General terms and conditions

(01st October 2022)

1. General provisions

These general terms and conditions (hereinafter the “GTC“) are applicable to all products/goods sold and services provided by JBF Toys and Trains Sarl, a Luxembourg private limited liability company (société à responsabilité limitée) established and having its registered office at 147, route d’Esch, L-1471 Luxembourg, and registered with the Luxembourg Trade and Companies Registry, section B under number B271654 (hereinafter “JBF”) to its customers in their capacity as purchaser (the “Customer“, collectively the “Customers“).

2. Acceptance of the GTC and legal capacity

By placing one or more orders, the Customer declares to have read, understood and agreed on the GTC. That the customer is at least 18 years of age or that he/she holds an authorisation from the legal representatives authorising the minor to place an order on the Website, buying in one of our Points of Sale or any other mean of acquiring one of our products, has read these GTC and has full legal capacity to place such an order.
The Customer agrees to assume responsibility for all orders placed on his account, including orders placed by minors sharing his domicile.

3. Conclusion of the sale

The presentation of products and services on the Website does not constitute an offer as such and the execution of the order procedure alone is not sufficient to conclude the sales contract.
The sale is only definitively concluded upon receipt of the payment of the order or service. For security issues relating to online transactions, JBF reserves the right to ask Customers for additional information and to refuse to execute the order if there is no adequate response.
The validation “click” constitutes an electronic signature. Any order validated by the Customer following the validation “click” constitutes an irrevocable acceptance on his part.
JBF will keep the order forms and invoices on a reliable and durable medium that constitutes a faithful copy of the Customers purchasing acts.
The computerised registers of JBF will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.

4. Unavailability

When not all ordered items are on stock, or it is a pre-order of items to come in the future, JBF will inform the customer about the delay. We will ship the order when it is complete, or when the customer wants it in parts, it will be send in batches. Additional shipping cost are in that case for the Customer.

5. Transfer of ownership of products

Notwithstanding article 1583 of the Civil Code, JBF reserves ownership of the products and goods sold online until full payment of the price by the Customer.
However, the risk of loss and damage to the sold goods concerned is transferred as soon as the Customer, or a third party designated by him other than the carrier, takes physical possession of these goods.

6. Prices and payment terms

Unless otherwise stated in the description of the goods displayed on the Website, in the shop or any other point of sale, the prices indicated in euros are final prices including all taxes and do not include delivery costs or other additional costs which are indicated separately and which are payable by the Customer in addition to the sale price of the products when it is needed.
The Customer has the obligation to immediately notify JBF of any inaccuracies in the payment details provided when ordering.
If the Customer does not meet his/her payment obligation(s) within 5 days after ordering, JBF may then cancel the order.

7. Gift cards

7.1. Operation
The Gift Card is issued by JBF and can be purchased by any Customer at the reception desk of the Store, the Website or any other point of sale.
The gift card may be used by any Customer in his/her possession to pay for purchases of products and services offered by JBF in accordance with these GTC.
The Customer undertakes to keep the proof of purchase in paper or electronic format until the gift card is used.
The Gift Card cannot be transferred to cash or any other means then purchasing an item or a service.
7.2. Validity
The Gift Card is valid for twenty-four (24) months from the date of issue. Beyond this period of validity, the amount is lost and may not be subject to any compensation or restitution.

7.3. Theft, loss or damage

The Gift Card is bearer and transferable. JBF declines all responsibility in the event of theft, loss or damage to the Gift Card.
JBF is not responsible for any fraudulent use of the Gift Card and reserves the right to refuse use of the Gift Card if there is any doubt as to the authenticity of the Gift Card.

8. Right of withdrawal

8.1. In accordance with the legal provisions in force, in the context of a purchase made on the Website, the Consumer Customer has a period of fourteen (14) calendar days from receipt of the good(s) ordered or from the day of conclusion of the contract in the case of contracts for services to exercise his/her right of withdrawal, without having to justify his/her reasons or pay a penalty. For an purchase at one of our points of sale, a (14) days right to return policy is also in place.
8.2. In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased, and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer, unless otherwise indicated by JBF.
8.3. Nevertheless, the Customer is informed that JBF is not obliged to reimburse additional costs, in particular shipping costs if the Customer has expressly chosen a delivery method other than the least expensive standard delivery method offered by JBF.
8.4. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in the same packaging as that used during shipment, allowing them to be remarketed.
8.5. Returns must also be accompanied by proof of purchase and a copy of the purchase invoice or delivery note for optimum management.
8.6. In accordance with the regulations in force, the right of retraction cannot be exercised for certain goods and services listed in article L. 222-9 of the Consumer Code. Including but not limited to special ordered or customized products.
8.7. The Customer exercises his right of retraction directly with JBF:

• a. using the standard withdrawal form to be sent to JBF by post or email to the address indicated on the form; or
• b. by any means and in particular by e-mail expressing the Customer’s wish to retract without any ambiguity or equivocation and mentioning the good or order concerned using the messaging tool made available to him/her as part of the Service.

