WHY DO WE HAVE GENERAL SALES CONDITIONS?
The aim of the present general sales conditions is to define, exclusively for relationships established over the Internet, the rights and obligations of the Parties participating in the online sale of Products offered on the Website.
The present document applies to online sales, and not to any other document, such as the general sale conditions available in the product catalogue distributed by mail by J&JOY.
Sales can be performed in the language chosen by the buyer.
The Website enables J&JOY to offer products for sale under the J&JOY trading name (hereinafter referred to as “Products”) to Internet users browsing on the Website (hereinafter referred to as “Users”). In application of the present document, it is agreed that the User and J&JOY shall jointly be referred to as the "Parties" and individually as the "Party", and that Users who have confirmed an order shall thereafter be referred to as the "Buyer". The rights and obligations of the User shall necessarily apply to the Buyer.
A User wishing to make a purchase on the Website shall be deemed to have full legal capacity. However, any person deemed incapable within the meaning of article 1123 ff. of the Civil Code, if they are completely unable to make a purchase on the website and wish to acquire the capacity of Buyer, may be deemed a User of the Website. The viewing of the Website and of the services it offers are then under the responsibility of their legal representative. This legal representative shall be required to respect the present provisions. In any event, during the transmission of personal information, the legal representative may themselves complete the registration form or explicitly authorise the person they represent to complete the aforementioned form, with the provisions relating to personal information as stated in article 8 below remaining in full application.
The order shall be honoured, subject to company’s ability to refuse it. An order may not be honoured in the event of an error in the pricing, in the absence of payments for previous orders or in case of returns or loss of articles deemed too frequent by J&JOY.
Any order for a Products offered on the Website assumes the consultation and explicit acceptance of the present general sales conditions, although this acceptance does not require a handwritten signature on the part of the User. In accordance with the provisions of the law of 9 July 2001 setting certain rules relating to the legal framework for electronic signatures and certification services, please note that the confirmation of the purchase order as stated in article 3.3 below constitutes an electronic signature which, between the Parties, shall have the same value as a handwritten signature, proving the entire agreement and the payability of the amounts owed in performance of the aforementioned order.
Finally, please note that the User may save or print the present general sales conditions, as long as they are not modified in any way.
GENERAL SALES CONDITIONS
Article 1. Purpose
Users are requested to read these general conditions before placing an order! If you are under the age of 18, you must have permission from a parent or guardian before placing an order and/or proceeding with payment.
Article 2. Products-Price
2.1. Products
The Products offered on sale by J&JOY are those which appear on the Website on the day that the Website is viewed by the User, as long as stocks last.
Should any Product be out of stock, the Buyer will be informed as quickly as possible. J&JOY may substitute such product by a similar item of at least equivalent value. If they don’t want to keep the substitute product, the Buyer will have the possibility of obtaining the refunding, in accordance with the provisions set forth in Article 4 & 7.
Photographs and texts illustrating the Products are not contractual. If these photographs and/or texts are erroneous in nature, J&JOY may not be held liable for this.
2.2. Prices
The prices are indicated in Euros. They take into account any reductions and VAT applicable on the date of ordering.
The prices do not include order administration fees, which are detailed in article 2.3. These shall be invoiced in complement - following the definitive confirmation of the order. The invoice that the User will receive at the time of delivery of the package shall include the price of the products, along with the order administration fee.
The prices indicated are guaranteed up to the date given, as long as stocks last, notwithstanding any significant changes to charges and especially VAT, and failing any error or omission.
Any promotions in the form of coupons are valid for one order per household over a given period of validity.
J&JOY reserves the right, as accepted by the User, to change its prices at any time, but the Products will be invoiced based on the prices in force at the time of confirming the order, subject however to the availability of such Products. The prices posted on the Site are subject to change for reasons of introductory pricing, promotions or sales.
2.3. Shipping charges
The shipping charges are invoiced to the Customer according to the weight and size of the parcel (including possible packaging and gifts), the place of delivery and the carrier or mode of transport chosen.
Shipping is free for some countries, and may be occasionally free of charge in connection in connection with promotional marketing campaigns made by J&JOY or after exceeding a specific order amount. The customer will be informed of this throughout the ordering process.
Shipping costs are available on the Website in the "Delivery" section.
Article 3. Registration and Confirmation of Orders
3.1. Browsing the Website
Users may become aware of the various Products offered for sale by J&JOY on its Website.
