TERMS & CONDITIONS
1.1. These general terms and conditions are applicable, subject to the agreed specific conditions stated and in writing between the parties.
1.2. These general terms and conditions are available on the website www.jado.lu
1.3. Upon entering the secure area of the website and before placing an order, the buyer is deemed to have taken note, read and accepted the general terms and conditions.
1.4. In the event that an offer emanates directly from the seller, the buyer is deemed to have taken note, read and accepted the general terms and conditions at the time of acceptance of the offer.
1.5. In these general terms and conditions, Multiple Entrepreneurship Worldwide (M.E.W.) SARL is referred to as “the Seller” while its co-contractor or client is referred to there as “the Buyer”. The brands represented by the seller are hereinafter referred to as “the brands” and the seller’s products are hereinafter referred to as “the products”.
1.6. These general terms and conditions govern the relations between the parties, to the exclusion of all other general or specific conditions from the purchaser. Indeed, all general or special conditions issued by the buyer are in no way applicable to the seller.
2. Formation of the contract:
2.1. The contract is deemed validly formed and the sale perfect when, after receiving an order, the seller has confirmed the order in writing, by email
2.2. The contract is also deemed to be validly formed and the sale perfect, as soon as the buyer has expressly accepted in writing, by email (or by fax in the absence of a known email address) the price offer proposed by the seller.
2.3. the agents, representatives of the seller, do not have signing authority and all contracts negotiated through them must, to be validly formed, be confirmed directly in writing by the competent body from the seller to the buyer.
2.4. The products are deemed to be approved if no complaint has been made by the buyer in writing, by email with acknowledgment of receipt from the seller, within 3 days of receipt. In the absence of acknowledgment of receipt from the seller, the latter will be presumed not to have been aware of the complaint.
2.5. A difference in delivered quantity of ± 10% should be considered acceptable by the purchaser. However, only the goods actually delivered will be invoiced by the seller.
2.6. In the event that, between the confirmation of the order and the invoicing, the buyer has exceeded his internal credit limit authorized by the seller: The seller reserves the right to modify the order or the payment terms previously agreed between the parties. By credit limit, it is necessary to understand the maximum amount of order that the seller authorizes himself to deliver to the buyer without cash payment on his part and this within the framework of a regular and continuous commercial relationship between the parties which therefore authorizes the buyer not to pay his invoices in cash.
3. Order cancellation:
3.1. Case of a so-called “normal” order:
A so-called “normal” order is defined as an order for products which does not require specific production on the part of the seller in order to be able to deliver the order. These are items managed in stock, which do not require a further manipulation. The cancellation needs to be sent from the buyer to the seller in writing, by email prior to the delivery of the order. In the event that the order is already in transit, the delivery fees need to be paid by the buyer.
3.2. Case of a so-called “special production” order:
A so-called “special production” order is defined as an order which requires special production by the seller before delivery. Orders said to be “in special production” cannot be canceled. In the event of cancellation, the full price agreed between the parties will be automatically invoiced and due by the buyer to the seller.
3.3 Case of a so-called “service” order:
An order for a service can be terminated by both parties within 7 days after agreement of the order. In this case, no specific reason should be given. After 7 days, any cancellation must take into account the work already done. The latter must be paid in the absence of 65 € / hour. In general, an amicable settlement will be sought by both parties.
4. Tools and films:
4.1. Tools, impressions, dies, cutting shapes and molds become the property of the buyer after full payment of the technical costs detailed in the invoice. If these are not indicated, then they do not become the property of the buyer.
4.2. They can only be used for orders placed by the buyer and will be kept in the workshops of the seller, or of his subcontractor, who therefore undertakes both to keep them and to bear the necessary maintenance costs and this for a period of 2 years from the last order. During this period of two years, the buyer is entitled to recover the tools, impressions, dies, cutting shapes and molds. After this period if the buyer has not claimed them, they can be destroyed by the seller.
4.3. Unless the seller has expressly agreed in writing, the photographs and / or screen-printing films made by the seller will remain the exclusive property of the latter so that the buyer will never be authorized to claim their return.
5. Plans and descriptive documents:
5.1. Weights, dimensions, capacities, prices and other data appearing in catalogs, websites, prospectuses, circulars, advertisements, emails, engravings, etc. are communicated as an approximate indication and do in no way bind the seller.
5.2. The seller is only bound by all the final data which is expressly stated in the contract between the parties, specifically in the order confirmation communicated by the seller.
6.1. In principle, the products are delivered in the packaging described in the order confirmation.
6.2. In the event that a packaging is out of stock, the seller may deliver its products in any other equivalent packaging.
6.3. The brands represented by the seller may require a modification of the product packaging policy at any time. The buyer accepts without reservation any possible modification of the packaging according to the requirements of the brands
7. Shipping and transfer of risk:
7.1. If the order (s) is / are collected directly by the customer from the seller’s offices, the customer assumes the risk as soon as he comes into possession of the order (s).