8.8. Once the withdrawal form or declaration has been sent to JBF, the Customer must return the goods concerned to JBF, or to a person authorised by JBF to recover the goods, within a reasonable period of time and, at the latest, within fourteen (7) days following the day on which JBF has informed the customer of approval of his/her wish to exercise his/her right of withdrawal.
8.9. The Customer returns the good(s) to the address indicated on the email send by JBF.
8.10. JBF will refund the sums paid, at the latest within fourteen (14) days from the date on which the goods have been received by JBF following the exercise of the right of withdrawal, using the same means of payment as that used for the initial order.
8.11. The Customer is only liable for the depreciation of goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and proper functioning of these goods. Incomplete, damaged or used goods will not be reimbursed and may be returned to the Customer at his/her expense.

9. Deliveries

JBF offers the Customer the following methods of sale and delivery of goods:

• By “click & collect” understood as the purchase of a good by the Customer and the collection by the Customer, or by a person authorised by the Customer, directly in the Store – the person coming to collect the good in the Store will then have to present the email with the order number (in digital or paper format) to prove to JBF his/her right to collect or receive the good; or
• By online order, where the goods purchased are delivered by JBF to the Customer at his home address or at the address of his/her choice, provided that it is accepted by JBF at the time of the order, given at the time of the order.
• At any other point of sale that JBF has (events, exhibitions, other physical locations)

In the event of non-compliance with this delivery period of more than thirty (30) working days, the Customer may obtain cancellation of the sale and reimbursement of his/her order under the conditions set out in article L.213-2 of the Consumer Code.

10. Goods requiring assembly

The Customer undertakes to check that the goods purchased are in good working order and to read the instructions accompanying the goods carefully before installation.
The Customer undertakes to scrupulously follow the instructions indicated in the assembly manual supplied with the purchased good to avoid any assembly error and any risk of malfunction.

11. Guarantees

JBF is liable for defects of conformity of the goods and products sold in accordance with the provisions of the Consumer Code and for hidden defects of the item sold under the conditions of articles 1641 and following of the Civil Code.
In order to be able to implement the guarantee, it is imperative that the Customer has kept the invoice constituting proof of purchase of the good or product.
11.1. Legal guarantee
In the event of a lack of conformity, the Customer has a period of twenty-four (24) months from the delivery of the goods to oppose to JBF the lack of conformity of the goods sold.
If the lack of conformity of the goods is established more than six (6) months after delivery of the goods concerned, the Customer is required to provide proof of the existence of the non-conformity of the goods at the time of delivery.
The contract may not be rescinded if the lack of conformity is minor.
Defects or damage due to improper use, such as water damage, oxidation, falling or impact, negligence, poor maintenance, use in contradiction with the manufacturer’s instructions, as well as wear and tear, are not covered by the guarantee.
11.2. Guarantee against hidden defects of the item sold
The Customer has a guarantee against hidden defects in the item sold under the conditions provided for in articles 1641 and following of the Civil Code.
In such a case, the Customer can choose between the cancellation of the contract or a reduction of the purchase price.
11.3. Return of goods
If the Customer intends to assert the legal guarantee of conformity or the guarantee against hidden defects of the goods sold, he/she must return these goods to JBF in the state in which they were received with all the elements (accessories, notices, etc.) in packaging that allows transport in good conditions, together with proof of purchase or a copy of the purchase invoice.
The shipping costs will be refunded to the Customer on the basis of the invoiced price.
Refunds will be made using the same payment method as that used for the initial order or by means of a discount voucher on the purchase of another product.
JBF guarantees all its goods and products according to the guarantee provided by the supplier brands it distributes.
If the defect requires the goods to be returned, the costs of transporting the goods to and from the manufacturer’s after-sales service during the guarantee period will be borne by JBF or the manufacturer if it takes charge of them.
Beyond this period, parts, any repairs and transport costs (recovery and product delivery) will be invoiced to the Customer.
11.4. Guarantee exclusions
However, the contractual guarantee is excluded for:

• the replacement of consumable parts;
• breakdowns relating to accessories, breakdowns coming from parts that do not comply with those recommended by the after-sales service of the brand of the good or product.

