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GENERAL TERMS AND CONDITIONS JOHN FIELD

1. Applicability

In these General Terms and Conditions, the following terms have the following meanings: 
'John Field': the public limited company under Belgian law Seyntex NV, having its registered office at Seyntexlaan 1, 8700 TIELT, Belgium, listed under enterprise number 0423.039.962.
'Purchaser': any private individual (B2C) or legal entity (B2B) that has or will be having a contractual relationship of whatever nature with John Field. 
'Products': the subject of one or more sales contracts.

Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the stipulations included in the specific conditions shall, in principle, prevail over the General Terms and Conditions, unless otherwise provided. Derogation from one or more of the stipulations included in these General Terms and Conditions can only be effectuated if there is explicit agreed evidence in writing. In that case, the remaining stipulations included in these Terms and Conditions shall remain fully in force. Any General Terms and Conditions applied by the Purchaser are not applicable. John Field reserves the right to modify and/or supplement the General Terms and Conditions at any time for future orders.

By using the website or another electronic portal of John Field and/or placing an order, the Purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website. John Field can make an appeal to third parties if this is required for a correct execution of a contract with the Purchaser. John Field can be reached via ‘johnfield.eu’ and ‘seyntex.be’.

  

2. Information and Contracts

John Field places information regarding the features of its products online with the utmost care, including technical descriptions, which are based on details of its partners and suppliers, as well as photos to illustrate the products. This is undertaken in so far as technical means allow and in accordance with the best standards available in the market.

A contract is concluded when an order confirmation has been handed to the Purchaser or, if the offer was made on the website, wnen an order confirmation has been sent to the e-mail address indicated by the Purchaser. An offer made out in the name of a specific person is valid for 2 weeks, unless a different term is stated in the offer. John Field and its Purchaser explicitly agree that a valid sales contract is concluded by using electronic forms of communication. The lack of an ordinary, digital or electronically qualified signature does not affect the binding effect of the offer and its acceptance. In this respect, the electronic files of John Field shall be considered to be presumptive evidence in so far as the law permits. Information, images, verbal communications, statements, etc. related to any of the offers and the most important product features provided by telephone or via e-mail, will be reflected, given or made as accurately as possible.

  

3. Pricing Policy

All prices are expressed in Euros and in British Pounds (GBP) when indicated by the Purchaser and include VAT and other taxes. However, when the Purchaser acts as a legal entity, prices are expressed excluding VAT and other taxes. Special offers are only valid as long as stocks last. The Purchaser owes the amount communicated by John Field in its confirmation in accordance with article 2 of these Terms and Conditions. Obvious or abundantly clear errors in the quotation, such as evident misstatements, can also be corrected by John Field after formation of the contract. Delivery charges are communicated in a clear manner to the Purchaser. With regard to certain methods of payment, further conditions concerning delivery method and possible costs apply. This is communicated to the Purchaser in a clear manner.

  

4. Payment Policy

The sales prices indicated on the site include all taxes (unless the Purchaser is acting as a legal entity, B2B), but not dispatch costs. Any dispatch costs are borne by the Purchaser and will be reflected on your checking out shopping cart according to the sum of the weight of your products. We reserve the right to change the prices at any given time, but we commit ourselves to apply the rates shown on the site at the time of your order. Online orders can be paid with the usual valid and internationally accepted credit cards and electronic payment methods. Security measures using SSL allow your online payment to proceed safely. If a payment cannot be handled immediately due to the choice of a financial means of payment that is incapable of effectuating such immediate payment, John Field stipulates a term of payment of 14 days from the invoice date unless otherwise specified. Invoices are only issued to legal entities (B2B), on request. Consumers are explicitly excluded from this preferential. If a client fails to pay the invoice within the term stated above, legal interest commences to increase and will be undertaken without explicit notice of default. If John Field does not receive payment after 3 demands, the invoice will be handed over to a debt-collection agency, which will handle the further procedure. Complaints must be filed within one week from the invoice date. Filing a complaint shall in no way lead to a suspension of payment. Furthermore, any (extra)judicial costs of whatever nature incurred by John Field as a consequence of failure on the part of the Purchaser to comply with its (payment) obligations, will be borne by the Purchaser.

