1 - GENERAL TERMS AND CONDITIONS E-COMMERCE
We greatly appreciate your choice to become a customer of joybuy and enjoy our products and services! We hope every product we sell shall be of the highest quality. Of course, if you have bought a product that does not meet the highest quality or your expectations, we will be more than happy to solve this for you.
These General Terms and Conditions are applicable to contracts with consumers (B2C) and contracts with customers, not being a consumer (B2B). These General Terms and Conditions are in addition to UK mandatory laws protecting the rights of consumers, and are not in deviation thereof. In the event of a conflict between any provision of these general terms and conditions and UK mandatory law protecting the rights of consumers, the provision which is more favorable to the Consumer will prevail.
Please see details on the order process, payments, FAQs, delivery, complaints, and reviews from Joybuy customer service portal by clicking here.
•ARTICLE 1. DEFINITIONS
In these general terms and conditions, the following definitions apply:
After Sales Policy | the policy provided in Appendix 1 detailing conditions regarding returns and refunds of paid amounts; |
Account | the virtual account provided by joybuy to a Customer; |
Consumer | a natural person who is not acting in the context of practicing a profession or carrying on a business; |
Contract | each and every agreement between joybuy and the Customer, concerning the delivery of a Product to the Customer, as well as any change therein or amendment thereto, as well as any (legal) acts in preparation or execution of such agreement; |
Customer | any person or legal entity that places an order with joybuy, with which joybuy has concluded a Contract or with which joybuy is in the process of discussing or negotiating the possible conclusion of a Contract or to which joybuy has made an offer; |
Day | a calendar day; |
Distance Contract | a contract between joybuy and the Consumer whereby, in the context of a system organised by joybuy for the distance selling of Products and/or services, only one or more type(s) of distance communication is or are used up to and including the moment of conclusion of the contract; |
General Terms and Conditions | these general terms and conditions; |
joybuy | the legal entity identified in Article 2 of these General Terms and Conditions and/or any legal entity or business affiliated therewith; |
Products | any products and/or other items delivered or to be delivered by joybuy to the Customer; |
Right of Withdrawal | the right that the Consumer has within the Withdrawal Period to cancel the Distance Contract; |
Special Terms and Conditions | the special terms and conditions regarding customer account and coupons; |
Standard Withdrawal Form | the European Standard Withdrawal Form included in Appendix II; |
Website | the website with the address https://www.joybuy.com, or any other website of joybuy including the online application (App); |
Withdrawal Period | the term within which the Consumer may exercise the Right of Withdrawal. •ARTICLE 2. IDENTITY OF JOYBUY |
2.1 Name of joybuy: JINGDONG RETAIL (UK) Limited
Business address: Floor 3, 20 King Street, London, SW1Y 6QY
Telephone number: [XXXX]
Email address or other electronic communication means with the same functionality as email: [XXXX@joybuy.com].
Chamber of Commerce number: 15830555
VAT identification number: [XXXX][KS1]
•ARTICLE 3. APPLICABILITY
3.1 These General Terms and Conditions apply to and form an integral part of every offer, quotation, proposal, order confirmation of joybuy and any Contract between joybuy and the Customer, including Distance Contracts, governing the legal relationship concerning the delivery of a Product by joybuy to the Customer, unless joybuy and the Customer have explicitly agreed in writing otherwise.
3.2 Joybuy requires that the Customer is registered in joybuy by virtue of a valid Customer Agreement. Without a valid Account it will not be possible for the Customer to make use of the Website and/or to conclude a (Distance) Contract with joybuy.[KS2]
3.3 The Customer is advised to read these General Terms and Conditions carefully before entering into a Contract with joybuy.
3.4 The Website and these General Terms and Conditions are available in English and can be consulted and downloaded on the Website at the following address: www.joybuy.com.
3.5 Customer accepts the applicability of the General Terms and Conditions through the sole fact of enquiring and/or ordering from joybuy.
3.6 The applicability of purchase conditions or other (general) conditions of the Customer are explicitly excluded and rejected, unless these are accepted in writing by joybuy in respect of any specific transaction.
3.7 Joybuy may subcontract any (part of the) performance under the Contract to a third party. Joybuy remains responsible to the Customer for the execution of the Contract, including for the performance by third parties in the same way as joybuy would be under these General Terms and Conditions and the Contract as if joybuy would have performed the Contract itself, unless the Customer has instructed the (use of the) third party.
•ARTICLE 4. THE OFFER AND CONCLUSION OF A CONTRACT
4.1 All offers or quotations issued or made by joybuy are without any obligation for joybuy, unless stated otherwise in writing.
4.2 Joybuy is not bound by any offer or quotation if the Customer can reasonably understand that the offer or quotation, or a part thereof, contains a mistake or a clerical error.
4.3 Any offer or quotation, even if it is irrevocable, may be withdrawn by joybuy, if the withdrawal reaches the Customer before or at the same time as the acceptance of the offer.
4.4 A Contract, as well as modifications and additions thereto, is concluded at the moment when accepted or confirmed in writing by joybuy or after joybuy started to perform the Contract.
