General conditions

WHY DO WE HAVE GENERAL CONDITIONS OF SALE?

The purpose of these general conditions of sale is to define, exclusively on the basis of the relationships they establish on the Internet, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.

These apply to online sales to the exclusion of any other document, in particular the general conditions of sale appearing in the catalog of Products distributed by post by J&JOY.

The sale can be concluded in one of the languages ​​offered on the Site.

The Site allows J&JOY to offer for sale the products of the J&JOY commercial brand (hereinafter referred to as the "Products") to Internet users browsing the Site (hereinafter referred to as "Users"). For the application of these terms, it is agreed that the User and J&JOY will be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User having validated an order will then be referred to as the "Buyer". The rights and obligations of the User necessarily apply to the Buyer.

The User who would like to purchase on the Site declares to have full legal capacity. However, a person incapacitated within the meaning of Article 1123 et seq. of the Civil Code, if he or she cannot purchase on the Site in any way and therefore acquire the status of Buyer, may be a User of the Site. Consultation of the Site and the services it offers are then the responsibility of its legal representative. This legal representative is required to respect these stipulations. In any case, when transmitting personal data, the legal representative must compile the registration form himself or expressly authorize the person he represents to complete said form, the stipulations relating to personal data as provided in article 8. below which of course finds application.

The order is honored subject to J&JOY’s right to refuse it. An order may in particular not be honored in the event of an error in price indication, lack of payment for previous purchases or in the event of returns or losses of items deemed too frequent by J&JOY.

Any order for a Product offered on the Site requires consultation and express acceptance of these general conditions of sale, without however this acceptance being conditioned by a handwritten signature on the part of the User. In accordance with the provisions of the law of July 9, 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the purchase order as specified in article 3.3. below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and constitutes proof of the entirety of the order and the payability of the sums due in execution of said order.

Finally, it is specified that the User can save or print these general conditions of sale, provided however not to modify them.

TERMS OF SALES

ARTICLE 1: OBJECT

The User is requested to read these general conditions before placing an order. If he is under 18 years old, he must clearly have the authorization of one of his parents or guardian to place an order and/or pay for it.

ARTICLE 2. PRODUCTS-PRICES

2.1. PRODUCTS

The Products offered for sale by J&JOY are those which appear on the Site, on the day of consultation of the Site by the User within the limits of available stocks. In the event of unavailability of one of the Products, the Buyer will be informed as soon as possible. It is already specified that J&JOY may substitute the unavailable Product(s) with similar Product(s), of at least equivalent value. If he wishes not to keep the substituted Product, the Buyer will have the possibility of obtaining a refund for the replaced Product, according to the terms detailed in articles 4 and 7.

Photographs and texts illustrating the Products do not fall within the contractual scope. If these photographs and/or texts were incorrect, J&JOY could not be held responsible for this.

2.2. PRICE

Prices are indicated in Euros. They take into account possible reductions as well as VAT, applicable on the day of the order.

The prices do not take into account the order processing costs referred to in article 2.3. They will be invoiced additionally - after final validation of the order. The invoice that will be sent to the User upon delivery of the package will therefore include the prices of the products, as well as the costs of processing the order.

Prices are guaranteed on the date of confirmation of the order, within the limits of available stocks except for significant changes in charges and in particular VAT, and except for errors or omissions.

Any promotions granted in the form of discount vouchers are only valid for one order per household and over a given validity period.

J&JOY reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time of confirmation of the order, subject however to the availability of said Products.

The prices displayed on the Site are subject to variations for reasons of introductory prices, promotions or sales. J&JOY reserves the right to refuse an order if the price and/or specifications of a product mentioned on the website prove to be incorrect following a technical failure or human error.

2.3. SHIPPING COSTS

Shipping costs are invoiced to the Customer based on the weight and volume of the package (including packaging and gifts), the place of delivery and the carrier or mode of transport chosen.

Shipping costs are free for certain countries and may be offered free of charge on an occasional basis as part of J&JOY's promotional marketing operations or after a certain order amount has been exceeded. The customer will be informed during the ordering stages.

Shipping costs can be viewed on the Site in the “Deliveries” section.

ARTICLE 3. REGISTRATION AND VALIDATION OF THE ORDER

3.1. NAVIGATION WITHIN THE SITE

The User can read the different Products offered for sale by J&JOY on its Site.