The contractual guarantee is also excluded for defects and their consequences due to:

• the intervention of a repairer not approved by the brand;
• failure to comply with the instructions given in the use and maintenance manuals and the manufacturer’s recommendations;
• to any handling error as well as to the lack of maintenance of the good or the product;
• to a use which is not in conformity with the use for which the good or product is intended, its characteristics, uses or standards in force;
• to any cause of external origin.

The contractual guarantee does not cover the installation and assembly of the good or product, which is carried out under the sole responsibility of the Customer. In the context of this installation and in order to check the compatibility of the good or product for the use for which it is intended, the Customer must refer to the usual standards, the commercial documentation for the product, and the installation and use instructions for the good or product.

12. Intellectual Property

All elements of the Site are and remain the exclusive intellectual property of JBF and/or its commercial partners.
No one is authorised to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or audio.
The company names, trademarks and distinctive signs reproduced on the Website or any point of sale are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorisation from the trademark owner.
Certain products are subject to specific personal rights of use regulating copies, public distribution and rentals. Customers must respect these specific rights of use and JBF cannot be held responsible for any use that may be made of them in this context.

13. Protection of personal data

JBF undertakes to comply with the legal and regulatory provisions applicable to the protection of personal data and in particular Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural person with regard to the processing of personal data and on the free movement of such data.
The personal data of Customers and visitors to the Website is processed by JBF, as well as their partners in the event of an order placed by a Customer. The processing of the personal data of Customers and visitors to the Website is essential for access to and use of the services and goods offered on the Website. To learn more about the processing of your personal data and your rights relating thereto, JBF invites you to consult the privacy and cookie management policy and the general terms and conditions of use available on the Website.

14. Modification of the general terms and conditions

JBF reserves the right to make changes to these GTC. Nevertheless, the version of the GTC applicable to the Customer remains the one in force at the date of the order.

15. Partial nullity

If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations will retain their full force and scope.

16. Waivers

The failure or delay of one of the Parties to prevail itself of a right arising from these GTC may in no case be considered as a waiver, even implicit, of that Party to subsequently prevail itself of this right or of any other right arising from these GTC.
Any express waiver by JBF to take advantage of one or other of the clauses of these GTC does not in any way entail the waiver of the application of the other clauses.

17. Claims

Unless otherwise agreed, the registered office of the company is the place of performance of the obligations of JBF towards the Customer and of the Customer towards JBF.
At any time, the Customer may contact JBF, send any request or complaint relating to orders by post, e-mail or telephone to the following address:

JBF Toys and Trains S.à r.l.
147, Route d’Esch
L1471 Luxembourg
Tel : +352 26 48 08 20 \ Email : contact@jbftoysandtrains.com
The Customer and JBF will make their best efforts to reach an amicable resolution of the dispute between them.
When the complaints are justified, the declared dispute may give rise either to the return of the product that was the subject of the order, or to the reimbursement of the sums paid.
Provided that the legal conditions are met, the Consumer Customer and/or JBF may submit a request for the out-of-court settlement of a consumer dispute to the Consumer Ombudsman, either by post, fax, e-mail or by visiting the website www.mediateurconsommation.lu/en

18. Online dispute resolution platform

In accordance with Article 14 of Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform is accessible under the following link: https://webgate.ec.europa.eu/odr/

19. Applicable law and jurisdiction

These GTC are governed and interpreted in accordance with the law of the Grand Duchy of Luxembourg.
For any dispute not settled in accordance with the procedure described in the previous articles herein or concerning a Customer other than a Consumer Customer, and unless imperatively provided otherwise, the Luxembourg courts shall have sole jurisdiction, notwithstanding plurality of defendants and/or third-party proceedings, even for emergency proceedings or protective proceedings in summary proceedings or by petition.
For any delivery outside the territory of Luxembourg, the application of the law of the Grand Duchy of Luxembourg does not preclude mandatory legal provisions, more favorable to consumers, which may exist in another member state of the European Union.