General Terms and Conditions of Sale (‘GTC’)

Preamble
1. The Club Jitsie Marketplace 'https://marketplace.jitsie.com' is owned, managed and operated by Off Road Action BV a private limited Belgian company with registered office at 3540 Herk-de-Stad, Steenweg 3 Berbroek Business Park, unit 3.504, registered under company number 0466.254.155 (‘ORA’).
2. In addition to Items sold by ORA (‘ORA Item’), also Third-Party Sellers (‘Third-Party Sellers’) can sell Items on the Marketplace (‘Third-Party Seller Item’). A Third-Party Seller could be a professional seller or an individual. In order to sell on the Marketplace, these Third-Party Sellers have entered into a contract with ORA subjecting them to various obligations (‘Third Party Seller Agreement’).
3. Third-Party Seller Item sales made via the Marketplace are agreed directly between the Third-Party Seller and the buyer (‘Buyer’). ORA is a third party to these sales and is in no way a reseller of the Third-Party Seller Items. ORA only acts as a provider of Online Intermediation Services. As such, ORA accepts no liability for, among others, information published by Third-Party Sellers, for returns or for any disputes regarding Third-Party Seller Item sales. Third-Party Sellers may have their own sales conditions in which case they will be shown in the ‘Terms and conditions’ tab on the Third-Party Seller’s page. Often this is the case for professional sellers but not for individuals. The Buyer is advised to carefully read the terms and conditions of the Seller, if applicable.
4. Regarding the purchase of an Item via the Marketplace and/or the Online Intermediation Services of ORA, there are important conditions that apply and are taken up in the following documents:
  - The document [General GTC] presents the general terms and conditions that applicable to the Marketplace.
  - The document [Privacy Policy] informs about which personal data are processed and for what purpose.
  - The document [Cookie Policy] informs about which cookies are used by ORA.
  ORA advises the Buyer to read these documents thoroughly so that acceptance during the registration process only occurs when the Buyer fully understand them because for example the GTC form a legally binding agreement between the Buyer and ORA.
5. When using the Marketplace, the Buyer represents that the Buyer:
  - is no minor and aged 18 years or more (otherwise, the parent(s) or legal guardian must sign-up in its place and supervise the use of the Marketplace by the minor);
  - uses the Marketplace only for its personal benefit and not for any professional activity;
  - has full capacity and all the rights to carry out the transactions on the Marketplace;
  - understands that it is fully responsible, in accordance with these GTC and applicable law, for carrying out its obligations under the agreement entered into between the Buyer and the Seller;
  - understands that when ordering an Item, the Buyer undertakes to buy this Item, and that the failure to carry out this transaction obliges to reimburse the losses suffered by the Seller;
Scope
1. The present general terms and conditions of sale apply, without restriction or reserve, to all Items, whether it be ORA Items or Third-Party Seller Items. However, for Third-Party Seller Items, when the general sales conditions of the Third-Party Seller, if applicable, are more favourable, the Buyer may invoke them against the Third-Party Seller. Consequently, when the Buyer, as a natural or legal person, orders an Item on the Marketplace this placement of the order itself irrevocably implies full and complete acceptance of the GTC.
2. ORA reserves the right to unilaterally adapt or modify the GTC at any time for valid reasons and in order to:
  - adapt the GTC to legislative or regulatory provisions in force or being adopted;
  - adapt the GTC to any decision handed down by a jurisdiction, a consumer agency or by any other competent authority, which affects the content of the Marketplace or the services offered by it;
  - prevent abuse or harm or for security reasons;
  - reflect changes and developments in how ORA operates;
  - reflect changes in market conditions or standard industry practice;
  - make editorial changes for example, to correct grammatical or spelling errors;
3. If ORA makes any of the changes identified above, ORA will inform Buyers thirty (30) calendar days prior to the effective date of the changes, unless ORA is legally required to make the changes immediately or within a shorter period.
4. The amendments will not apply retroactively and will not affect any transactions previously made on the Marketplace.
5. If you are not satisfied with the proposed amendments, the Buyer may terminate the relationship with ORA at any time, free of charge. In this case, ORA will continue to fulfil its obligations with respect to any ongoing purchase transactions on the Marketplace.
