Article 1: PREAMBLE
We are pleased to welcome you on our website www.JOYAH.bio.
The SARL JOYAH (below the seller) is a website operated at 3, Rue de l'Industrie, 98000 Monaco. It is entered in the Commercial Register under number RCI 16S07061.
Its e-mail address is [email protected]
Article 2: PURPOSE
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of online sale of goods offered by the seller to the consumer.
These conditions apply exclusively to non-commercial natural persons.
The sale is reserved for major or minor customers with parental authorization.
Article 3: VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE (Law of 13 March 2000 on the electronic signature):
Any order placed under a product appearing in the online shop of the site www.joyah.bio supposes the consultation and prior acceptance of these general conditions of sale. The click of validation of the order implies a full acceptance of the present ones.
Article 4: PRICES
All prices of the products are indicated in euros all taxes included except participation in the shipping costs (see paragraph delivery modalities and delays).
Joyah.bio reserves the right to modify its prices at any time without prior notice. The products will be invoiced on the basis of the rates in effect at the time of the registration of the orders. The products remain the property of joyah.fr until the complete collection of the price by the seller. The price is payable in full and in one instalment.
The seller reserves the right to change prices at any time and without prior notice.
Article 5: ORDER AND AVAILABILITY OF PRODUCTS
The customer can order on the Internet via www.joyah.bio or via the French website www.joyah.fr.
Joyah.bio reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of an earlier order or which would present any form of risk to him.
Any order implies acceptance of prices and description of products available for sale. The seller undertakes to honor the orders received on the website only within the limit of the available stocks of the products. In the absence of availability of one or more ordered product (s), the seller undertakes to inform the customer as soon as possible by email. The customer's order will then be automatically cancelled and the corresponding amount refunded.
Article 6: PAYMENT AND SECURITY
Payment of purchases is made at the choice of the customer:
- By credit card: Visa, MasterCard
- By PayPal
- By check - only for France and Monaco
- Bank Transfer
Secure credit card payment:
You can pay by credit card: in this case, payment is made by our MangoPay payment solution. This implies that no banking information concerning you is transmitted via the site www.joyah.bio. Payment by credit card is therefore completely secure. Your order will be registered as soon as the payment is accepted by the banking service. You can pay online with confidence by entering the number, the expiry date of your credit card and the security code located on the back of the card in the places provided for this purpose.
Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never pass through the network in clear text. Payment is made directly to the bank. The seller has no access to these details, and does not keep them on its servers. That's why they are asked again for each new transaction on our site.
Joyah.bio doesn't save any customer's bank information.
Payment by check only for France and Monaco:
In the case of payment by check, it must be issued by a bank domiciled in metropolitan France or in Monaco and payable to JOYAH SARL. It must have the same name as the one entered in the order. A piece of identification must be attached with the check. It is to be sent to SARL JOYAH, 3, Rue de l'Industrie, 98000 Monaco.
The ordered products are then reserved 10 days from the date of order. After this period and in the absence of receipt of the corresponding check, the seller reserves the right to cancel the customer's order. The check will then be returned to him upon receipt.
The cashing is made upon receipt of the check.
Payment by bank transfer:
You can pay by bank transfer. At the validation of the order you receive an e-mail with information about this method of payment.
Please note: bank charges are the responsibility of the customer. The order will be sent only when the total amount of the order is received.
FIGHT AGAINST FRAUD:
Control of Regulations:
The site joyah.bio reserves the right to check the validity of the settlement, before the order is dispatched, by any means that the seller deems necessary (in particular the request for identity documents, proof of domicile, etc.).
Default of Payment:
Joyah.bio reserves the right to refuse to make a delivery or to honor an order from a consumer who has not totally or partially paid a previous order or with which a payment dispute is being administered. In case of fraud or suspicion of fraud, the seller reserves the right to cancel any member without notice or compensation.
Article 7: DELIVERY AND TIME LIMITS
Joyah.bio carries out delivery of the articles all over the world.
