stated on every Gift Card. At the expiry of the validity period, PJMARES by Tom Mares bv Gift Cards cannot be used for purchase nor can the unused remaining value be refunded. Gift Cards expired less than 6 months can be extended once for a period of 6 months. An administration cost of 15€ will be charged.
11 PRICES AND PAYMENT
Invoices are payable in full to our head office at Vlaamsesteenweg 144, 1000 Brussels, Belgium by the due date and without discount unless otherwise indicated on the invoice. All prices displayed on www.pjmares.com, www.pjmares.be, www.pjmares.eu are quoted in Euros and include VAT (21%). In order to be admissible, all complaints related to invoices must be formulated in detail and sent by registered letter within eight (8) days following receipt of the relevant invoice. An interest of 1% per month is due on any overdue amount from the date on which payment was due to the date of actual payment, without a notice of default or reminder being required. Notwithstanding the foregoing, the Law of 2 August 2002 is applicable on all agreements between Tom Mares bv and professional Customers. In the event of non-payment and in the event a notice of default sent by normal post has not been effective within 14 days, a fixed fee will be payable equal to 10% of the amount due. In the event of non-payment or in the event of any other breach of the Customer’s obligations under the agreement, Tom Mares bv reserves the right to suspend the execution of the agreement or immediately terminate all agreements with the Customer by operation of law, without implication of default and without the need for any judicial intervention and to demand payment of all amounts due, even with respect to invoices not yet past due, or to deliver goods only upon payment in cash, notwithstanding any earlier agreements or any other rights to which Tom Mares bv may be entitled. If Tom Mares bv does not immediately invoke the shortcomings or failures of the Customer, this can not be considered as a relinquishment of the right to invoke and to pursue this shortcomings or failures at a later date.
12 DUTIES & TAXES
The customer is responsible for any additional taxes and duties. Tom Mares bv is not responsible for any fees charged by customs.
13. RIGHT OF OWNERSHIP
All delivered goods remain the property of Tom Mares bv until the invoice is paid in full, including all costs and taxes, interest and fees. In the event of non-payment, Tom Mares bv is entitled to retake possession of the goods and to reimburse the costs thereof.
14 COMPLAINTS
The Customer must ensure to inspect the entire delivery, the packaging and its contents, immediately when delivered. When the the packaging shows any signs of damage, the Customer can accept the delivery, but immediately note the damage on the freight documents by stating, “Received with reservation”. In order to be admissible, complaints must reach La Tom Mares bv: (a) in the case of complaints related to non-conformity of deliveries, within eight (8) days following receipt of the goods and (b) in the case of hidden faults, within eight (8) days following the discovery of the fault or the moment by which time such a discovery could reasonably be expected to have taken place. Acceptance of the goods by the Customer covers every possible fault or non-conformity observable at that time.
15 WARRANTY
Tom Mares bv warranty is limited to the legal warranty as well as the manufacturer’s guarantee, whose scope and duration varies according to the product and brand. La Tom Mares bv may only be held liable for damage in the event of gross negligence. Tom Mares bv is not liable for any indirect damages whatsoever which may have been occurred to the Customer. Tom Mares bv shall under no circumstances accept liability for any failure on the part of its supplier to meet its warranty obligations. Guarantees do not cover the replacement of consumables (batteries, bulbs, etc.), abnormal or inappropriate use of products, defects and their consequences associated with the use of the product other than for its intended purpose, or defects and their consequences associated with any external cause. Products may only be returned with prior authorization from Tom Mares bv. After Tom Mares bv has given its written approval, the product will be replaced or refunded, depending on the availability of similar products and the Customer’s wishes. Articles under guarantee will only be taken back if accompanied by an invoice.
16 FORCE MAJEUR
Tom Mares bv is not responsible for delays in the execution or the non-execution of its commitments arising as a result of events outside its normal control, including but not limited to production interruptions, difficulties in acquiring or shortages of raw materials, workforce, energy or transport or delays in transport, strikes, lock outs, work interruptions or other collective labour disputes, whether or not they are directly related to ourselves or our suppliers and this even in the event these events are foreseeable.
17 YOUR PRIVACY
Your privacy is important to us! You will find extensive information about how we handle your data here.
18 YOUR DETAILS
Your details will be added to our mailing list In order to keep you up to date with the latest news, promotions, etc. You can unsubscribe from our mailing list at any moment. We use third-party web beacons (Google Analytics) from Google to help analyze where visitors go and what they do while visiting our website. Google may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you.
19. COOKIES
The cookies pieces of information that a web site transfers to your computer hard disk for record-keeping purposes. Cookies can make a web site more useful by personalizing information for visitors and by storing information about your preferences on our site. The use of cookies is an industry standard, and many major web sites use them to provide useful features for their customers. It is our Policy to use cookies only for the following purpose • to identify you • to customize our site for you • to help imp rove navigation Most browsers are initially set up to accept cookies. If you would prefer, you can set your browser to reject cookies. However, you will not be able to take full advantage of our website if you do so. If you reject cookies, Google Analytics Statistics capture only a subset of the information necessary to generate all traffic reports.
20 PROOF
All parties accept the validity of electronic proof in the framework of their relations (e.g. e-mail, backups, etc.).
21 JURISDICTION
All agreements concluded with Tom Mares bv are subject to Belgian law. All disputes are the exclusive jurisdiction of the Courts of Brussels.