Third-Party Seller Items
1. Regarding Third-Party Seller Items, ORA only offers Online Intermediation Services as an intermediary between Buyer and Seller. ORA is a third party to these sales and in no way a reseller of the Third-Party Seller Items. Therefore ORA is in such case only responsible for the Online Intermediation Services it provides within the limits of its commitments and under the conditions provided in these GTC.
2. ORA does not guarantee the accuracy of the information mentioned on the Marketplace by Third-Party Sellers and its responsibility cannot be sought in this respect.
3. Third-Party Sellers may have their own sales conditions, often depending on the capacity of the seller (professional seller or an individual). The Buyer is advised to carefully read the GTC and conditions of the Seller, if applicable.
Third parties’ terms and conditions.
1. Apart from any general sales conditions of the Third-Party Seller, certain features of the Marketplace use tools and services provided by third parties (not a Third-Party Seller) like the Integrated Payment System Provider, which may be governed by separate terms and conditions.
No minors
1. The Marketplace is not intended for use by persons who are under 18 years old. If you are a parent or a guardian of a dependent who is younger than 18 years old, you may create an account and accept these GTC on behalf of such person, but by doing so, you take full responsibility for the person’s use of the Marketplace and acknowledge that the Marketplace is intended for persons who are at least 18 years old.
Buyer account:
1. To use the Marketplace, the Buyer must create an account according to the registration process. When creating it, all requested information must be entered correctly, truthfully and completely. The Buyer must keep this information up-to-date and will be solely responsible for any error in the order or delivery due to incorrect information. ORA is entitled, and to the extent necessary is hereby authorized, to do anything reasonably necessary to verify the information provided.
2. The Buyer freely chooses a login password and is solely responsible for the proper management and use of the self-created login passwords and corresponding name. ORA cannot be held liable for any misuse of passwords used to log into the Marketplace. To avoid the cracking of login passwords, login passwords are best changed regularly and kept confidential.
3. An account may be temporarily or permanently blocked upon suspicion or determination of (i) non-compliance with these GTC, (ii) providing false information, (iii) an apparently legitimate complaint, or (iv) creating a false account.
4. The opening of a Buyer account and the use of the Marketplace are free (excluding possible costs of the connection, the price of which depends on the electronic communication operator), without obligation of purchase. Only the purchase of an Item gives rise to a payment from the Buyer.
5. Access to the Marketplace by the Buyers is reserved for strictly personal use. When using the Marketplace, the Buyer declares to act privately.
Ranking of Items
1. The user can navigate the Marketplace according to the different categories of the Items whether for the Items offered for sale by ORA or the Items offered for sale by a Third-Party Seller.
2. There is no differential treatment between Third-Party Sellers or between Third-Party Sellers and ORA.
3. The Marketplace shall rank Items as follows:
  - Items will be placed in categories where they fit best;
  - default ranking will be done based on newest products added;
  - if certain offers are remunerated, they are marked ‘sponsored’ or ‘featured’ and they will be shown by priority.
Content removal
1. ORA will remove any unlawful content as soon as possible. ORA may also use automated software and algorithms to detect and delist or remove from the Marketplace immediately, without prior notice, any Items or content which:
  - is obviously unlawful;
  - is contrary to good moral standards or public security; or
  - otherwise breaches these GTC
2. ORA’s use of such automated software shall not be interpreted as an undertaking to monitor, or an obligation to actively search for, unlawful activities and or content published on the Marketplace and, to the extent permitted by the applicable law, does not give rise to any liability for ORA.
Order
1. Both the Buyer and the Seller acknowledge that completion of the checkout process by the Buyer creates a legally binding agreement between the Buyer and the Seller based on (i) the description and photographs of the Item, (ii) the conditions agreed upon between the Buyer and Seller and (iii) the relevant conditions included in these GTC. The Buyer undertakes to pay for the Item and the Seller undertakes to transfer ownership of the Item.
2. ORA will acknowledge receipt of the order to the Buyer by sending an order confirmation email.
3. The Buyer will be able to consult the information relating to the order in the ‘Orders’ section of the ‘My-Account’ page.