In the event of an incorrect entry, in particular an incorrect or incomplete delivery address, the seller can not be held responsible for the consequences in terms of delay or impossibility of delivery. The client must communicate a valid email address, failing which Joyah.fr can not be responsible for the consequences resulting from it. All expenses related to the redirection of the products due to an error of seizure of the customer will be the exclusive charge of the customer.
JOYAH ships orders in 24h from Monday to Friday. If you place your order before 1:30 pm, it will be shipped the same day. If you pass it after 1:30 pm, it will be shipped the next day. Orders placed on a Saturday, Sunday or public holiday will be processed on the next working day.
- Delivery by COLISSIMO Profil in Metropolitan France, Andorra, Corsica and Monaco:
The price of the delivery by the Colissimo Service of the French Post office is 7,90 € VAT (whatever the weight of the package). Colissimo delivery is offered from 150 € purchase.
The delivery time is 48 to 72h.
The package is delivered directly to you. If you are absent during the passing of the postman, he will leave it in your mailbox or you will leave a notice of passage so that you can retrieve it at your post office.
- Shipping by COLISSIMO Expert in Metropolitan France, Andorra, Corsica and Monaco:
Joyah also offers you the possibility to choose the Expert service from Colissimo with insurance included. In this case, the parcel is issued against your signature only and can not be left in your mailbox. The price is 9,90 € VAT.
This delivery is offered from 200 € of purchase.
The delivery time is the same, 48 to 72h.
- Express delivery by CHRONOPOST for Metropolitan France (excluding Corsica):
Joyah offers to its customers the possibility of using the express delivery service, via the service of the Post Chronopost. If you place your order before 13.30 (working day), you will receive your package the next day before 1pm. If you pass it after 13:30, you will receive it the day after tomorrow. The price of delivery by Chronopost is 12,90 € VAT.
ATTENTION NO DELIVERY ON SATURDAY.
Delivery in the DOM-TOM for Martinique, Guadeloupe and Reunion is made by the DHL Express service, which delivers directly to your address, against signature. The price of the delivery is 23,90 € VAT and includes insurance. The general delivery time is 2 to 4 working days. Attention may be extended by customs procedures.
For New Caledonia and French Polynesia, delivery is made by DHL Express who also delivers you within 2 to 4 working days for a price of 49,90 € VAT.
- Delivery DHL Express America:
Delivery to the United States, Canada and Mexico is made through DHL Express. The delay is 24 hours to 48 hours and costs 23,90 € VAT, this price does not include the customs fees.
Your package will only be delivered against signature and will not be left in your mailbox.
Attention the delivery time can be lengthened by the customs procedures.
- Delivery DHL Express Asia and Africa:
For the countries of Asia and Africa, DHL Express offers a delivery to 29,90 € VAT within 1 to 3 working days.
Please note that this period does not take into account customs procedures.
For Belgium, Germany, United Kingdom, Italy, Spain, Luxembourg and the Netherlands DHL Express Europe Zone 1 delivers to your address and against signature within 24 hours, for a price of 14,90 € VAT included.
For Austria, Denmark, Finland, Greece, Ireland, Portugal and Sweden DHL Express Europe Zone 2 delivers to your address and against signature in 24h, for a price of 18,90 € VAT.
For Eastern Europe, and Russia, DHL delivers to you within 1 to 2 working days at your address and against signature for a price of 44,90 € VAT.
For Switzerland and the rest of Europe, DHL Express delivers within 24 hours and against signature, for a price of 21,90 € TTC.
More information about delivery terms:
In case of a batch shipment of several items in the same order, the delivery costs for one article remain as mentioned above; the delivery of the other additional items of the order is free of charge.
The carriage times indicated above are to be taken into account from the departure of the package from our office.
We decline all responsibility for the longer delivery times due to the carrier, in particular in case of product loss, bad weather or strike.
Attention certain deliveries may be subject to customs tariffs and delays.
