WHY DO WE HAVE TERMS AND CONDITIONS OF SALE?
The purpose of these general conditions of sale is to define, exclusively on the basis of the relations they establish on the Internet network, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
These conditions 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 hereof, it is agreed that the User and J&JOY will be collectively referred to as the "Parties" and individually referred to as "Party", and that the User who has validated an order will then be referred to as "Buyer". The rights and obligations of the User necessarily apply to the Buyer.
The User who would like to buy on the Site, declares to have full legal capacity. However, a person who is incapacitated within the meaning of article 1123 and following of the Civil Code, if he cannot in any way buy on the Site 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 under the responsibility of its legal representative. This legal representative is required to comply with these stipulations. In any event, 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 applies.
The order is honored subject to the right of J&JOY to refuse it. An order may in particular not be honored in the event of a price indication error, absence of payment for previous purchases or in the event of returns or loss of items deemed too frequent by J&JOY.
Any order for a Product offered on the Site implies 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 laying down certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the order form as specified in article 3.3. below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payment of the sums due in execution of the said order.
Finally, it is specified that the User can save or print these general conditions of sale, provided however that they do not 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, he must clearly have the authorization of one of his parents or guardian to place an order and/or proceed to payment thereof.
ARTICLE 2. PRODUCTS-PRICES
The Products offered for sale by J&JOY are those that appear on the Site, on the day the User consults the Site, within the limits of available stocks. In case of unavailability of one of the Products, the Buyer will be informed as soon as possible. It is already specified that J&JOY may replace 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.
The photographs and texts illustrating the Products do not enter into the contractual field. If these photographs and/or texts were erroneous, J&JOY could not be held liable for this.
Prices are in euros. They take into account any reductions as well as the VAT, applicable on the day of the order.
The prices do not take into account the order processing costs mentioned in article 2.3. They will be invoiced in addition - 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 reduction vouchers are only valid for one order per household and over a given period of validity.
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 force at the time of confirmation of the order, subject nevertheless to the availability of the 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 proves to be incorrect following a technical failure or human error.
The shipping costs are invoiced to the Customer according to the weight and volume of the package (including packaging and any 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 from time to time as part of J&JOY's promotional marketing operations or after a certain order amount has been exceeded. The customer will be informed of this during the ordering stages.
The shipping costs can be consulted on the Site in the "Deliveries" section.
ARTICLE 3. REGISTRATION AND VALIDATION OF THE ORDER
3.1. NAVIGATION WITHIN THE SITE
The User can find out about the various Products offered for sale by J&JOY on its Site.
The User can navigate freely on the different pages of the Site, without being committed under an order.
3.2. REGISTRATION OF AN ORDER
If the User wishes to place an order, he will choose the various Products in which he has an interest, and will express said interest by clicking on the “Add to basket” box.
At any time, the User may:
- obtain a summary of the Products he has selected, by clicking on "Basket",
- correct any errors made in entering the order data by clicking on the product description; however, the correction is no longer possible once the User has clicked on "Place Order",
- complete the 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 code of the “Discount voucher”. of which he would be the holder and will enter his order by mentioning: the reference(s), the desired quantity and the size. However, in the event that the “Discount voucher” is not recognized by the Site, the User may contact customer service via email@example.com.
To order the Products he has thus chosen, after having clicked on "Next", all Users must identify themselves by entering their e-mail address and password which they 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 surname, 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 and which he will need to identify himself later on the Site.
The User accepts that the entry of these two identifiers is proof of his identity and expresses 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 the processing costs referred to in article 2.3, unless otherwise stipulated). The User may choose the method of payment he wishes according to the terms provided for in Article 6.
3.3. FINAL VALIDATION OF THE ORDER
As soon as he clicks on the payment method chosen, the User will be redirected to a page indicating 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 his order: the order is recorded and the sale is definitively concluded. The User can then no longer correct any errors made in entering the order data. The User becomes a Buyer. The order form will be recorded in the computer registers 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 waive 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 authoritative with regard to the availability and price of items, promotions and shipping costs. The invoice that will be sent to the User on delivery of the package will therefore include the prices of the products, as well as the contribution to the shipping costs of the order, and if necessary, 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 proves to be incorrect following a technical failure or human error.