The User can freely browse the different pages of the Site, without being committed to an order.

3.2. REGISTERING AN ORDER

If the User wishes to place an order, he will choose the different Products in which he is interested, and will express said interest by clicking on the “Add to cart” box.

At any time, the User may:

    • - obtain a summary of the Products he has selected, by clicking on “Basket”,

    • - correct any errors made when entering order data by clicking on the product description; the correction is however no longer possible once the User has clicked on “Place Order”,

    • - complete your selection of Products and order these Products by clicking on “Next”

    • - continue shopping by clicking on “continue shopping”.

On the “Basket” page, the User will indicate the “Discount voucher” code. which he holds and enters his order mentioning: the reference(s), the desired quantity and the size. However, in the event that the “Discount Voucher” was not recognized by the Site, the User can contact customer service via support@jn-joy.com.

To order the Products he has thus chosen, after clicking on “Next”, any User must identify himself, by entering his email and password which he will have previously created in the “My Account” section. ".

The User must accurately complete the form made available to him, on which he will include the information necessary for his identification and in particular his name, first name, postal address. In addition, the User must provide his email address and a password of his choice which will be personal and confidential to him and which he will need to identify himself later on the Site.

The User accepts that entering these two identifiers constitutes proof of his identity and demonstrates his consent to these general conditions of sale.

Once the User has been identified, he must choose the delivery address (as specified in article 4 below) and the delivery method he wishes, then an order form will appear on the screen, summarizing the total amount of the order (including processing costs referred to in article 2.3, unless otherwise stipulated). The User will be able to choose the payment method they wish according to the terms provided in article 6.

3.3. FINAL VALIDATION OF THE ORDER

As soon as he clicks on the chosen payment method, the User will be redirected to a page giving him the summary of his order, namely: the type of product chosen, the quantity, the size and the price. If the User clicks on “I confirm my order”, the User definitively validates their order: the order is recorded and the sale is definitively concluded. The User can then no longer correct any errors made when entering order data. The User becomes a Buyer. The purchase order will be recorded in the computer records of J&JOY or its service provider, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. The contract will then be archived in electronic form and intended solely for the use of J&JOY.

In accordance with article 5 below, the Buyer has the right to cancel the purchase, without penalty and without giving any reason, within thirty (30) calendar days from the day after delivery of the Products. by J&JOY.

3.4. ORDER CONFIRMATION

As soon as the sale is definitively concluded, a summary of the order will be sent by J&JOY by e-mail to the e-mail address indicated by the Buyer at the time of the order.

This confirmation will include all the constituent elements of the contract between the Parties and constitutes proof of the purchase between the parties. It is also binding with regard to the availability and price of items, promotions and shipping costs. The invoice that will be sent to the User upon delivery of the package will therefore include the prices of the products, as well as the contribution to the costs of sending the order, and where applicable, the contribution to the payment costs. J&JOY reserves the right to refuse an order if the price and/or specifications of a product mentioned on the website prove to be incorrect following a technical failure or human error.

Concerning personalized products (“MonPolo” or “MonPolo Club” products: www.monpolo.be, www.monpolo.be/club), their colors, photographs and characteristics are indicative and may present discrepancies with the final product. Please note that the size and placement of patterns on personalized products are subject to interpretation by J&JOY. The rendering of a personalization on textile is not the exact reflection of an image on screen. The combination of different marking techniques with different colors may cause variations in results which the customer must take into account; J&JOY cannot under any circumstances be held responsible. In addition, J&JOY reserves the right to accept or not the design of the item personalized by the Buyer, even after payment of the order. If for any reason, the reason created by the Buyer goes against the values ​​advocated by J&JOY and this results in a cancellation of the order, J&JOY undertakes to reimburse the customer within 2 working days.

ARTICLE 4. DELIVERY

4.1. DEADLINES

The following delivery times apply:

For items available for delivery in Belgium, the Netherlands and/or Luxembourg, the shipping time is usually 24 working hours from the day following receipt of payment for the order by the Buyer.

Deadline for items available to be delivered to another country in Europe, the shipping time is 48 to 96 working hours from the day following receipt of payment for the order by the Buyer.

If the order cannot be executed within a maximum period of 30 working days, from the day following that of validation of the order by the Buyer, the latter has the right to cancel the Purchase. For orders for which the summary sent to the Buyer specifies 'available within x weeks', the maximum delivery time is 30 working days increased by the number of weeks in question.