Article 8: EXCHANGE, RETURN AND REFUND
Exchanges are possible but remain at your expense for the return! You can also send back your items for a refund and order again on our website!
According to the articles L. 120-20, the consumer has fourteen (14) calendar days to return, products that do not suit him. We have a period of 15 days from the date of receipt of the consumer's order. For any request to return, do not hesitate to contact us at [email protected].
Exchanges are free and simple at Joyah.bio!
If you want to exchange an article, you will have to pay to send it back but we offer the second delivery (except sales items that aren't exchangeable). The client disposes of 10 days to send back the products.
The exchange doesn't imply the reservation of an article. Once the seller has received the returned package for an exchange, some popular products can be not available anymore and the customer won't be able to order it. Then, Joyah.bio will suggest another product or a refund.
Only will be taken back the new products, clean, with the tag still on and in perfect selling conditions. The products have to be tried on with your underwear.
All the products that don't respect this procedure won't be taken back by the company.
Any product that is damaged, will not be refunded, taken back or exchanged. In this case, no refund can be required; the customer will remain the only owner of the product that will be sent back to him at his own expense.
In the hypothesis of the law exercise of retraction, the customer has the choice of demanding either a refund of the paid amounts or a free exchange of the product.
In the case of the lax exercise of retraction, the seller will make all the efforts to refund the customer in a 30 days delay.
If the amount of the exchanged order of the client is over the amount of his initial order, he will be able to pay the difference by bank transfer, by PayPal or by check at the fowling address: SARL JOYAH, 3, Rue de l’Industrie, 98000 Monaco.
The order will be sent as soon as the payment goes through. If the amount of the exchanged order is lower, Joyah.bio will pay back the difference within a 10 working day delay.
If the client desires a refund or an exchange of his article, he has to send it back through Post Office or through DHL, with its delivery note, at the following address:
SARL JOYAH C/O CAR
1ère avenue, 5191M, ZI de Carros,
06517 Carros Cedex 1
In the case of a refund, the return fees are at the client's expenses.
The refund is done:
- by credit card for the clients who paid by credit card
- by bank check for the clients who paid this way
- by PayPal for the clients who paid by PayPal
- by bank transfer for the clients who chose this payment mode (first send us your bank information by email)
Your refund will be effective upon receipt of your package and after a processing time of 10 working days.
In the case of a delivery or exchange error, due to a wrong client information (wrong or non existing address), the reexpedition fees are at the client's expenses.
From the moment the order has been confirmed and paid, the address can't be changed anymore.
Article 9: CUSTOMS FEES
Every order done on the site and which the delivery country is not France can be submitted to customs. These customs rights are imposed by current regulations of the country. These taxes are at the client's coast and reveal from his responsibility. Joyah.bio doesn't have to verify and inform its client's of the customs rights and practice taxes. The client has to inform himself by asking the competent authorities of his country before ordering on the website. In case the client refuses to pay the customs fees or taxes, we are eventually asked to pay the taxes at www.joyah.bio to collect the package, which will be deducted, from the amount of refund of the client. The initial delivery fees will also be deducted from the refund amount such as the administrative costs of 3€.
Article 10: INTELLECTUAL PROPERTY
All the texts, comments, work, illustrations and images reproduced on www.joyah.bio are reserved by strict copyrights also at the title of intellectual property worldwide. A this title and according to the rights of the intellectual property, are only allowed for a private use, under reserves of different dispositions, more restrictive than the intellectual property code. Every reproduction partial or fully of the website www.joyah.bio is strictly prohibited unless a preliminary agreement.
Article 11: RESPONSABILITY
The company JOYAH has, for every steps to access the website, of order process, of delivery, of customer service or of posterior services, a best endeavours obligation. The responsibility of Joyah.bio isn't engaged for all the inconveniences concerning or damages inherent to the use of the internet network, especially a server break down, an external intrusion or the presence of a computer hardware virus, or of all fact qualified as major force, according to the jurisprudence. The computerized records kept in the information software of Joyah.bio is reasonable security conditions, will be considered as communication evidence, of the orders and payments intervened in between Joyah.bio and the client.
