General terms and conditions

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Company details

Circus JOJO BV
Kempische Steenweg 226
3500 Hasselt
Belgium
VAT: BE 474.038.208
tel.: +32 11 64 80 08
fax: +32 11 64 63 66
email: info@circusjojo.com
RPR Antwerpen, afdeling Hasselt

Article 1: General provisions

The electronic webshop of Circus JOJO BV, a private limited liability company with its registered office in Hasselt (Belgium), Kempische Steenweg 226, VAT BE 0474.038.208, (hereinafter ‘Circus JOJO BV) provides its customers the opportunity to buy online at https://circusjojoshop.com

These General Terms and Conditions (“Terms and Conditions”) apply to all orders a visitor (“Customer”) of this website places with Circus JOJO BV. Placing an order via the Circus JOJO BV’s webshop means that the customer has consulted these Terms and Conditions and explicitly accepts the applicability of these Terms and Conditions, to the exclusion of any other terms and conditions. Any additional terms and conditions of the customer are excluded, unless Circus JOJO BV has previously explicitly accepted in writing.

Article 2: Price

All prices listed are expressed in Euros, always excluding VAT and all other required taxes to be paid by the customer. In the event that shipping, reservation, or administrative costs are charged, this will be mentioned separately. The price listing only applies to the articles as specifically described. The accompanying photograph is offered as an illustration and may contain elements or articles not included in the price.

Article 3: Offer

Every offer is only available for customers residing in the European Union. The articles are solely intended for normal, private use.

Despite the fact that the catalogue and the website are composed with the utmost diligence, some of the information on offer may nonetheless be incomplete, contain material errors, or be outdated. Any apparent mistakes or errors in the assortment are not binding on Circus JOJO BV. As far as the correctness and completeness of the information on offer are concerned, Circus JOJO BV is only bound by a best efforts obligation. In no event will Circus JOJO BV be liable in case of material errors, printing errors, and technical errors.

If you have any specific questions concerning for example, sizes, colours, availability, shipping periods, or shipping methods, we request that you contact our customer service in advance (see Article 12).

The offer is always subject to availability and Circus JOJO BV may modify or rescind it at any time. Circus JOJO BV cannot be held liable for the unavailability of a product.

Article 4: Online purchases

Once you have made your choice of product, you can continue to checkout with your shopping cart. You are required to register first. You can then check the order summary, after which you will be linked through to the ‘external page’ of the secure payment system. After confirmation of your payment, you will be returned to the Circus JOJO webshop. You have the choice of paying via bank transfer, Bancontact, or in the physical shop upon pick-up of your product.

The customer can choose from the following payment methods:

  • Bancontact
  • Carte Bleue
  • Giropay
  • iDEAL
  • Maestro
  • Mybank
  • SOFORT e-commerce
  • PIN
  • Visa Mastercard

The purchase is realised at the moment the customer has received the confirmation email from Circus JOJO BV.

The articles are delivered to the customer’s home on the date specified in the confirmation email. It is also possible to pick up your order at the actual store (Kempische Steenweg 226, 3500 Hasselt).

The maximum shipping period is in any case limited to 30 days, unless a different point in time has been specified.

Circus JOJO BV has the right to refuse an order (in writing), resulting from a serious shortcoming of the customer with regards to the order or from any order or agreement involving the customer.

Article 5: Retention of title

The articles delivered will remain the exclusive property of Circus JOJO BV until customer has paid in full. The risk of loss or damage also transfers to the customer at the time of delivery. The customer is obliged to notify third parties of Circus JOJO BV’s retention of title if necessary, for example to anyone who would seize any articles that have not yet been paid in full.

Article 6: Sanctions for non-payment

Without prejudice to the exercise of other rights of Circus JOJO BV, the customer is liable to pay an interest rate of 12.5% per year, legally and without further notice of default, in case of non-payment or late payment, starting from the date of default of payment. Moreover, the customer is liable to pay a flat-rate compensation of damages of 10% of the relevant amount, legally and without further notice of default, with a minimum of 25 Euros per invoice.