4. ORA reserves the right to cancel any order from a Buyer with whom there is a dispute.
5. The information provided by the Buyer when placing the order is binding on the latter: in the event of an error in this information, and in particular the email address and contact details, ORA cannot be held responsible for the impossibility to deliver the purchased Item. Any delivery made to the address indicated by the Buyer will be considered perfect. In the case of a reshipment due to a lack of information and/or error on the part of the Buyer, the costs incurred by this reshipment will be invoiced to the Buyer.
6. For Third-Party Seller Items, the Third-Party Seller is informed by ORA of an order and has 48 business hours to confirm product availability. If the Third-Party Seller does not reply to the availability of the products within 48 working hours after notification by ORA of the order, the order is automatically cancelled and the Buyer's account is not debited.
7. The Third-Party Sellers are solely responsible in case of unavailability of Third-Party Seller Items.
8. In case of unavailability of an ORA or Third-Party Seller Item, the Buyer will be informed by email and the order of this specific Item will be automatically cancelled. The rest of the order remains firm and final. If the payment of this Item has already been debited from the Buyer's account, it will be reimbursed. Otherwise the price of the unavailable Item will not be charged.
Price of sale
1. For deliveries of ORA Items or Third-Party Seller Items in the territory of the European Union the rates indicated on the Marketplace are expressed by default in Euros and All Taxes included. For deliveries outside the European Union the Buyer will be informed of the specific details (currency, taxes etc.).
2. The Buyer agrees to pay, if necessary, all taxes that may be requested by the country of delivery, including value-added tax and any customs duties. These rights may be requested by the carrier. ORA cannot be held responsible in the event that the Buyer has not paid these taxes and fees.
3. These rates are broken down as follows:
  - Item prices: these prices can be modified at any time by the Seller. However, in case of modification, the selling price applied will be that in force at the time of completion of the checkout process. The prices indicated on the Marketplace do not include delivery charges, unless otherwise stated.
  - Delivery costs: Delivery costs depend on the type of the Item and the delivery method chosen by the Buyer among the delivery methods offered by ORA. These costs are calculated on the fly and shown when the Buyer selects the delivery method.
4. The amount (price of Item and delivery costs) indicated in the confirmation of the order is the total price to be paid by the Buyer.
Payment of price
1. Payment is made online by the Buyer when ordering.
2. Payment can be made by credit or debit card or any other payment method that may be introduced from time to time on the Marketplace. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a Buyer on the Marketplace, the Buyer may be required to provide additional proof that a credit or debit card or other payment method does belong to a Buyer.
3. The order validated by the Buyer will only be considered effective when the payment reaches ORA respectively the Third-Party Seller Items.
4. In the event that ORA' liability is sought for damages related to an error in the debited sums, ORA may waive all or part of its liability by providing proof that the error is attributable to the Buyer, to an unforeseeable and insurmountable event of a third party, or to a case of force majeure.
5. The bank details (credit card number and expiry date) communicated by the Buyer are never transmitted to Third-Party Sellers.
6. A secure connection is used during the payment process to avoid interception of data by third parties. By providing your bank details, the Buyer agrees in advance and without condition that ORA proceeds to the secure transaction. The Buyer therefore authorizes in advance his bank to debit his account in view of statements transmitted by ORA, even in the absence of invoices signed by the hand of the cardholder. Buyer's account debit authorization is always given for the amount of products purchased as invoiced by ORA.
Delivery
1. After confirmation of the order, the Items ordered will be delivered by the carrier chosen by the Buyer, subject to their availability, and unless otherwise indicated to the Buyer when placing an order.
2. For reasons of product availability and the multiplicity of Third-Party Sellers, an order can be delivered one or more times to the Buyer.
3. If the Buyer specifically wants more than one delivery point, he must place several orders, the respective delivery costs for each order being invoiced.
4. In the event of late delivery beyond the deadline provided upon conclusion of the contract, the Buyer must first contact ORA by mail to request that the delivery be made within a reasonable additional time. If the delivery is still not made after this additional period, the Buyer may request the cancellation of his order by mail. The order will be considered cancelled upon receipt of this request. In this case the Buyer will be refunded the total amount paid within fourteen (14) calendar days.