4.5 If the reply to an offer by the Customer differs or contains additions, limitations or other modifications from the offer of joybuy (whether or not the difference/addition/limitation/modification pertains to points of minor significance), joybuy shall not be bound by the difference, additions, limitations or other modifications, unless joybuy states explicitly otherwise in writing.
4.6 If joybuy provides an offer or quotation consisting of a certain amount or range of Products, the quotation shall only apply if the Customer accepts the offer in full and takes delivery of the full range and number of Products. If the Customer only wants a part and/or not the complete number or range of offered Products, the price per Product shall be higher than a corresponding proportion of the quoted price, unless joybuy stated explicitly otherwise in writing in its offer or quotation.
4.7 Documentation materials in or accompanying any offer or, quotation in any form, are, unless stipulated otherwise in writing, for information purposes only and shall not be binding to joybuy. Joybuy will observe the utmost care in providing any statements of prices, numbers, sizes, weight, colours, pictures and/or other (technical) specifications of the Products. Documentation, samples, drawings or models shown or provided are only indications of the Products concerned, and the Customer cannot derive any rights therefrom. Joybuy does not guarantee the absence of any deviations. Joybuy makes a reservation with regard to in the branch usual margins.
4.8 Offers and quotations of joybuy, and or any agreed deviations or additions thereto, do not automatically apply to future orders. The Customer cannot derive any rights from any offers, quotations and/or any agreed deviations or additions thereto, for other and/or future transactions.
4.9 Within the statutory parameters, joybuy may ascertain whether the Customer is capable of meeting his payment obligations and may also apprise itself of all facts and factors that are relevant to entering into a Distance Contract in a responsible manner. If, based on this investigation, joybuy has good reasons for not entering into a Distance Contract, it will be entitled to refuse an order or a request, which refusal must be substantiated, or it may apply special conditions to the execution of an order or a request.
4.10 In the event one or more Products are unavailable once the order has been placed, joybuy will inform the Customer as soon as possible. The price of the order will be recalculated, and the Customer will debited the new amount, with the price of the unavailable item deducted. In case the Customer already made a payment, joybuy will refund the excessive amount without undue delay.
4.11 The Customer is solely responsible for the correct and complete provision of information necessary for joybuy to accept and complete the order, including but not limited to information about Customer`s address, payment details and Contract information and the timely supply thereof. Joybuy cannot accept any liability for any error or inaccuracy in a customer`s order.
•ARTICLE 5. TERMS OF DELIVERY
5.1 The delivery time commences on the date the Contract is effectuated. If joybuy requires data or other information for the execution of the Contract that needs to be provided by Customer, the delivery time shall not commence until the Customer has provided to joybuy all required data or information, if this is later than the date of effectuation of the Contract.
5.2 At all times, joybuy shall be entitled to deliver the Products in instalments. In the event of a delivery in instalments, joybuy shall be entitled to invoice each partial delivery separately.
5.3 The Product can be sent by joybuy to the Customer or be picked-up by the Customer at the location agreed when concluding the Contract.
5.4 If the Product is to be delivered by joybuy at the address of the Customer, the delivery location is the address that the Customer has made known to joybuy. joybuy delivers in UK. Joybuy reserves the right to suspend or cancel the order if a delivery address has been submitted which is not located within UK.
5.5 With regard to Customers, not being Consumers, delivery of the Products shall be at Ex Works (EXW) warehouse joybuy in UK, in accordance with the most recent Incoterms of the International Chamber of Commerce in force at the time when the Contract is concluded, unless joybuy and Customer agreed otherwise. Delivery shall be deemed to have taken place at the time where the Products are made available to the Customer. Unless parties agreed otherwise in writing, all Products shall be transported for the account and risk of the Customer, even if joybuy has arranged the transport and/or where the dispatch is made carriage paid.
5.6 If the Customer, not being a Consumer, fails to collect the Products in full or in time or fails to provide information or instructions necessary for the delivery, (i) the Customer shall be in default without any notice of default being required and (ii) joybuy is entitled to store the Products at the expense and risk of the Customer or to sell them to a third party.
5.7 In case it concerns a Distance Contract, the following will apply. Taking into consideration Article 4 of these Conditions, joybuy will endeavor to implement accepted orders with efficient expedition, though at the latest within thirty (30) Days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the Consumer will be informed about this. In this case, the Consumer has a right to rescind the Contract free of charge.
Please see more details about our delivery service from the customer service portal here.
•ARTICLE 6. PRICES
6.1 All prices for the Products presented on the Website or otherwise, are in GBP£, net cash, without reduction and are inclusive of VAT, unless stated otherwise by joybuy in writing. Prices do not include shipping charges, which are invoiced in addition to the prices of the Products.
6.2 Joybuy is entitled to modify the indicated prices at any time, before the conclusion of the Contract.
6.3 All cost estimates issued by joybuy shall be merely indicative, except where specified otherwise in writing by joybuy.
6.4 If a Contract is entered into and no definite price has been agreed upon, the Contract will be executed at the prices for the Product which are valid at the time of the conclusion of the Contract.