Users are free to browse the various pages on the Website with no commitment to place an order.
3.2. Registering an order
If the User wishes to place an order, they should choose the various Products in which they are interested, and demonstrate this interest by clicking on the box "Add to basket".
At any time, the User may:
- - view a summary of the Products selected, by clicking on "My Basket";
- - correct any mistakes made when entering order data by clicking on the product description; corrections may no longer be made once the User has clicked on "Place an Order";
- - end the selection of Products and order these Products by clicking on "Next";
- - add more products by clicking on "Continue shopping".
On the “Shopping Cart” page of the website, the User can use the “Discount voucher” for which they are the holder and place the order with the following information: item reference(s), quantity and size. However, if the “Discount voucher” is not recognised by the Website, the User can reach the customer service via email: support@jn-joy.com.
To order selected Products, after clicking on "Next", the User will have to identify itself by providing his e-mail address and password created beforehand in the section “Identify yourself”.
The user must complete in full the form available on-line, which contains the details required for identity purposes and, in particular, first and last names and postal address. Furthermore, the User will have to provide an e-mail address and a password of his choice that will be personal and confidential and that they will need to identify themselves later on the Website.
The User is hereby informed that entering these two identifiers shall be tantamount to proof of his identity and shall constitute valid consent.
Once the User has been identified, they should choose the delivery address (as given in article 4 below) and the delivery they wish. Then a purchase order will be displayed on-screen, summarizing the total amount of the order (including administration costs as detailed in article 2.3, unless otherwise stipulated). The User can select method of payment of is choice, following the instructions detailed in article 6.
3.3. Definitive confirmation of the order
As soon as the User clicks on the chosen method of payment, they will be redirected to a page stating the summary of the order, i.e. the type of product chosen, the quantity, size and price. If the user clicks on "I confirm my order", they will definitively confirm their order: the order is recorded and the sale is definitively concluded. The User may no longer correct any errors made when entering their order details. The User becomes a Buyer. The purchase order will be recorded on the IT registers of J&JOY or its service provider, which are kept reliable over time, and shall be deemed as proof of the contractual relationship entered into between the Parties. The agreement will then be archived in electronic format for the exclusive use of J&JOY.
In accordance with article 5 below, the Buyer has the right to terminate the order, without penalty or reason given, within a period of fourteen (14) calendar days as of the day following delivery of the Products by J&JOY.
3.4. Order confirmation
As soon as the sale has been definitively concluded, an order summary will be sent by J&JOY via e-mail to the e-mail address provided by the Buyer at the time of ordering.
This confirmation shall include all the elements making up the agreement entered into by the Parties, and shall constitute proof of purchase between the Parties. It shall also constitute proof as to the availability, the price of the items and the shipping costs. The invoice sent to the User at the time of delivery of the package shall therefore include the price of the products, along with the order administration fee.
Regarding customized products (products "MyPolo" or “MyPolo Club”: www.monpolo.be, www.monpolo.be/club), their colors, photographs and specifications are indicative and may be different from the final product. Note that the size and places of customized products patterns are subject to interpretation by J&JOY. The image of a customization on textile is not an exact reflection of an image on screen. The combination of different marking techniques with different colors can generate variations in terms of result that the client must consider, J&JOY will in no event be held liable. In addition, J&JOY reserves the right to accept or not the design of the customized item by the Buyer, even after the payment of the order. If for any reason the pattern created by the Buyer goes against the values for which J&JOY stands andit results in an order cancellation, J&JOY will refund the Buyer within 2 working days.
Article 4. Delivery
4.1. Deadlines
The following delivery deadlines shall be applied:
For all available items to be delivered in Belgium, the Netherlands or Luxembourg, the shipping date shall normally be 24 working hours as of the date following the confirmation of the order by the Buyer.
For all available items to be delivered in other European countries, the shipping date shall normally be 48 to 96 working hours as of the date following the confirmation of the order by the Buyer.
In the event that the order cannot be performed within a maximum period of 30 working days, as of the day following the confirmation of the order by the Buyer, this latter shall have the right to cancel the Purchase. If the order summary sent to the Buyer states “available within X weeks”, the maximum time of delivery is 30 working days increased by the number of weeks in question.
During promotional period, extra delay might apply regarding delivery.
4.2. Delivery address
The Products ordered by the Buyer shall be delivered to the address given by this latter on the purchase order.