Reception
1. The delivery is made on the doorstep or the ground floor for buildings, offices, houses or other establishments.
2. It is up to the person receiving the order to indicate on the delivery note, in a detailed, precise and detailed manner, all the reservations that seem relevant to this person.
3. In case of apparent defects, the Buyer has the right of return under the conditions provided below.
4. In the event of an anomaly, the Buyer must inform ORA (for ORA Items) or the Third-Party Seller (for Third-Party Seller Items) as soon as possible by any means. The Buyer retains its right to request the application of legal warranties.
Liability
1. ORA and the Third-Party Sellers assume, with respect to the Buyer, the responsibility for the Items they sell, in accordance with the regulations in force.
Returns and Exchanges for Non-Compliance or Defective Items
1. The Buyer benefits from the legal guarantees of conformity and the legal guarantee of defects, and this in accordance with the legal provisions in force.
2. In addition to the legal guarantee some Items benefit from an additional commercial guarantee offered by ORA, the Third-Party Seller and/or the manufacturer. In such case this is explicitly mentioned, otherwise this is not the case.
3. In the event that the Buyer refuses a delivery for non-conformity or defect of the ordered Item, it will have to immediately contact ORA (for ORA Items) or the Third-Party Seller (for Third-Party Seller Items) in the ‘Product Return’ section of the Marketplace, to determine the applicable return procedure, the recipient of the return (ORA or the Third-Party Seller), and the return address.
4. All items must be returned with their accessories and notices, and, where possible, in their original packaging.
Transfer of ownership
1. The transfer of ownership of the Items purchased will be realized at the time of delivery.
Right to withdraw
1. In accordance with consumer law, when the Seller is a professional seller and the Buyer is a consumer, the Buyer has a period of fourteen (14) calendar days from the date of receipt of the order to exercise his right of withdrawal, without having to justify its decision.
2. The exercise of the right of withdrawal must be done:
  - to ORA for ORA Items;
  - to the relevant Third-Party Seller for Third-Party Seller Items;
3. To ensure proper handling of the request, the Buyer is advised to keep ORA or the Third-Party Seller informed in good time and follow the detailed return procedure in the ‘Product Return’ section of the Marketplace.
4. The Item must be returned by post, preferably with delivery against signature, to the address indicated:
  - in the withdrawal form attached to the GTC for ORA Items;
  - in the sales conditions of the Third-Party Seller for Third-Party Seller Items;
  - it must send them to this address within fourteen (14) calendar days of sending the withdrawal.
5. Return shipping costs will be the sole responsibility of the Buyer. ORA or the Third-Party Sellers are not responsible for lost returns.
6. The product must arrive in perfect condition for resale, without any trace of use by the Buyer, with its accessories, manuals and original packaging. The conformity of this return will be checked and validated upon receipt.
7. ORA (for ORA Items) or the relevant Third-Party Seller (for Third-Party Seller Items) will refund the sums paid by the Buyer, free of charge, with the exception of the return costs.
8. In case of return of all ORA Items or all Third-Party Seller Items from the same Third-Party Seller, the amount of the refund will include the price of the products concerned and the delivery costs (one way) of ORA or the relevant Third-Party Seller.
9. In the event of partial return of an order, the amount of the refund will include only the price of the Items concerned, without the expenses of delivery.
10. The refund is due within a maximum of fourteen (14) calendar days. However the refund may be deferred until the recovery of the Item by ORA or the third-party concerned, or upon receipt of the proof of shipment of the return of the Item.
Responsibility and liability regarding Online Intermediation Services
1. The commitments of ORA regarding the Online Intermediation Services are best efforts commitments, which means that ORA will use its best efforts as may be expected of a reasonable and prudent person acting under the same circumstances.
2. ORA and its information providers cannot be held liable for damages resulting from viruses in any form, bugs, for any program or application that is incompatible with the infrastructure used by the Buyer, nor damages resulting from any malfunctions, interruptions or errors, evolution, recovery, control, maintenance, technical problems, interruptions in telephone network or its connected networks or services, overload, negligence or fault of a Third-Party or the Buyer, as well as events independent of the will of ORA such as force majeure.
3. The liability of ORA in case of attributable shortcomings is in any case limited to the extent and for the amount that its professional insurer intervenes.