If a credit card is the chosen payment method, the conditions of the relevant card issuer apply to it. John Field is not a party with regard to the relationship between the Purchaser and the card issuer.

  

5. Delivery

We process your order depending on available stock. If a product you ordered is not in stock, we commit to inform you by e-mail within 15 days after you have placed your order and to indicate the period of time within which the product can be delivered to you.

Orders are delivered as fast as possible. At present, John Field offers you 1 way of delivery, namely via TNT. You will receive your order by courier (http://www.tnt.com/portal/location/en.html) and will be able to track the status of your order. John Field N.V. does everything within its power to respect specified delivery times. However, John Field does not assume responsibility for late deliveries or orders gone missing due to third parties, unforeseen circumstances or force majeure. If an order is not delivered within the indicated time, an investigation will be held at the carrier, which may take several days. During this period, no reimbursements or other dispatches can be effectuated. Please check whether the products are in conformity with the order when you receive them. If this is not the case, please inform John Field within seven (7) working days. All reports of orders arriving too late must be reported by e-mail via customercare@johnfield.eu. Returned items are only accepted if they are in their original state, that is, in their packaging, including accessories, labels and hangtags.

Subject to other provisions, the final delivery date is thirty (30) days from receipt of the order, except in case of payment via transfer, for which final delivery date is 30 days from receipt of payment. This final delivery period is only applicable for sale to consumers (B2C). Concerning sales to legal entities, delivery periods of several months should be taken into account.

The delivery date mentioned only applies as an indication, in so far as the Belgian Market Practice Act (Wet Marktpraktijken) permits, reason for which no rights can be derived from it. Delivery takes place at the address specified by the Purchaser on concluding the contract. As soon as the products to be delivered have been delivered to the specified address, the risk passes to the Purchaser.

  

6. Identity Theft and Credit Fraud

In order to assure the safety of your online transactions, John Field N.V. cooperates with authorized credit card payment partners and publishers. Payment can be made using the following (credit) cards: Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Maestro, paypal and others who are unambiguously mentioned on the website. Online payments are executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. Loss or theft of your identity or credit card information is hereby reduced to a minimum risk. John Field stores your identity information during a year: your transaction information is stored by Ogone for a period of one (1) year in a secure, encrypted database, environment. John Field believes all possible and appropriate precautions have been taken. Therefore, John Field cannot be held liable for possible identity theft or financial theft.

  

7. Defects and Complaints

The Purchaser is always obliged to scrutinize the products immediately following receipt. Complaints from the Purchaser related to defects of the product or delivery that can be observed on the outside, must be notified in writing to John Field by the Purchaser within seven (7) days from delivery (or within seven (7) days from the invoice date if the products are not (or could not be) delivered to the Purchaser). Complaints must be sent by email to sales@ohnfield.eu or by filling in the contact us form. Please clearly state the order number and the article name when contacting us for complaints. We advise you to send your order by registered mail and take out an insurance policy in respect of the carrier for the market value of the products, such in case of theft or loss of the products at the carrier. Costs of returning goods are borne by the Purchaser.

The Purchaser is not entitled to return any product in respect of which there exists no reasoned complaint. If the preceding is not complied with and goods are returned wrongly, all costs related to returning the goods are borne by the Purchaser. In that case, John Field shall be free to store the items with third parties at the risk and expense of the Purchaser and/or return such goods to the Purchaser on the Purchaser’s implicit or explicit request and expense.

  

8. Return Policy

We offer a free return service within 14 days after order delivery. We kindly ask you to inform us about the return of your order within 7 days after order delivery by sending an email to sales@johnfield.eu and providing following information:

- Order number (mentioned in your account page)
- Name and colour of the item (ex. Shooting waistcoat jack- forest green)
- Quantity
- Reason of return (please choose):

  • Does not fit
  • Uncomfortable
  • Too big
  • Too small
  • Other colour expected
  • Other reason? please explain the reason of you return

- Exchange (for?) or refund

Once your email has been submitted you will receive an email confirming the validation of the reason of your return. Your order includes a free TNT collection document. Please contact TNT in your country to book a collection www.tnt.com
Your order will be exchanged or refunded upon reception.