6.5 Any changes in factors affecting the price for the Products after the conclusion of the Contract will be recharged by joybuy to a Consumer, even if parties agreed upon a fixed price, provided that such changes are the result of statutory regulations or stipulations; and the Customer is authorized to terminate the Contract on the day on which the price increase takes effect.
6.6 Any changes in factors affecting the price for the Products or joybuy`s additional costs, including, but not limited to purchase prices, exchange rates, import and export duties and other levies due upon import or export, insurance rates, freight rates and other levies or taxes after the conclusion of the Contract will be recharged by joybuy to a Customer, not being a Consumer, even if parties agreed upon a fixed price. In case the consequence of this provision causes a price increase of more than 10% within three months after the conclusion of the Contract, the Customer has the right to cancel the relevant parts of the Contract by registered mail within five (5) Days upon notification of the price increase without being entitled to any damage compensation.
6.7 A Customer, not being a Consumer, shall indemnify joybuy against all damage, loss and/or cost that may ensue for joybuy from the fact that the Customer is not properly registered for VAT or similar tax purposes and/or that the Customer has issued incorrect data or has not on time issued data to joybuy.
•ARTICLE 7. PAYMENT
7.2 Joybuy may require an advance payment up to 50% of the price from the Consumer, or 100% from the Customer, not being a Consumer. If an advance payment has been agreed, the Customer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.[KS3]
7.3 The following payment methods are accepted by joybuy: [XXXX][KS4] .
7.4 All outstanding amounts are immediately due and payable in the event of late payment of an agreed period or if the Customer becomes bankrupt.
7.5 If the Customer fails to meet its payment obligations (in time), joybuy may assign the relevant claim to a third-party.
•ARTICLE 8. RETENTION OF TITLE
8.1 Notwithstanding actual delivery, all Products delivered by joybuy to the Customer not being a Consumer shall remain the property of joybuy until that time and ownership of the Products shall not pass to the Customer not being a Consumer until such Customer has paid in full all amounts owed to joybuy in connection with Products delivered or to be delivered, including the Contract Sum, any surcharges, interest, taxes and costs that may be owed under the Agreement or these Terms and Conditions, as well as all work performed or to be performed under this Agreement. The Products delivered under retention of title shall be at the expense and risk of the Customer.
8.2 As long as ownership of the Products has not been transferred to the Purchaser, who is not a Consumer, the Purchaser is not entitled to rent, pledge or otherwise encumber or transfer the Products to third parties.
•ARTICLE 9. GUARANTEE AND COMPLAINTS
9.1 Customers may be entitled to a full payment of Customer`s purchase of the Product if Customers request for refund within joybuy Fresh Goods Guarantee after receiving fresh Products that all have quality problems.
9.2 Customer may be entitled to only a partial refund of Customer`s purchase, if the Product has not been damaged in full, with sufficient proof of the amount of the damage.
9.3 Under this limited guarantee, joybuy warrants that each Product that Customer purchases will be free from workmanship and material defects under normal usage in accordance with joybuy published Product materials during the warranty period. joybuy`s published Product materials include but are not limited to, the information and description on the commodity details pages, user manuals, guidelines, specifications, in-app and on-website notifications, and service communications. The warranty period for a Product starts on the day the Product is delivered and ends XX years after delivery.[KS5]
9.4 If Customer`s Product does not function as warranted during the warranty period, Customer may report the issue to joybuy online customer service and we will process trouble shooting and guild Customer the after sales service. Please note that the refund method for the Product will be the same as the method that is used in the ordering process (right of withdrawal). Customer will need to provide the Products, and as far as reasonably possible the original packages, for the warranty service.
9.5 The Customer is required to inspect, or to have inspected, the Products as soon as the Products are placed at the Customer`s disposal. In addition, the Customer must examine whether the quality and/or quantity of the delivered Product(s) matches the Contract and complies with the requirements agreed by parties.
9.6 The Customer must notify joybuy immediately in writing or by sending an e-mail to [XXXX@joybuy.com] [KS6] about any complaints concerning the Products. Any notification of a shortcoming/defect/complaint of the Customer should contain a description with the purchase order, the delivery date, a copy of the regarding invoice, the serial number of the Product and the nature of the shortcoming/defect/complaint as detailed as possible so that joybuy can respond adequately (‘Notification`).
9.7 Joybuy will attempt to diagnose and resolve Customer`s problem by telephone and e-mail. If Customer`s problem cannot be resolved over telephone or email, joybuy will guide Customer to the after sales procedure and depending on the situation, will start the repair replacement, or refund process.
9.8 In case of visible deficiencies in the Product and/or failing quantities of the Product, the Customer must submit the Notification as mentioned in Article 9.6 of these Terms and Conditions, to joybuy in writing as soon as possible. Customers, not being Consumers, should do this within fourteen (14) Days after delivery of the Product and record these deficiencies and/or shortfalls on the relevant transport document. For all other defects or complaints with regard to the Product, the Customer, not being a Consumer, must submit a Notification to joybuy in writing immediately, or in any case within the time limit of fourteen (14) Days after the date on which the complaints, shortcomings and/or defects became known or might reasonably have been expected to become known to the Customer.