7.2. If the buyer takes care of the transport of the order (s) using his own carrier; the transport is then done at the risk and peril of the customer. In this case, the transporter gives the seller a CMR type transport manifest. With this manifesto, the carrier certifies and controls the quantity and condition of the boxes received. No claim on the quantity of boxes delivered or on damage suffered during transport can be made by the buyer upon receipt of the goods.
7.3. If the seller is responsible for shipping the order (s), then the seller is responsible for the goods until receipt of the order (s) by the customer at the place indicated by him. The transfer of risk then takes place at the time of receipt of the goods by the customer. No complaint can be made by the customer if he has not made a reservation at the time of receipt. If the customer does not receive the goods when they are made available to him by the seller, the risk is borne by the customer upon the goods’ arrival at the intended destination.
7.4. In all cases, the seller can never be held responsible if the goods were to perish or even deteriorate during transport due to a case of force majeure, or any extraordinary and unforeseeable circumstances, on which the seller has no influence and the consequences of which could not be avoided even by using all possible precautionary measures. By way of example and in a non-exhaustive way, it is necessary to consider as force majeure, the blocking of means of transport, earthquake, fires, storms, flood, lightning, the shutdown of telecommunications networks, pandemic etc.
7.5. The price of transport is always payable by the customer, unless otherwise agreed by the parties.
8. Manufacturing times – Transport times:
8.1. Manufacturing times are indicative. The manufacturing time is understood as the time that elapses between the confirmation of the order until the departure of the products from the seller’s offices. The manufacturing period communicated by the seller therefore never includes the transport, customs or any other period relating to the delivery of the goods whether it is carried out by the seller or by the buyer.
8.2. The manufacturing time may be extended if the buyer does not communicate all the elements necessary for the proper execution of the order on time or if the buyer does not respect his contractual commitments, in particular the payment of the price.
8.3. In the absence of an express stipulation by the buyer of an imperative time limit to be respected and expressly accepted by the seller, any possible delay in the manufacturing time can never give rise to the termination of the order or to any claim for compensation.
8.4. Any delay in the transport period can never give rise to the cancellation of the order or to any request for compensation.
9.1. The seller offers a 2-year warranty from the date of dispatch of the goods on all the products in its catalog.
9.2. Only products returned to the seller in their original packaging with a precise description of the problem may be subject to a return under warranty.
9.3. For the activation of the guarantee, the buyer must open a file with the seller’s after-sales service, by sending his complaint by e-mail, to the address: email@example.com Failing to open the file to the after-sales service, the warranty will not apply. The warranty does not apply in the following cases or on the following products:
• Products that have been altered by the buyer or his client (marking, modification of the original product, etc.)
• Products that have been damaged during abnormal use of the product (fall, forcing a mechanism, etc.).
• The batteries and cells of the products.
• The nibs of the fountain pens.
• Product cartridges and consumables (cartridges, paper pads, etc.).
9.4. The warranty can never cover ancillary costs incurred by the buyer for the distribution of the product. For example, if the buyer incurs costs for the distribution of the products, the marking of the products or any other costs, the warranty will never cover these additional costs since the products are deemed to have been checked and validated by the buyer at the time of receipt of the order prior to any processing or handling (sending, marking or other).
10. Retention of title clause:
10.1. The goods remain the property of the seller until full payment of the price of the goods by the buyer.
11.1. Payments are made in EURO or in the currency expressly stipulated in the contract, net at our domicile and without discount, unless otherwise agreed by the seller.
11.2. By accepting these general conditions, the buyer accepts that the invoices are validly communicated to him by email.
11.3. Orders are payable directly by using one of the proposed payment options
11.4. All taxes of any kind, current or future, of whatever nature, are the responsibility of the purchaser.
11.5. If the buyer has provided incorrect information on the final destination of the goods or on its VAT registration leading to a VAT rectification on the part of the seller, he will have to pay full VAT as well as all the penalties claimed from the seller by its tax or VAT administration.
11.6. Invoices and order amounts are deemed accepted if no protest has been issued by the buyer by email with acknowledgment of receipt from the seller within eight days of receipt. In the absence of acknowledgment of receipt from the seller, the latter will be presumed not to have been aware of the protest.
11.7. All costs arising from the refusal of a check, the non-acceptance of a draft, a letter of credit or more generally the refusal by the seller’s bank of the buyer’s means of payment will result in the automatic re-invoicing of these charges to the buyer.
12. Applicable law and competent courts:
12.1. In the event of disputes or disputes relating to the validity, interpretation, execution or any other issue of the contract concluded between the parties, the courts of the Grand Duchy of Luxembourg have exclusive jurisdiction.
12.2. Luxembourg law is applicable, unless the parties expressly agree in writing to the contrary
12.3. The contract is governed by and interpreted exclusively in accordance with the laws and practices of Luxembourg. Any dispute, controversy or claim arising from the contract, which could not be resolved by mediation proceedings, will be resolved exclusively in accordance with the laws of Luxembourg.
13. Nullity of a clause:
13.1. The invalidity of a clause hereof will not affect the validity and will not result in the invalidity of the other clauses hereof.