Without prejudice to the above, Circus JOJO BV reserves the right to retake possession of the unpaid (or not fully paid) articles.

Article 7: Delivery

Delivery will be carried out by an external partner. The delivery period depends on availability and on the country of delivery. Articles in stock will be shipped within two business days. In general, there is a maximum delivery period of 30 days, unless otherwise indicated.
Any visible damage and/or qualitative defects to an article or any other defect during delivery must be reported immediately.

Article 8: Warranty

Warranties are subject to the terms and conditions set by manufacturers.

In the event of irregular and/or improper use or reparation by an unauthorised person these warranties will be null and void.

a. Legal warranty (only for consumers/private persons)

Under the law of 21 September 2004 pertaining to the protection of consumers who buy consumption goods, the consumer has legal rights. All articles are subject to the legal warranty from the date of purchase by (or delivery to) the first owner. No commercial warranty can diminish these rights.

b. General

In order to appeal to the warranty, the customer must be able to produce proof of purchase.

For articles that were purchased online and delivered to the customer’s home, the customer must contact Circus JOJO BV customer service beforehand, after which the customer shall return the article to Circus JOJO BV at his own expense.

Customer is required to report any defect within a period of two months after it was observed. After this period, any right to replacement or repair is null and void.

The (commercial and/or legal) warranty never applies to defects that occur as a consequence of accidents, neglect, falls, abnormal or incorrect use, use of the article contrary to the purpose for which it was designed, failure to comply with the usage instructions or manual, adjustments or modifications to the article, rough use, or poor maintenance.

It also does not apply to articles with a shorter lifespan, or single-use products.
Defects that manifest after a period of six months following the date of purchase, or the date of delivery where applicable, are not considered to be hidden defects, excepting customer’s proof to the contrary. The warranty is non-transferable.

Article 9: Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us Circus JOJO BV, Kempischesteenweg 226, 3500 Hasselt, Belgium, info@circusjojo.com, +32 11 64 80 08 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is
sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

a. Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right to cancel does not exist for the following contracts:

  • Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
  • Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
  • Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
  • Contracts for the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value
    of which is dependent on fluctuations in the market which cannot be controlled by the trader.
  • Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
  • Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.

Right of withdrawal form

Article 10: Privacy policy

Information concerning your privacy can be found in our privacy policy.

Article 11: Effect on validity – non-waiver

In the event that a provision of these Terms and Conditions is declared invalid, illegal, or void, this will in no way affect the validity, legality, and applicability of the other provisions.

Circus JOJO BV’s decision not to enforce one of the rights listed in these Terms of Conditions at any moment, or to immediately exercise one of these rights, shall never be considered a waiver of the provision concerned and will never affect the validity of these rights.

Article 12: Circus JOJO BV Customer Service

Circus JOJO BV customer service is available by phone at +32 11 64 80 08, via email at info@circusjojo.com, or by mail at the following address: Circus JOJO BV, Kempische Steenweg 226, B-3500 HASSELT.

Article 13: Change of terms and conditions

These Terms and Conditions are supplemented by other terms and conditions that are explicitly referred to, as well as by the Circus JOJO BV general sales conditions. In case of any contradiction, these Terms and Conditions apply.

Circus JOJO BV may change these Terms and Conditions at any time without further notice. Any purchase after such a change means that the customer accepts these new Terms and Conditions.

Article 14: Proof

The customer accepts that electronic communications and backups may be used as means of evidence.

Article 15: Applicable law – Competent court

Belgian law applies, with the exception of the provisions of private international law on applicable law and the Rome-I Regulation on international trade agreements regarding movable goods. In the case of any dispute, the Register of Legal Entities (RPR) of Antwerp, department Hasselt, is exclusively competent.