In any event, the Products shall be routed by the standard postal services or by carrier. J&JOY shall not be held liable for any excessive delivery delays caused by the postal services or modes of transport, or for the loss of ordered Products or for any strikes.
The transportation risks shall be the responsibility of the Buyer, who should address a justified protest to the postal services or carrier within a period of three (3) working days from the date of delivery. Furthermore, it is stated that the ownership of the ordered Products shall only be transferred to the Buyer upon full payment of the invoiced price, including shipping fees. All other risks of loss and damage relating to the Products shall be transferred to the Buyer upon delivery.
Article 5. Right of withdrawal
The Buyer has a period of thirty (30) calendar days (20 working days) to return the Product(s) ordered, at their own cost, without penalty or indication of reason. This period shall run from the day following the date of delivery of the order. If the Buyer wants to exercise this right, the following procedure shall apply:
The Buyer will have to follow the return procedure available at https://www.jn-joy.com/en/content/111-returns
in accordance with the said form of the SPF Economy: https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/Formulaire-de-retractation.pdf.
The following shall not be accepted as returns:
- an indemnity will be asked to the consumer in case of damaged articles.- - the items should be returned preferably in their original packaging.
- - items damaged through negligence, misuse or which have been repaired by third parties or by the Buyer himself;
- - personalized items at the Buyer’s request (ae MonPolo or MonPolo Club)
- - a cleaning allowance will be claimed if necessary.
Items returned in this state shall be kept by J&JOY and made available to the Buyer, which shall be required to make payment for them. In the event of abnormal or unreasonable returns, J&JOY shall reserve the right to refuse any subsequent order.
They have to be sent to the following address:
- J&JOY – retours eshop
- Au Fonds Râce 19B
- 4300 Waremme
- BELGIUM
The Buyer must keep their proof of return. If the items are faulty of comformity, the postage costs will be reimbursed. In all other cases, the postage costs shall remain payable by the Buyer.
The Buyer shall be responsible for the Product(s) until they get to J&JOY. J&JOY will not refund the lost products. If the abovementioned conditions are fulfilled, J&JOY will send a confirmation e-mail to the Buyer (at the address provided on the purchase order) and reimburse the Buyer with the amounts paid by this latter, except for the cost of returning the Products, which shall remain the Buyer's responsibility, within a period of fourteen (14) days as of the date that J&JOY receives the return request.
The refund will be credited according to the same payment method used for the initial transaction via voucher or to the bank account or the credit card used during the payment of the Product(s).
The right of withdrawal provided for in these terms and conditions shall apply only in the strict framework of the application of the Consumer Protection Act. Note that for customized products made by the Buyer (products "MyPolo" or “MyPolo Club”: www.monpolo.be, www.monpolo.be/club), the Buyer will not benfit from a right of withdrawal, exchange or refund, except in the case of a defective item (see https://www.jn-joy.com/en/content/111-returns), as stipulated in Art. XIV. 47 of Droit de rétractation dans les contrats à distance du Code de droit économique.
Article 6. Payment
All orders require a contribution of the shipping costs, as mentioned in article 2.3., and, where appropriate, a contribution of the payment costs, depending on the chosen method of payment.
The following payment methods are not accepted: postage stamps, bank transfers attached to the order, cash attached to the order and checks.
Upon confirmation of the order, the Buyer shall be requested to select one of the following payment methods:
- - VISA or MasterCard: the Buyer should give the card number and expiration date on the purchase order. The payment will be made according to arrangements agreed with his bank;
- - Gift voucher: has always to be mentioned when the ordered is placed. J&JOY shall deduce it from the amount to be paid, and, if necessary, J&JOY shall refund the remaining balance (except for the gift vouchers);
- - Paypal: the Buyer should give his PayPal account number (as long as their account holds sufficient funds);
- - Transfer on the internet (NETbanking): via ING Home pay, Dexia, CBC, KBC, FORTIS or any other banking institution agreed on the Belgian territory.
In any event, J&JOY reserves the right to refuse any order or delivery due to:
- - An ongoing dispute with the Buyer;
- - The full or partial non-payment of a previous order by the Buyer;
- - Payment authorisation rejection by credit/debit card issued by a banking institution;
- - Non-payment or partial payment.
J&JOY shall under no circumstances be held liable.
Article 7. Guarantees
The Buyer has to carefully keep the guarantee certificate attached to the delivery note. In the event of any anomaly upon receipt of the package, the Buyer may contact J&JOY by telephone or e-mail.