9.9 If it is established that a complaint cannot be substantiated by the Customer or if the if the complaint falls outside the scope of the warranty, the costs arising from the complaint and related thereto, including the costs for examination on the part of joybuy, shall be fully borne by the Customer, not being a Consumer, including administration costs, shipping costs and call-out charges. If it is established that a complaint cannot be substantiated or if the complaint falls outside the scope of the warranty, joybuy shall invoice the costs of any Product and the rectification of defects, that fall outside the scope of the warranty in accordance with its standard rates.
9.10 No warranty can be invoked in case of:
External and internal damage caused by non-Product defects. Include but not limited to, operational error;
Damages caused by improper installation, incorrect usage, or operation not in accordance with official manuals and instructions;
Damage caused by the issues of reliability or compatibility when using unauthorized third-party parts;
Damage by non-joybuy software programs, whether provided with the Product or installed subsequently;
Damage resulting from non-joybuy technical or customer service support, for example, received the assistance with “how-to” questions or inaccurate Product set-up and/or installation;
Products or parts with an identification label that has been removed or altered;
Damage caused by unauthorized modification, disassembly, or cover opening not in accordance with official instructions or manuals;
Damage caused by unauthorized modification of circuits and mismatch or misuse of the battery and charger;
Damage caused by unauthorized service providers.
9.11 In Appendix I, additional information is provided on the after sales process and refunds of paid amounts and Points.
9.12 The statutory guarantee applies to all items that you buy from us. Statutory guarantee means that a product is or must do what the consumer can reasonably expect from it. Please see more details on our customer service portal here.
You can use the following text for your complaint procedure.
If you have a complaint about our products or our service, you can contact us via emailing [XXXX]@ joybuy.com. You will receive a substantive response from us within 14 days of receipt of your complaint.
•ARTICLE 10. COMPLIANCE WITH THE CONTRACT AND ADDITIONAL GUARANTEE
10.1 Joybuy guarantees that the Products comply with the Contract, the specifications stated in the offer, reasonable requirements regarding reliability and/or usability and the statutory provisions and/or government regulations in force on the date on which the Contract was concluded. If so agreed, joybuy also guarantees that the Product is suitable for other than normal use.
10.2 An additional guarantee provided by joybuy may never limit the legal rights and claims that the Consumer may enforce against joybuy by virtue of the Contract if joybuy fails to perform its part of the Contract.
10.3 An additional guarantee means each obligation assumed by joybuy under which joybuy grants the Customer certain rights or claims that, in terms of scope, exceed those that joybuy is required to grant by law if it has failed to perform its part of the Contract.
•ARTICLE 11. INTELLECTUAL PROPERTY
11.1 The Website and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, icons, graphics, products, associated products, etc. to be found on the Website are the exclusive property of joybuy, its affiliated companies, its licensors or its content providers. Joybuy does not grant any license or any entitlement to Customers or any third parties other than that of consulting the Website. Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only, for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited.
11.2 Customer undertakes not to infringe or to attack joybuy`s (intellectual property) rights in any way, directly or indirectly, by use or otherwise and acknowledges that joybuy is the beneficiary with regard to these rights.
11.3 Customer shall ensure that all information received from joybuy that is known or should reasonably be known to be of a confidential nature is kept secret and Customer will not disclose any of such information to any third party. The Customer shall only use such confidential information for the purpose for which it has been provided by joybuy. Information shall in any event be regarded as confidential if it is designated as such by joybuy.
•ARTICLE 12. LIABILITY AND INDEMNITY
12.1 Without prejudice to any rights Consumers might have, and to any restrictions imposed on the limitations of liability stated below by the laws of Consumer`s country of domicile and thus to the extent permitted by law, the liability of joybuy is limited in the following way.
12.2 Joybuy will not accept liability for:
any interruption to the Website;
any damage or loss resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Website;
non-fulfilment of orders due to stock shortages;
Products not obtained via the Website;
Products damaged by normal wear and tear; or
Products that have exceeded the reasonable lifespan of the Product.
12.3 Without prejudice to Article 12.1 and Article 12.2 and to the extent permitted by law, any liability on the part of joybuy for an attributable failure to comply with any of its obligations under any Contract and/or these Terms and Conditions, explicitly including any failure to comply with a warranty obligation agreed with the Customer, based on a tort, or due to any other reason or on any other ground, shall in all cases be limited to the amount that joybuy receives from its insurer under its commercial liability insurance in relation to the damage for which Customer has held joybuy liable.
12.4 Without prejudice to Articles 12.1, 12.2 and 12.3 and to the extent permitted by law, if no insurance payments are made in relation to the damage in question, the total liability of joybuy shall to the extent permitted by law, in all circumstances be limited to the price of the Product paid by the Customer.