Important Note:

Unwanted items should be returned unused. Items that have been worn or damaged will not be accepted and will be shipped back to you.
The labels and hangtags provided on the items should remain attached.
You are responsible for any damages that may occur during return shipment, we therefore ask you to carefully pack the unwanted items.


 

9. Guarantee

As imposed by prevailing and relevant statutory provisions, a statutory guarantee applies to the products provided by John Field. If the delivered article fails to conform to the contract, the Purchaser must notify John Field within seven (7) working days following the delivery. Any possible compensation resulting from this shall never exceed the amount invoiced to the Purchaser. General or normal wear and tear, changes to the product caused unintentionally or intentionally by the Purchaser, the inability to submit an original invoice or a valid evidence of payment and other omissions are explicit, but not limitative, exceptions to the above mentioned guarantee scheme.

URLs included on the website or other electronic communication portals, which are actually controlled by John Field, are to be clicked and visited entirely on the Purchaser’s own responsibility.

 

10. Force Majeure

Force majeure is considered as any circumstance beyond John Field's control which entirely or partially prevents compliance with John Field's obligations in respect of the other party.

In case of force majeure, John Field shall not be obliged to comply with its obligations in respect of the other party. John Field will be entitled to suspend the performance of its obligations for the duration of the force majeure.

 

11. Intellectual Property

All intellectual property rights and derived rights continue to be retained by John Field. These intellectual property rights shall be taken to mean copyrights, trademark rights (Benelux depot 0544110 “JOHNFIELD”, Benelux depot 0327673 ( ), Benelux depot 0544819 “SEYNTEX” and depot 0682903 ( ), designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of the intellectual property rights as described in this article and/or make changes to them, unless it only concerns the private use of the product itself.

 

12. Processing of Personal Data

The information you have stated is necessary for the processing and completion of orders and the preparation of invoices and guarantee agreements. If these data fail, the order is inevitably cancelled. Giving incorrect or false personal data is considered to be a breach of the present General Terms and Conditions. The Purchaser’s personal data are exclusively processed in accordance with the prevailing privacy statement, which can be consulted via the John Field website.

 

13. Applicable Law and Competent Court

Belgian law shall be of exclusive application to all offers and contracts. The applicability of the Vienna Sales Convention is explicitly excluded. All disputes related to or arising from offers from John Field or contracts concluded with it, will be submitted to the competent territorial court, unless a mandatory statutory provision explicitly provides otherwise and designates another court as the competent one.

 

PRIVACY STATEMENT

John Field commits to protect your privacy and personal data. John Field will therefore only use your personal data in accordance with the Act of December 8, 1992 on the protection of personal privacy and other prevailing statutory provisions.

We may use your personal information to provide you with news about our operation, services, rates, employment of partners, associates and other employees, important news related to your industry, et cetera. In no event will your personal data be transferred to third parties, nor for information, nor for publicity purposes. John Field has taken all legal and technical precautions to avoid unauthorized access and use.

You are always be entitled to complete, correct or delete all or part of your personal data. John Field undertakes to respond to your request within 5 working days.

When visiting the John Field website, some data is collected for statistical purposes. These data are: IP address, estimated location of consultation, hours and days of consultation and which pages were visited. When you visit the John Field website you agree to these data collection for statistical purposes as described above.

  

DISCLAIMER

The information (texts, images, links) on this site is intended solely for information purposes. John Field makes all reasonable efforts to ensure the accuracy of this information, but cannot be held liable for any damage which may occur due to incorrect or incomplete information. John Field reserves the right to perform changes or corrections or remove all or part of the information.

The information presented (text, images) is protected by copyright law, so the information may not be reproduced or transmitted without prior written permission of John Field. All applicable intellectual property rights are thus preserved.

The Belgian law is applicable.

© 2014 "deJuristen" Intellectual Property and IT Law. (http://www.ictrecht.be). The information presented (general terms and conditions, privacy statement and disclaimer) is protected by copyright law, so the information may not be reproduced or transmitted without prior written consent of "deJuristen". All applicable intellectual property rights are thus preserved.

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