Additional delays may apply during promotional periods.

4.2. DELIVERY ADDRESS

The Products ordered by the Buyer will be delivered to the address indicated by the latter on the order form.

In any case, the Products will be sent by the usual postal services or by carrier. J&JOY declines all responsibility in the event of excessive delivery time due to postal services or means of transport, as well as in the event of loss of the Products ordered or strike.

Transport risks are borne by the Buyer, who must make a reasoned protest to the postal services or to the carrier, within three (3) working days of delivery. Furthermore, it is specified that ownership of the Products ordered will only be transferred to the Buyer upon full payment of the invoiced price, including shipping costs. All other risks of loss and damage relating to the Products are transferred to the Buyer upon delivery.

ARTICLE 5. RIGHT OF WITHDRAWAL

The Buyer has a period of thirty (30) calendar days (twenty (20) working days) to return, at his own expense, the Product(s) he ordered, without penalties and without indication of reason. This period runs from the day after the day of delivery of the order.

As part of the exercise of this faculty, the following procedure will be applied:

The Buyer returns the Product(s) concerned after following the return procedure available via this link https://jandjoy.myshopify.com/account/ according to to the said FPS economy form: https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/Formulaire-de-retractation.pdf

Not included:

  • - compensation will be requested from the consumer in the event of damaged items.

  • - items must preferably be returned in their original packaging.

  • - items damaged by negligence, misuse or repaired by third parties or by the Buyer himself.

  • - personalized items at the Buyer's request (e.g. MonPolo or MonPolo Club).

  • - cleaning compensation will be claimed if necessary.

Items returned in this condition remain with J&JOY at the disposal of the Buyer who is required to pay for them. In the event of abnormal or abusive returns, J&JOY reserves the right to refuse a subsequent order.

They should be returned to:

  • J&JOY – eshop returns

  • At the Râce Fund 19B

  • 4300 Waremme

  • BELGIUM

The Buyer must keep proof of reshipment. If the items have defects of conformity, postage costs will be refunded. In all other cases, postage costs remain the responsibility of the Buyer.

The Buyer is responsible for the Product(s) until they reach J&JOY. The latter will not be able to reimburse returned goods which have been lost. If the above conditions are met, J&JOY will send a confirmation email to the Buyer (to the address indicated on the order form) and will reimburse the latter in cash or in the form of a voucher within a specified period. fourteen (14) days from the date of sending of said email, the sums paid by him, with the exception of the costs of returning the Products which remain the responsibility of the Buyer.

The refund will be made according to the same means of payment as that used for the initial transaction, eithert via voucher or credit to the bank account or credit card used when paying for the Product(s).

During promotional periods, in order to raise awareness among our customers and deter abusive returns, we have decided to withhold one euro per item returned when refunding.
Our goal is to encourage you to make more thoughtful choices when shopping. By adopting this approach, we together contribute to reducing our carbon footprint by minimizing waste generated by returns and associated transport.

We understand that this measure may raise some questions, which is why we have also taken steps to improve your overall shopping experience from ordering to delivery of your package.
We have redesigned our packaging, now 100% recycled and 98% recyclable. Little icing on the cake, the return label is now included in each package, making the returns process easier for you.

It is important to emphasize that we always cover 100% of the transport costs for the delivery and return of your order. We want to offer you a hassle-free online shopping experience and we do everything we can to make your returns easier.

We hope you understand our approach and appreciate the improvements we have made to make your customer experience even better.

The right of withdrawal provided for in these general conditions only applies within the strict framework of the application of the consumer protection law. Please note that products made and personalized by the Buyer (“MonPolo” or “MonPolo Club” products: www.monpolo.be, www.monpolo.be/club), the latter does not benefit from a right of withdrawal, exchange or refund, except in the event of a defect in the product, as stipulated in Art. XIV. 47 of the Right of withdrawal in distance contracts of the Code of Economic Law.

ARTICLE 6. PAYMENT

Any order implies a contribution to the shipping costs referred to in article 2.3, and, where applicable, a contribution to payment costs, depending on the payment method chosen.

Not accepted as methods of payment: postage stamps, transfers attached to the order, cash attached to the order and checks.