12.5 In no circumstances will joybuy be liable to Customer for any special, consequential, indirect, criminal or incidental loss, including but not limited to losses caused by delays, lost profits, lost savings, increased operational costs, damages or loss as a result of claims from Customer`s customers, loss of customers, loss of goodwill, damages or loss in connection with the use of items, materials, services provided by third parties that joybuy is instructed to obtain by the Customer and damages and loss in connection with the engagement of third parties by joybuy on the Customer`s instruction etc., howsoever caused, regardless of the basis of liability, and regardless of whether it was advised in advance of the possibility of such damages arising in any way from the Contract or otherwise. The liability of joybuy due to destruction or loss of data is also excluded.
12.6 The restrictions and exclusions referred to in Article 12.2 up to and including Article 12.5 above shall no longer apply if and in so far as the damage in question is solely caused by an intentional act or gross negligence on the part of the management of joybuy.
12.7 Customer`s right to any damage compensation is always conditional to the notification thereof to joybuy in writing immediately upon occurrence. Any claim for damages against joybuy is extinguished automatically by the mere passage of twelve months after the inception of the claim.
•ARTICLE 13. FORCE MAJEURE
13.1 If force majeure of a temporary or permanent nature prevents the Contract from being (further) implemented, joybuy is entitled to dissolve the Contract in whole or in part, without any obligation to pay compensation, or to suspend the (further) execution of the Contract. In the event of suspension, joybuy is still entitled to declare the Contract wholly or partially dissolved. If a force majeure situation occurs, joybuy immediately informs the Customer thereof and keep it informed of the development of the force majeure situation.
13.2 Force majeure is in any case understood to mean any situation in which joybuy cannot exercise any influence and as a result of which it cannot reasonably fulfill its obligations, as well as, if not already included, government measures, quotas, (industrial strike, (civil) war, danger of war, pandemics, epidemics, riot, occupation, illness, molestation, fire, water damage, flood) , company occupation, defective counterry, disruptions in the supply of energy, storage and transport difficulties, suppliers` default on the goods required for the delivery of Products from joybuy and furthermore all circumstances, in which there is no reasonable reason (anymore) joybuy can be expected to (further) fulfill its obligations towards the Customer.
•ARTICLE 14. TERMINATION OF THE CONTRACT
14.1 If the Customer fails to fulfil one or more of his obligations under the Contract or for other reasons, as well as when the Customer is declared bankrupt, or when the Customer otherwise loses the free disposal of his assets, joybuy is entitled – without prejudice to all other statutory and contractual rights of joybuy - to immediately suspend the Contract without notice of default and / or judicial intervention, or to rescind or terminate the Contract. Any and every amount owed by the Customer is immediately due and payable in full. Products that are already supplied by joybuy have been delivered but not yet paid for, must then be sent to joybuy to collect these Products, and without prejudice to the right of joybuy to compensation for damage, costs and interest.
14.2 If joybuy rescinds or terminates the Contract for reasons as stated in above Article 14.1, the Customer will have the opportunity to download its user account information within 30 Days after joybuy`s notice to you. In any other case, your user account information will be deleted after three years of inactivity. For more information on how your personal data is processed, we refer to our Privacy and Cookie Policy.
•ARTICLE 15. MISCELLANEOUS
15.1 The Customer shall not be entitled to transfer its rights and/or obligations under a Contract to any third party, without joybuy`s prior written consent.
15.2 Joybuy shall be entitled to alter these General Terms and Conditions and the Special Conditions or make any additions thereto unilaterally. Joybuy shall notify the Customer thereof in writing. Unless: (i) the Customer informs joybuy in writing, that it does not accept the changes and/or additions within fourteen (14) Days after the date of the notification of joybuy; or (ii) the Customer continues making use of the Website, the Customer shall have accepted such modifications and additions.[KS7]
15.3 If, at any time, one or more provisions of these General Terms and Conditions are fully or partially void or voidable, the remaining provisions of these General Terms and Conditions will remain in full force and effect. In such an event, joybuy and the Customer will consult each other in order to agree on new provisions which are not void and voidable to replace the void or voidable provisions and which new provisions as closely as possible corresponds with the void and voidable provision, whereby the intent and meaning of the original provisions shall be taken into account as far as possible.
15.4 Disputes between joybuy and the Customer to which these General Terms and Conditions apply are exclusively governed by English law.
•CONDITIONS BELOW THAT ONLY APPLY TO DISTANCE CONTRACTS
ARTICLE 16. APPLICABILITY
16.1 In case of a Distance Contract in addition to the provision set forth in Article 1 up to and including Article 15 of these General Terms and Conditions, the provisions set forth in Article 16 up to and including Article 21 of these General Terms and Conditions are equally applicable. In case of discrepancies between the first mentioned articles and the latter mentioned articles, the provisions laid down in the latter mentioned articles of these General Terms and Conditions shall prevail.
• ARTICLE 17. DISTANCE CONTRACT: RIGHT OF WITHDRAWAL WITH RESPECT TO THE DELIVERY OF PRODUCTS[KS8]
17.1 When Customer purchases a Product at joybuy, Customer will have 30 days to decide whether to keep the Product or not for a non-food Product and 14 days for food Products (excluding fresh goods) after delivery. The Product to which a refund would apply should be taken care of and should be in like-new condition during the cooling-off period (check Point 1 below). If so, the Products can be applied for a return and refund process (check Point 2) with good condition (check Point 3 below).