Regarding personalized products (“MonPolo” or “MonPolo Club” products: www.monpolo.be, www.monpolo.be/club), their colours, photographs and characteristics are indicative and may differ from the final product. Please note that the size and pattern placement of 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 can cause variations in the result which the customer must take into account, J&JOY can in no way be held responsible. In addition, J&JOY reserves the right to accept or not the design of the personalized item 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 the cancellation of the order, J&JOY undertakes to reimburse the customer within 2 working days.
ARTICLE 4. DELIVERY
4.1. TIME LIMIT
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 that of receipt of payment for the order by the Buyer.
Time for items available for delivery in another European country, the shipping time is 48 to 96 working hours from the day following that of receipt of payment for the order by the Buyer.
In the event that the order cannot be executed within a maximum period of 30 working days, from the day following that of the 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 the postal services or the means of transport, as well as in the event of loss of the Products ordered or of a strike.
The risks of transport 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 invoice price, including shipping costs. All other risk of loss and damage to the Products passes to 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 expense, the Product(s) he has ordered, without penalty 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 option, the following procedure will be applied:
The Buyer returns the Product(s) concerned after having followed 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
Are not included:
- compensation will be requested from the consumer in the event of damaged items.
- the 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 request of the Buyer (eg MonPolo or MonPolo Club).
- a cleaning allowance will be claimed if necessary.
Items returned in this condition remain with J&JOY at the disposal of the Buyer 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
To Race Fund 19B
The Buyer must retain proof of reshipment. If the items have defects compliance, postage will be refunded. In all other cases, the 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 that have gone astray. If the above conditions are met, J&JOY will send a confirmation e-mail to the Buyer (at the address indicated on the order form) and will refund the Buyer in cash or in the form of a voucher within fourteen (14) days from the date of sending of said e-mail, of the sums paid by him, with the exception however of the costs of returning the Products which remain the responsibility of the Buyer.
The refund will be made using 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).
The right of withdrawal provided for by these general conditions only applies within the strict framework of the application of the law on consumer protection. Please note that the 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
All orders involve a contribution to the shipping costs referred to in article 2.3, and, where applicable, a contribution to the payment costs, depending on the method of payment chosen.
Are not accepted as methods of payment: postage stamps, bank transfers attached to the order, cash attached to the order as well as 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 expiry date on the order form: payment then takes place according to the terms agreed with his bank;
- With a CREDIT or a VOUCHER, which must always be mentioned at the time of the order: J&JOY deducts these from the amount to be paid and, if necessary, J&JOY reimburses (with the exception of vouchers) the possible balance ;
- By PAYPAL: the Buyer indicates his PayPal account number (provided that it is sufficiently supplied).
- 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 to authorize payment by credit card from banking organizations
- non-payment or partial payment
The responsibility of J&JOY can then in no case be engaged.
ARTICLE 7. GUARANTEES
The Buyer must carefully keep the warranty slip: it is attached to the delivery note.
In the event of an anomaly upon receipt of the package, the Buyer may 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 article, if he did not know it or was not supposed to know the defect at the time of the conclusion of the contract and if he appears within two years of delivery. In this case, the Buyer may demand either the repair of his article 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 and following of the Civil Code). To do this, the Buyer notifies J&JOY in writing no later than 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 the repair or replacement of his article, unless otherwise stated elsewhere on the site. Items with a normal lifespan of less than two years, or even six months, according to generally known uses or according to 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 the Belgian legislation applicable to the sale of consumer goods are not affected by the guarantees described elsewhere on the site.
7.2. CORRESPONDENCE AND VISITING ADDRESS
Any correspondence or procedure in connection with the guarantees described in this article, should be sent or made to TEXARDENT SA Rue de Huy 248 at 4300 Waremme, Tel: +32 19/30.25.82, email: support@jn-joy .com
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1. FORCE MAJOR
J&JOY will not be liable 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 a disruption or strike. total or partial, in particular postal services and means of transport and/or communications, flood, fire.
Events meeting the criteria set by case law will be considered as cases of 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 responsible for reimbursing the Buyer if necessary.
8.2. PARTIAL INVALIDITY
The invalidity or inapplicability of one of the clauses of these general conditions cannot affect the validity or applicability of the other clauses. If necessary, the parties undertake to replace the null or inapplicable clause by a valid clause which is the closest from an economic point of view to the null or inapplicable clause.
The fact that J&JOY does not take advantage of these general conditions of sale at a given time cannot be interpreted as a waiver to take advantage of them later.
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 case of contradiction between these documents, the general conditions of sale will prevail.
8.4. APPLICABLE LAW - JURISDICTION
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 VOUCHER
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.