When validating the order, the Buyer is invited to choose from the following payment methods:

  • - With a VISA or MasterCard card: he indicates the number and the expiration date on the order form: payment then takes place according to the terms agreed with his bank;

  • - With a CERTIFICATE or VALUE VOUCHER, which must always be mentioned at the time of the order: J&JOY deducts these from the amount to pay and, if necessary, J&JOY reimburses (with the exception of value vouchers) the possible balance ;

  • - By PAYPAL: the Buyer indicates his PayPal account number (provided that it has sufficient funds).

  • - By internet transfer (NETbanking) via ING Home pay, Dexia, CBC, KBC, FORTIS or any other banking organization approved on Belgian territory.

In any event, J&JOY reserves the right to refuse any order or delivery in the event of:

    • - existing dispute with the Buyer

    • - total or partial non-payment of a previous order by the Buyer

    • - refusal of authorization for payment by bank card from banking organizations

    • - non-payment or partial payment

J&JOY cannot be held liable under any circumstances.

ARTICLE 7. GUARANTEES

The Buyer must keep the warranty certificate carefully: it is attached to the delivery slip.

In the event of an anomaly upon receipt of the package, the Buyer can contact J&JOY via email or telephone.

7.1. LEGAL GUARANTEE

The Buyer benefits from the legal guarantee for any lack of conformity existing at the time of delivery of his item, if he was not aware of it or was not expected to know of the defect at the time of conclusion of the contract and if he appears within two years from delivery. In this case, the Buyer may demand either the repair of his item or its replacement, and if none of these solutions is possible, either an adequate reduction in the price or the termination of the contract, under the conditions provided for by law. (art. 1649 bis et seq. of the Civil Code). To do this, the Buyer notifies J&JOY in writing at the latest within two months from the day on which he noticed the defect. If the defect appears within six (6) months of delivery, it is, in principle, up to J&JOY to prove that it did not exist at the time of delivery. After the two-year period, the Buyer can no longer demand repair or replacement of his item, unless otherwise stated elsewhere on the site. Items with a normal lifespan of less than two years, or even six months, following generally known uses or the state of the art (taking into account in particular their price), are only guaranteed for their lifespan. normal. The legal rights that the Buyer has under Belgian legislation applicable to the sale of consumer goods are not affected by the guarantees described elsewhere on the site.

7.2. CORRESPONDENCE AND VISIT ADDRESS

Any correspondence or procedure relating to the guarantees described in this article should be sent or carried out to TEXARDENT SA Rue de Huy 248 in 4300 Waremme, Tel: +32 19/30.25.82, email: support@jn-joy .com

ARTICLE 8. MISCELLANEOUS STIPULATIONS

8.1. FORCE MAJEURE

J&JOY will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, in particular the presence of computer viruses, in the event of disruption or strike total or partial, in particular postal services and means of transport and/or communications, flooding, fire.

Events meeting the criteria set by case law will be considered as force majeure.

In the presence of an event constituting force majeure, J&JOY will notify the User/Buyer within five (5) working days following the occurrence of this event.

Beyond a period of one (1) month of interruption due to force majeure, J&JOY may not honor the order, it being its responsibility to reimburse the Buyer if necessary.

8.2. PARTIAL INVALIDITY

The nullity or inapplicability of one of the clauses of these general conditions cannot affect the validity or applicability of the other clauses. Where applicable, the parties undertake to replace the void or inapplicable clause with a valid clause which is closest from an economic point of view to the void or inapplicable clause.

The fact that J&JOY does not avail itself of these general conditions of sale at a given moment cannot be interpreted as a waiver to avail itself of them at a later date.

8.3. ENTIRE AGREEMENT

These general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.

In the event of a contradiction between these documents, the general conditions of sale will prevail.

8.4. APPLICABLE LAW - COMPETENT JURISDICTIONS

The contractual relations between parties as well as these general conditions are governed by Belgian law, even in the event of a warranty claim. The parties expressly agree to exclude the application of the Vienna Convention on the International Sale of Goods.

Any dispute relating to the formation, execution, interpretation of its general conditions of sale as well as all agreements to which they apply and which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts. of the judicial district of Liège and, where applicable, of the Justice of the Peace of the canton of Waremme.

ARTICLE 9. GIFT CERTIFICATE

9.1. Gift cards are neither exchangeable nor refundable.

9.2. Gift cards cannot be reloaded.

9.3. Gift cards can only be used on our online sales site, or in our stores.