PJMARES by Tom Mares bv Gift Cards are valid for 1 year from the date of purchase. The expiration date is stated on every Gift Card. At the expiry of the validity period, PJMARES by Tom Mares bv Gift Cards cannot be used for purchase nor can the unused remaining value be refunded. Gift Cards expired less than 6 months can be extended once for a period of 6 months. An administration cost of 15€ will be charged.
11 PRICES AND PAYMENT
Invoices are payable in full to our head office at Vlaamsesteenweg 144, 1000 Brussels, Belgium by the due date and without discount unless otherwise indicated on the invoice. All prices displayed on www.pjmares.com, www.pjmares.be, www.pjmares.eu are quoted in Euros and include VAT (21%). In order to be admissible, all complaints related to invoices must be formulated in detail and sent by registered letter within eight (8) days following receipt of the relevant invoice. An interest of 1% per month is due on any overdue amount from the date on which payment was due to the date of actual payment, without a notice of default or reminder being required. Notwithstanding the foregoing, the Law of 2 August 2002 is applicable on all agreements between Tom Mares bv and professional Customers. In the event of non-payment and in the event a notice of default sent by normal post has not been effective within 14 days, a fixed fee will be payable equal to 10% of the amount due. In the event of non-payment or in the event of any other breach of the Customer’s obligations under the agreement, Tom Mares bv reserves the right to suspend the execution of the agreement or immediately terminate all agreements with the Customer by operation of law, without implication of default and without the need for any judicial intervention and to demand payment of all amounts due, even with respect to invoices not yet past due, or to deliver goods only upon payment in cash, notwithstanding any earlier agreements or any other rights to which Tom Mares bv may be entitled. If Tom Mares bv does not immediately invoke the shortcomings or failures of the Customer, this can not be considered as a relinquishment of the right to invoke and to pursue this shortcomings or failures at a later date.
12 DUTIES & TAXES
The customer is responsible for any additional taxes and duties. Tom Mares bv is not responsible for any fees charged by customs.
13. RIGHT OF OWNERSHIP
All delivered goods remain the property of Tom Mares bv until the invoice is paid in full, including all costs and taxes, interest and fees. In the event of non-payment, Tom Mares bv is entitled to retake possession of the goods and to reimburse the costs thereof.
14 COMPLAINTS
The Customer must ensure to inspect the entire delivery, the packaging and its contents, immediately when delivered. When the the packaging shows any signs of damage, the Customer can accept the delivery, but immediately note the damage on the freight documents by stating, “Received with reservation”. In order to be admissible, complaints must reach La Tom Mares bv: (a) in the case of complaints related to non-conformity of deliveries, within eight (8) days following receipt of the goods and (b) in the case of hidden faults, within eight (8) days following the discovery of the fault or the moment by which time such a discovery could reasonably be expected to have taken place. Acceptance of the goods by the Customer covers every possible fault or non-conformity observable at that time.
15 WARRANTY
Tom Mares bv warranty is limited to the legal warranty as well as the manufacturer’s guarantee, whose scope and duration varies according to the product and brand. La Tom Mares bv may only be held liable for damage in the event of gross negligence. Tom Mares bv is not liable for any indirect damages whatsoever which may have been occurred to the Customer. Tom Mares bv shall under no circumstances accept liability for any failure on the part of its supplier to meet its warranty obligations. Guarantees do not cover the replacement of consumables (batteries, bulbs, etc.), abnormal or inappropriate use of products, defects and their consequences associated with the use of the product other than for its intended purpose, or defects and their consequences associated with any external cause. Products may only be returned with prior authorization from Tom Mares bv. After Tom Mares bv has given its written approval, the product will be replaced or refunded, depending on the availability of similar products and the Customer’s wishes. Articles under guarantee will only be taken back if accompanied by an invoice.
16 FORCE MAJEUR
Tom Mares bv is not responsible for delays in the execution or the non-execution of its commitments arising as a result of events outside its normal control, including but not limited to production interruptions, difficulties in acquiring or shortages of raw materials, workforce, energy or transport or delays in transport, strikes, lock outs, work interruptions or other collective labour disputes, whether or not they are directly related to ourselves or our suppliers and this even in the event these events are foreseeable.
17 YOUR PRIVACY
Your privacy is important to us! You will find extensive information about how we handle your data here.
18 YOUR DETAILS
Your details will be added to our mailing list In order to keep you up to date with the latest news, promotions, etc. You can unsubscribe from our mailing list at any moment. We use third-party web beacons (Google Analytics) from Google to help analyze where visitors go and what they do while visiting our website. Google may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you.
19. COOKIES
The cookies pieces of information that a web site transfers to your computer hard disk for record-keeping purposes. Cookies can make a web site more useful by personalizing information for visitors and by storing information about your preferences on our site. The use of cookies is an industry standard, and many major web sites use them to provide useful features for their customers. It is our Policy to use cookies only for the following purpose • to identify you • to customize our site for you • to help imp rove navigation Most browsers are initially set up to accept cookies. If you would prefer, you can set your browser to reject cookies. However, you will not be able to take full advantage of our website if you do so. If you reject cookies, Google Analytics Statistics capture only a subset of the information necessary to generate all traffic reports.
20 PROOF
All parties accept the validity of electronic proof in the framework of their relations (e.g. e-mail, backups, etc.).
21 JURISDICTION
All agreements concluded with Tom Mares bv are subject to Belgian law. All disputes are the exclusive jurisdiction of the Courts of Brussels.