Below the Right of Withdrawal and its limitations are further specified with regard to different Product categories.
Point 1 Description of taking care of the products
During the Withdrawal Period, please handle the Product, the accessories, the price tag, and the original packaging with care. Unpacking or using the Product for essential inspection purposes is acceptable. This includes checking the Product quality and the appearance. The basic principle is to handle and inspect the Product as if it was being checked in the store. In case of handling the Product beyond the mentioned inspection handling and in case of Product depreciation, the Product will be considered as handled carelessly which may have as a consequence that no refund will be provided.
Customer will only be liable for a decrease in the value of the Product that is the consequence of the Product having been handled in a manner over and above the manner described above. Customer will not be liable for a decrease in the value of the Product if joybuy did not provide the Consumer with all of the information required by law regarding the Right of Withdrawal prior to or on the conclusion of the Distance Contract.
Point 2 Return and refund Product categories[KS9]
Availability | Product categories | Description and examples |
Available to apply for return and refund | The Products exclude below descriptions | |
Unavailable to apply for return and refund | Customized product(if this is not seller`s error or quality problem) | Customized decorations, items, stickers etc. |
Digital content or tickets | Music or a video that cannot be withdrawn once it has started downloading or streaming; Train tickets, telephone cards, concert tickets. | |
Newspaper and magazine with subscriptions | Newspaper, magazine. | |
Perishable goods (if this is not quality problem/seller`s error) | Products that spoil quickly or have a limited shelf-life; out of joybuy Fresh goods guarantee out of expiration date; stored at improper temperature. Such as seafood, plants, dairy, fruit, vegetable, frozen food, eggs, bakery. | |
Services | Training, design, gift cards that are already provided. | |
Health protection or hygiene Product after unsealed.The product will get spoiled after unsealed | Shampoo, hand sanitizer, toothpaste, toothbrush, dental floss, deodorant, shaving supplies, baby wipes, facial cleansing cloths, toilet paper, sunblock, food, alcoholic and non-alcoholic beverage, milk powder, underwear, socks, stockings. | |
After activation or usage will largely cause Product depreciation | Used office supplies, used sandwich plastic bag, used trash bags; Products that are irrevocably mixed with other Products after delivery/unsealed; Electronic Product. | |
Other Products that are unavailable to return or refund, of which the Customer has been informed via joybuy customer support, or the policy, or the commodity details pages |
Point 3 Standard of good conditions
General standard of returning Products under good conditions | Product categories | Description and examples |
1. Like-new condition: During the cooling-off period, please handle the Product carefully, for examples keep the accessories, the price tag, the original packaging, the gifts from the order, the user manual, the repair card (if have), the without functional and appearance damage, dent, tear and ware, anti-counterfeiting still remains, entry of foreign bodies (water, oil, sand, etc.) 2. The packaging of the Products: Some Products may require to keep the original packaging. The Products include but not limited to electronic Products, electrical appliances, lamps, the packages have high value, such as the packaging of the watch, jewellery, computer, and laptop. 3. The seal remains sealed: Health, hygiene, beauty Products, books, CDs are still sealed | CDs, DVDs, games, and books | The seal remains and has not been unsealed. |
Health, personal hygiene, and beauty products | 1. Toothpaste, hair clipper, shaver are sealed 2. Makeup, perfume, lipstick, shampoo are sealed | |
Gifts and suitcases | No dent, no damage, no tear and wear on the product | |
Clothing, shoes, and accessories | No damage, no makeup on, not washed, no tear and wear. Items are unworn, in original condition, and have the original labels. | |
Cars and motorbikes. | Maintenance products, cleansing products are sealed. | |
Food | Sealed, no damage on the packages, like-new | |
Baby products | Pacifiers, baby wipes, diapers, milk bottles, are sealed •ARTICLE 18. THE CONSUMER`S EXERCISE OF THE RIGHT OF WITHDRAWAL AND ASSOCIATED COSTS |
18.1 If the Consumer decides to exercise its Right of Withdrawal, the Consumer must, within the Withdrawal Period, use the Standard Withdrawal Form or another equal means of giving notice to joybuy that the Consumer is exercising this right.
18.2 The Consumer should return the Product or hand the Product over to joybuy or to an authorized representative of joybuy as soon as possible and in any case within fourteen (14) Days of the Day following the one on which the notice referred to in Article 17.1 was given. The Consumer does not need to do this if joybuy has offered to collect the Product. The Consumer will in any case have complied with the term for returning the Product if the Consumer returns the Product prior to the end of the Withdrawal Period.
18.3 The Consumer must return the Product and all accessories delivered in the original state and packaging if reasonably possible and in accordance with joybuy`s reasonable and clear instructions.
18.4 The risk and burden of proof with respect to the proper exercise of the Right of Withdrawal within the applicable period of time lies with the Consumer.