4. In the event of an attributable shortcoming and only if reparation in kind would not be possible, the compensation to which ORA can be held liable, whatever the cause, nature or object of the claim may be, amounts to the amount for which its professional insurer intervenes or to a maximum of EUR 500,00 whichever amount is the higher. If the Buyer believes it can claim such compensation, it must prove the defects and damage in an adversarial manner.
5. ORA disclaims, barring fraud or willful misconduct, any liability for damages indirectly resulting from the use of the Marketplace. This includes - and is not exhaustively listed - a loss on an opportunity; the loss or corruption of data; the cost of obtaining an alternative; or damage to third parties.
Intellectual property Marketplace
1. The Marketplace, its content and all elements that constitute it, are creations for which ORA and/or, if applicable, its partners as well as the Third-Party Sellers, are holders of the full intellectual property rights and/or rights of exploitation, in particular under copyright, database law, trademark law, and design law.
2. The Marketplace, as well as software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds, or any other data present on the Marketplace, remain the exclusive property of ORA or, the where applicable, from their respective owners with whom ORA has entered into agreements.
3. The Buyer has no more than a right of use and this under the conditions provided. The Buyer has the right to consult online the data and information present on the Marketplace, and may, for a strictly private use, print them or save them for a purchase. Any other use of the Marketplace, particularly commercial, on the part of the Buyer, is prohibited. The Buyer is forbidden to reproduce and/or represent for a use other than private, to sell, distribute, broadcast, translate, adapt, broadcast and communicate in any form whatsoever, any element, information, or data of the Marketplace.
4. In addition, the Buyer is prohibited from introducing, by any means whatsoever, data likely to modify or impair the content or presentation of the Marketplace.
5. ORA reserves the right to take any measures it deems effective in order to prevent or stop any unlawful use, without any liability being incurred by it as a result of such measures.
ORA right to restrict and block Buyer accounts
1. In order to ensure safe and secure environment for Buyers using the Marketplace, ORA may, including by use of automated software and/or algorithms restrict a Buyer’s account and/or block a Buyer’s account temporarily or definitively.
Personal Data Protection
1. ORA collects and processes the personal data of the Buyers thanks to its Marketplace, in compliance with the rights and obligations in accordance with the applicable privacy legislation, as contained in the General Data Protection Regulation.
2. In the context of its own activity as Seller, ORA acts primarily as the Data Controller. As part of the delivery of Third-Party Items ordered by the Buyers via the Marketplace, ORA and the Third-Party Seller are jointly responsible for processing the personal data of the Buyers communicated while placing the order.
3. The Privacy Policy, available at the link, describes the personal data of the Buyers collected by ORA and the purposes for which ORA processes such data. The Privacy Policy and any parts of it are not meant as contractual clauses and do not become part of these General Conditions.
Governance and dispute resolution
1. The use of the Marketplace and/or all purchase transactions made via the Marketplace are subject to Belgian law.
2. Any complaint about the Services can be made via the contact forms available in the 'contact' tab, and it will be answered to the Buyer as soon as possible.
3. The Buyer has the possibility, before any mediation and any legal action, to seek an amicable solution possibly with the help of the European Online Dispute Resolution Service (https://ec.europa.eu/ consumers/odr ).
4. Except in case of mandatory consumer laws, any dispute that cannot be resolved amicably, will exclusively fall within the competence of the courts of Hasselt (Belgium).
Definitions
- Items – means the products that are offered for sale on the Marketplace;
- Integrated Payment System Provider - means any authorised payment service provider which has contracted with ORA to provide payment services on the Marketplace, like MANGOPAY SA, a limited liability company registered in Luxembourg and regulated by Luxembourg's supervisor of the financial sector;
- Online Intermediation Services – means the services offered by ORA on, or through, the Marketplace.

Right of withdrawal

To exercise the right of withdrawal, the Buyer must notify ORA or the Third-Party Seller of its decision to withdraw by means of an unambiguous declaration (for example, letter sent by post or e-mail) or by completing and submitting the following form. Download the Club Jitsie Marketplace Withdrawal Form

General Terms and Conditions of Sale (‘GTC’)

Right of withdrawal

MANGOPAY TERMS AND CONDITIONS

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