Article 12: MODIFICATIONS OF THE GENERAL SALES CONDITIONS
The seller reserves the possibility of adapting or modifying at any moment these general sales conditions. In case of modification, it will be applied to every order the general sales conditions applicable the day of the order.
Article 13: INFORMATIONS ON THE PRODUCTS
All the best efforts have been put in to assure the accuracy of the information’s given on the selling website. However the seller and the supplier aren't responsible of the consequences, incidents, and special damages resulting from the electronic transitions or the exactitude of the transmitted information even in the case where the seller knew the possibility of these damages. The names and brands of products and companies are only used in an identification goal.
Article 14: APPLICABLE LAW
The present general conditions are submitted to the French law. It's done this way for the rules of style and content.
In case of litigation or of claim, the customer will first speak to the seller to obtain an amicable solution.
Article 15: PROTECTION OF PERSONAL DATA
All the information you give us are used to process your orders.
In virtue of the French law n°78-17 of January 6th 1978 relative to data processing, at the files and at the liberties, you dispose of a rectification, consultation or modification right towards the seller and of cancellation of the personal information you gave us. This right can also be practiced online.
Article 16: PRODUCT WARRANTY
The provisions hereof shall not deprive the consumer of the legal guarantee, which obliges the professional seller to guarantee him against all the consequences of hidden defects of the thing sold.
If you receive a defective item in your order, please send us an e-mail to [email protected] containing your order number to notify us of the problem. We will then arrange for you to return a parcel or refund the item.
Article 17: RIGHTS OF USE
The use of JOYAH products present on the site is strictly prohibited.
Article 18: FORCE MAJEURE
Any parties will have failed to their agreement obligations, if their execution is delayed, hampered or help up by a fortuitous case of force majeure. Will be considered a case of force majeure all irresistible case or circumstance, external to both parties, unpredictable, inevitable from the parties will and won't be able to be stop par them, despite all their reasonable possible efforts.
The affected part by these circumstances will have to advice the other part within a delay of ten working days following the day he found out about the problem.
The two parties will then get together, within a three-month delay, unless impossibility due to the force majeure, to examine the incident of the event and agree on the way the contract will be pursued.
If the force majeure case lasts more than one month, the present general conditions can be cancelled by the injured part.
In an easier way, will be considered force majeure cases or fortuitous cases, other than the ones who are usually held by the jurisprudence of the French courts: an obstruction of all transportation ways, earthquake, fire, storm, flood, telecommunication networks stop working, wars,...
Article 19: Partial invalidity
If one or many stipulations of the present general conditions are held for non valid or declared as such in a law application, of a regulation, or after a definitive decision of a competent jurisdiction, the other stipulations will keep their force and their reach.
Article 20: Non-renunciation
The fact for one of the parties of not prevail of a breach by the other part at any aimed obligation in these present general sales conditions can't be interpreted for the future as a demand in a cause obligation.
Article 21: Litigation
Joyah.bio’s responsibility is, in any case, limited to the amount of the order and can't be held responsible for simple mistakes or omissions, which could have existed despite all the precautions taken in the product's presentation.
Joyah won't be held responsible, towards a client or a third party, of any indirect damage, of any exploitation lost or turnover profit lost, occurred by any way, even if the damage, lost or prejudice was predictable by Joyah, or if this event caught its attention.
Article 22: Customer Service
For any information or question, the Customer service of joyah.fr is available by e-mail to the following address [email protected] or by mail to address to SARL JOYAH, 3, Rue de l'Industrie, 98000 Monaco.
The carriage times indicated above are to be taken into account from the departure of the parcel from our premises. We decline all responsibility for the longer delivery times due to the carrier, in particular in case of product loss, bad weather or strike.