You have the right to cancel this contract within the periods specified in Article 17.1 without giving any reason. The cancellation period will expire on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
Consequences of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of 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 cancel this contract[KS11] . If you only return part of your order, we will not reimburse you for the costs of delivery. We will reimburse you 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 or hand over the goods 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.
Our returns address
[Warehouse address?][KS12]
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.
•ARTICLE 19. OBLIGATIONS OF JOYBUY IN THE EVENT OF WITHDRAWAL
19.1 joybuy will send confirmation of receipt of the notice of withdrawal without delay after receiving this notice.
19.2 joybuy will reimburse all payments made by the Consumer, including any delivery costs charged by joybuy, for the returned Product without delay and in any case within fourteen (14) Days following the Day on which the Consumer gives notice that the Right of Withdrawal is being exercised. Unless joybuy offers to collect the Product, it may defer repayment until it has received the Product or until the Consumer has shown that it has sent the Product back, whichever event occurs first. If the Consumer opted for a delivery method that was more expensive than the most inexpensive standard delivery method, joybuy will not be required to repay the additional costs of the more expensive method.
19.3 To effect repayment, joybuy will use the same method of payment that the Consumer used, unless the Consumer agrees to a different method. The repayment will take place at no cost to the Consumer.
•ARTICLE 20. EXCLUSION OF THE RIGHT OF WITHDRAWAL
20.1 Joybuy has excluded the applicability of the Right of Withdrawal for the following Products and services, which means that the Consumer does not have a Right of Withdrawal in respect of the following:
Products or services of which prices are subject to fluctuations on the financial market over which joybuy has no influence and which can occur within the Withdrawal Period;
Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers Products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the Products and/or services;
Service Contracts, after performing the service in full, but only if:
performance commenced with the express prior agreement of the Consumer; and
the Consumer has stated that it will lose the Right of Withdrawal as soon as joybuy has performed the Contract in full.
Service Contracts for the provision of accommodation, if a specific date or period of performance is provided for in the Contract and other than for residential purposes, transport of goods, vehicle hire services, and catering.
Contracts in connection with leisure activities, if a specific date or period of performance is provided for in the Contract.
Alcoholic drinks whose price is agreed on entering into the Contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations of the market upon which the entrepreneur has no influence.
Products manufactured in accordance with the specifications of the Consumer that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly personalized or intended for a specific person;
The Contract for the provision of services in respect of the carriage/transport of Products;
Products subject to rapid decay or with a limited shelf-life;
Sealed Products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
Products which are, after delivery, according to their nature, inseparably mixed with other items;
Sealed audio/video-recordings and computer apparatus of which the seal was broken after delivery;
After delivery of digital content other than on a material carrier, but only if:
the performance was begun with the express prior consent of the Consumer; and
the Consumer has declared that they lose their Right of Withdrawal once the entrepreneur has fully implemented the Contract;
Newspapers, periodicals or magazines, with the exception of subscriptions to these.
•ARTICLE 21. ADDITIONAL OR DEVIATING PROVISIONS
21.1 Additional or deviating provisions of these General Terms and Conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner by the Consumer.
• APPENDIX I: AFTER SALES POLICY[KS13] [KS14]
Joybuy guarantees that, subject to the following conditions, the available after sales service solutions, return and refund service, replacement service and repair service, can be requested. Please contact joybuy for more details. For refund service, Customer will be required to upload the proof of the issues (if available) in the refund order via joybuy system.
•Return and Refund Service
√ Within thirty (30) calendar days for non-food Products and fourteen (14) days for non-fresh food Products after receiving if the product has no manufacturing defect and is still in new or like-new condition.
√ Within joybuy Fresh goods guarantee for fresh Products, as specified below.
•TYPES OF RETURN AND REFUND
√ Fresh Products having Product quality issues: e.g. meat, dairy Products, vegetable
Refund period and condition: within joybuy Fresh goods guarantee or before the expiration date, whichever date is earlier.
Fresh good guarantee period:
4 days fresh guarantee Products: such as pre-packaged meat Products, dairy Products bread and toast salads, which can be stored for at least 4 days after delivery.
2 days fresh guarantee Products: such as fruits, fresh meat Products, vegetables, salad and steam meal, which can be stored for 2 days after delivery.
1-day fresh guarantee Product: such as pastries and cakes can be stored for 1 day after delivery
Please prepare:
Fill in the refund reason;
Submit some photos to proof that the Product which has been destroyed (e.g., thrown into a trash bin) cannot be eaten or used.
√ Food Products (non-fresh Product): e.g. Product with sealed and like-new packaging such as: chips, drinks, packaged food
Return period: within fourteen (14) days after receiving the Product.
Please prepare: the Product with the sealed original packaging.
√ Non-fresh goods, normal Products (non-in-bulk Product) and large size Products (the longest length exceeds 54 centimeters and/or weight exceed 30 kilogram): e.g. furniture, electronic products
Return period: within thirty (30) days after receiving the Product.
Please prepare:
If available: the original packaging, the warranty card, the accessories, the price tag, etc.