7.1. Exchange or return of items
If the Buyer does not like an item, this latter shall have 14 calendar days to return this item in its original packaging (see Article 5). Any returned item must be complete and as new.
The following shall not be accepted as returns:
- - Items soiled or damaged by the Buyer, as well as worn clothing;
- - items not in their original packaging, incomplete items;
- - items damaged through negligence, misuse or which have been repaired by third parties or by the Buyer himself;
- - personalized items at the Buyer’s request (ae MonPolo or MonPolo Club)
- - socks and underwear
Items returned in this state shall be kept by J&JOY and made available to the Buyer, which shall be required to make payment for them. In the event of abnormal or unreasonable returns, J&JOY shall reserve the right to refuse any subsequent order.
The Buyer must keep their proof of return for a period of 3 months. If the items are faulty, the postage costs will be reimbursed. In all other cases, the postage costs shall remain payable by the Buyer.
During promotional period, the articles will only be refunded via voucher (period of validity: 1 year).
7.2. Legal guarantee
The Buyer shall have a legal guarantee against any failure of compliance in existence at the time of the delivery of their item, if they were unaware or could not be aware of the fault at the time of entering into the agreement, and if said fault arises within two years as of delivery. In this case, the Buyer may request either a repair to the item or a replacement. If neither of these solutions is possible, they may request a commensurate reduction in the price or the termination of the agreement, under the conditions set out by law (art. 1649b ff. of the Civil Code). To do this, the Buyer shall notify J&JOY in writing within two months at the latest as of the date on which the fault was noted. If the fault appears within a period of six (6) months following delivery, it shall, in principle, be the responsibility of J&JOY to prove that the fault did not exist at the time of delivery. After a period of two years, the Buyer may no longer demand the repair or replacement of their item, except where otherwise specified on the website. Items with a normal lifespan of less than two years, even six months, in accordance with practices generally recognized and according to the state of the technique (taking into account in particular their price), are only guaranteed for their normal lifespan. The legal rights that the Buyer has under the Belgian legislation that are applicable to the sale of consumer goods are not affected by the guarantees described elsewhere in the website.
7.3. Correspondence and visit address
All correspondence or procedure relating to the guarantees detailed in this article should be addressed or made to SA J&JOY, Avenue Edmond Leburton 6, 4300 Waremme, Tel : +32 19.30.25.82 Fax : +32 19/33.01.53, e-mail address: support@jn-joy.com
Article 8. Miscellaneous provisions
8.1. Force majeure
J&JOY shall not be held liable for the full or partial failure to perform its obligations under the present agreement, if this failure to perform is caused by an event constituting force majeure, especially the presence of a computer virus, in the event of a disturbance or full or partial strike by the postal services and means of transport and/or communications, flooding, fire.
Events fulfilling the criteria set out in case law shall be deemed to be cases of force majeure.
If an event constituting force majeure occurs, J&JOY shall notify the User/Buyer within five (5) working days following the occurrence of said event.
Beyond a period of one (1) month of interruption owing to a case of force majeure, J&JOY shall be able not to honour the order, in which case it shall reimburse the Buyer, if applicable.
8.2. Partial invalidity
The nullity or inapplicability of one of the provisions of these Conditions shall not affect the validity or applicability of the other provisions. Where appropriate, the parties shall undertake to replace the invalid or inapplicable clause by a valid clause which is the economically closest to the invalid or inapplicable clause.
The fact that J&JOY does not prevail himself of one of these Conditions at a given time may not be interpreted as a waiver to prevail himself of such Condition at a later stage.
8.3. Integral nature of the agreement
The present general sales conditions and the order summary sent to the Buyer shall form a contractual whole and constitute the full contractual relationship between the Parties. In the event of any contradiction between these documents, the general sales conditions shall prevail.
8.4. Applicable law - competent jurisdiction
These Terms and Conditions of Sale and the contractual relationship between the Parties are governed by the laws of Belgium, even in the case of a guarantee call. The parties shall expressly agree to exclude the application of the Vienna Convention on the International sale of goods.
Any dispute relating to the interpretation, execution or interpretation of these general terms and conditions or to any conventions to which they apply, and which cannot be resolved amicably, is subject to the exclusive competence of the courts of the judicial district of Liège and, where appropriate, the Justice of the Peace in the county of Waremme.