Disclaimer
Our website must always be used according to the rights and obligations that are clearly stated on the website and the rights and obligations that are stipulated in the Disclaimer, the Terms and Conditions of Sale and the Privacy Declaration. The entirety of these text constitute our General Terms and Conditions.
These General Terms and Conditions apply both to us, JMC Company N.V., and to you, the User. When you make use of our website, you explicitly recognise and accept that our General Terms and Conditions apply and you fully renounce the application of your own General Terms and Conditions.
In exceptional cases we can deviate from the General Terms and Conditions insofar as these deviations are established in writing and accepted by all parties. These deviations only apply as a replacement of or supplement to the clauses to which they apply, and do not affect the application of other stipulations of the General Terms and Conditions.
1. Who are we?
The website www.jmc-company.com is an initiative of:
- JMC Company N.V.
- Dellestraat 45, B-3550 Heusden-Zolder
- Email: info@jmc-company.com
- Telephone: +32 13 53 90 10
Please do not hesitate to contact us if you have further questions of remarks. We promise you a quick reply!
2. Our website
2.1 Good functioning, security and accessibility
We offer a user-friendly website that is secure for all Users. We therefore take all reasonable measures that are necessary to guarantee the proper functioning, security and accessibility of our website. Even so, we cannot give any absolute guarantees and our measures must be regarded as an obligation of means.
Any use of the website is always at your own risk. This means that we do not bear any liability for damages ensuing from malfunctions, interruptions, harmful elements or defects to the website, regardless of the existence of an external cause or force majeure.
We have the right to limit access to our website and/or interrupt it in full or in part without prior warning. In principle, we will only do this if justified by the circumstances, but this is not an absolute requirement.
2.2 Content on our website
The content of the website is largely determined by us, and we devote the greatest care to this content. This means we take the necessary measures to keep our website as complete, accurate and current as possible, including when content is provided by third parties. The content of our website can be changed, supplemented or deleted at any time.
Even so, we cannot give any guarantees regarding the quality of the information on our website. It is possible that information may not be complete, accurate and/or useful. We are therefore not liable for (direct and indirect) damage incurred by the User as a result of the information on our website.
In the event that certain content on our website entails a violation of the applicable legislation and/or a violation of the rights of third parties and/or is simply not up to standard, we ask that you inform us of this as quickly as possible so we can take the appropriate measures. This will enable us to delete and/or modify the content in full or in part.
Our website contains content that can be downloaded. All downloads from our website are always at your own risk. We are not liable for this, and any damages resulting from a loss of data or damage to the computer system shall fall under the full and exclusive responsibility of the User.
Obvious programming and typographical errors are specifically reserved for prices and other information about products on the website. The User can in no case claim an agreement with JMC Company N.V. based on such errors.
2.3 What we expect from you as the User
The User also bears a certain responsibility when using our website. The User must always refrain from actions that could have a harmful impact on the proper functioning and security of the website. For instance, the website may not be used to circumvent our business model and/or to collect information from other Users on a large scale.
It is therefore not permitted to use our website to distribute content that could cause damage to other Users of the website, such as the distribution of harmful software such as computer viruses, malware, worms, trojans and cancelbots. This also includes the distribution of unsolicited and/or commercial messages via the website, such as junk mail, spam and chain letters.
We reserve the right to take all the necessary actions that could provide compensation to us and to our Users, both judicially and extrajudicially. The User shall bear sole personal and full responsibility if their actions and conduct cause actual damage to the website and the other Users. In that case, they shall indemnify JMC Company N.V. from any damage claim that follows.
3. Links to other websites
The content of our website can include a link, hyperlink or framed link to third-party websites or other forms of electronic portals. A link does not automatically mean that there is a link between us and the third-party website, or that we (implicitly) approve the content of these websites.
We do not monitor these third-party websites and are not responsible for the secure and correct functioning of the link or the ultimate destination. When you click on the link, you will leave our website and we can no longer be held liable for any damages.
It is possible that the third-party websites do not offer the same guarantees as ours. Because of this, we recommend carefully reading the General Terms and Conditions and the Privacy Statement of these websites.
4. Intellectual property
Creativity deserves protection, including our website and its content. The protection is provided by intellectual property rights and accrues to all the entitled parties, being JMC Company N.V. and third parties. By content, we mean the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, etc. All this content is protected by copyright, software rights, database rights, drawing rights and model rights and other applicable (intellectual) property rights. The technical character of our website itself is protected by the copyright, the software rights and database rights. Every trade name that we use on our website is also protected by the applicable trade name or trademark rights.
All Users receive limited rights of access, use and display of our websites and their content. The assigned rights are not exclusive, not transferrable and can only be used for personal, non-commercial purposes. We therefore ask our Users not to use and/or make changes to the items protected by these rights without the permission of the rights holder. JMC Company N.V. places a lot of importance on its intellectual property rights and has taken all the possible measures to guarantee their protection. Any violation of the existing intellectual property rights will be prosecuted.
5. Processing of personal data
The information you have given is necessary for the processing and completion of the requests, orders, and drawing up the accounts and warranty contracts. A minimum of information is required for any request or order. Further data can be requested in function of the personalisation of the order. If the minimum data is missing, the order will inevitably be cancelled. The Buyer’s personal data will only be processed in accordance with the Privacy Statement, which can be consulted via our website.
6. General provisions regarding the General Terms and Conditions
We reserve the freedom to change, expand, limit or stop our website and the associated services. This can be done without prior notification to the User, nor does it give any cause for any form of compensation of damages.
These General Terms and Conditions (including the Terms and Conditions of Sale) are managed and interpreted exclusively in accordance with Belgian legislation. All disputes relating to or ensuing from offers from JMC Company N.V. or agreements that have been entered into with it shall be submitted to the court having jurisdiction from the legal district of Hasselt.
If the functioning or validity of one or more of the above provisions of these General Terms and Conditions are in question, this will not have any effect on the validity of the other provisions of this agreement. In such case, we have the right to change the provision in question to a valid provision of similar effect.