The serial number of the Product (if applicable, e.g., phone, television, computer).
Please note: large size Products can only be transferred via home picked-up service.
√ Coupon will be returned to Customer`s account if it is valid on the request of refund day and the order is fully returned;
√ Coupon are split over the paid Products and Coupon will not be partial returned;
Newspapers, periodicals or magazines, with the exception of subscriptions to these.
EXCLUSION OF RETURN AND REFUND
In the following cases a return or refund can be refused:
It is requested beyond the joybuy Fresh Goods Guarantee for fresh Products, fourteen (14) days for food products, or thirty (30) calendar days for non-fresh products after receiving.
Perishable goods: Products that spoil quickly or have a limited shelf-life.
Sealed Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
A Product sent to joybuy for Return & Refund Service does not include all original accessories, attachments or packaging, or any item is not in new or like-new condition, i.e. with cracks, dents or scratches.
Products that are irrevocably mixed with other Products after delivery/unsealed.
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
Newspapers, periodicals or magazines, with the exception of subscriptions.
Tickets: e.g., cinema ticket, transportation tickets, concert tickets, hotel tickets, car rental reservations, telephone cards, prepaid top-up cards cannot be exchanged or reimbursed.
A legal proof of purchase, receipt or invoice is not provided or is reasonably believed to have been forged or tampered with.
Fault or damage of the Product is caused by unauthorized use or modification of the Product, including exposure to moisture, entry of foreign bodies (water, oil, sand, etc.) or improper installation, improper operation or storage at improper temperature.
Product labels, serial numbers, waterproof marks, etc. show signs of tampering or alteration.
Damage is caused to the Product by uncontrollable external factors after delivery, such as fire, floods, high winds or lightning strikes.
If the credit or the coupon have already expired on the day of request for refund, the coupon and the credit will not be returned.
WARRANTY AND REPAIR
At present, joybuy mainly provides return service and for some Products also repair or replacement services. For specific rules, please refer to the commodity details pages or contact customer service.
Essential Information
√ joybuy will cover shipping costs for the return, repair or replacement shipment if the Product is defective or has Product issue within warranty.
√ joybuy will examine the returned Product(s) to identify the issue. If the issue qualifies for the service under this After-Sales Policy, joybuy will bear the cost of refund.
√ If joybuy determines that the issue is not covered by this joybuy After-Sales Policy, joybuy may reject the refund application or process partial refund.
√ Please make sure the Product is returned accordingly. The Customer is accountable for any additional costs (e.g., due to extra shipping costs for additional parts).
√ To guarantee Customer`s legal rights, please check whether Customer`s Product is intact (check whether any damage occurred on Customer`s product during transportation) when signing for it. If the Product has quality issue or damage, please report it to us within three (3) days of signing for it. Otherwise, it will be deemed that the Product Customer signed up or picked up is intact and fully functional.
√ Before sending Customer`s Product for repair or return, please remove any customized decorations and items on it (include but not limited to decorative stickers, paintings, thirty decorations, etc.). joybuy will not be responsible for the damage or loss that may occur to these customized decorations and items.
√ Return of wine: It is of course possible that the wine does not meet Customer`s expectations. In such case, Customer can return the box (above 6 bottles per box) within 14 days. Please be noted, maximum 1 bottle per box can be missing. The return is only accepted if the original packaging, including the wine label, is undamaged. If Customer choose to return via delivery, the cost of return will be shouldered by Customer side.
√ joybuy will return the actual amount that Customer paid in the order if all the Products are returned intact. If only a part of the Products has been returned, joybuy may reject the full refund application.
√ Refund will be transferred via the same payment method that was used in the order.
√ Image shown on the commodity page is for illustration purposes only. Due to lighting and display differences, there may be colour differences on the actual Product. Please be aware that this is not a Product defect.
√ Fresh Products could be affected by factors such as season, climate, growth environment, etc., which could cause slight differences between batches.
APPENDIX II: STANDARD WITHDRAWAL FORM
Only complete and return this form if you wish to withdraw from the contract.
To: [warehouse address?XXXX]
I / We* hereby give notice that I / we* withdraw from my / our contract of sale of the following goods / for the provision of the following service *,
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.[KS15]
[KS1]To be filled in.
[KS2]Is this legal? To be checked with lawyer later.
[KS3]Needs to be checked with law firm later.
[KS4]To be added by business
[KS5]The warranty period across UK differs under different laws. How we should address it here? To be checked with law firm.
[KS6]To be filled in.
[KS7]Whether this is legal needs to be double checked later.
[KS8]As for this and warranty, special attention and confirmation is required from business side.
[KS9]This has to align with our after-sales policy. To be checked by law firm later.
[KS10]Does this comply with UK laws? To be double checked.
[KS11]To be double checked.
[KS12]To be filled in by business
[KS13]Does this has to be integrated here? Or it could be another separate online policy that we don’t put it here. Then we will have more flexibility to update or alter our after-sales policy.
[KS14]To inquire law firm.
[KS15]Is this form a mandatory or advisable under UK laws? To be checked later.