1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 In these terms and conditions:
(a) "we" means JOI Beauty LLC; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: [you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, creating an account is optional; if you are an existing customer, you may enter your login details; you must then select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4.1 The following types of products are or may be available on our website from time to time: Beauty tools of the electrical or non-electrical variety
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of applicable taxes.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you [will / may] have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 KLARNA Payments: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna: Pay in 4
You can find further information and Klarna's user terms here and general information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7 and in our delivery policy document.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 2 working days following the later of receipt of payment and the date of the order confirmation.
ORDER CANCELLATION RIGHTS
8.1 You may cancel your order by requesting cancellation via our customer support email found on our website or call our customer support telephone. As long as your order has not been processed and shipped, we will cancel your order and refund your payment in full via your original payment method. Please allow 7 working days to receive your refund.
WARRANTIES AND REPRESENTATIONS
9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions[ and our delivery policy].
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) [amount; and]
(b) [the total amount paid and payable to us under the contract.]
13.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
THIRD PARTY RIGHTS
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19.1 Subject to Section 10.1, these terms and conditions[, together with [our delivery policy and our returns policy],] shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
LAW AND JURISDICTION
20.1 These terms and conditions shall be governed by and construed in accordance with [US law].
20.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of [US].
STATUTORY AND REGULATORY DISCLOSURES
21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2 These terms and conditions are available in the English language only.
22.1 This website is owned and operated by JOI Beauty LLC.
22.2 We are registered in the State of Delaware USA, and our registered office is at: 16192 Coastal HighwayLewes, DE 19958
22.3 Our principal place of business is at 16192 Coastal HighwayLewes, DE 19958 USA.
22.4 You can contact us by writing to the address given above, by using our website contact form, by telephone on the number given on our website from time to time or by email to the email address given on our website from time to time.
1.1 This policy contains details of the delivery methods, periods and charges that apply to orders for our products made through our website[ or [by telephone or email]].
1.2 [This policy is a legally binding document, and forms part of the contract of sale between you and us made under our [terms and conditions of sale]. / This policy does not create legally enforceable rights and obligations; it merely indicates our usual practice in relation to the delivery of products.]
2.1 All orders will be subject to delivery charges advertised on our website at the time of purchase as detailed in Section 5.
3.1 Our delivery locations can vary from time to time and will be visibly advertised on our website before you make your purchase
DELIVERY METHODS AND PERIODS
4.1 The methods that we use to deliver our products, and the time periods within which delivery is usually completed will be displayed on our website at all times
4.2 We endeavour to ship orders within 1 working day of receiving payment. The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.
4.3 We do not process orders or ship orders on national holidays.
5.1 Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us.
5.2 Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.
6.1 Delivery tracking is available in respect of all orders for our products.
6.2 Details of tracking your order will be provided in an order shipping notification email we will send to you after we ship your order.
RECEIPT AND SIGNATURES
7.1 All deliveries must be received in person at the delivery address, and a signature must be provided.
8.1 If an initial delivery attempt is unsuccessful, our delivery service provider will make [at least 1 more attempt] to deliver the products in your order.
9.1 If your products remain undelivered despite our delivery service provider making [at least 1 more attempt] to deliver them, the delivery service provider will leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.
10.1 If you experience any problems with a delivery, please contact us using the contact details that we publish on our website.
10.2 If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).
10.3 An indicative list of the situations where a failure to deliver will be your fault is set out below:
(a) you provided the wrong address for delivery;
(b) there is a mistake in the address for delivery that was provided;
(c) the address for delivery is not reasonably accessible;
(d) the address for delivery cannot safely be accessed;
(e) if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or
(f) if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.
RETURNS AND REFUNDS
1.1 We understand that from time to time you may wish to return a product to us.
1.2 We have created this policy to enable you to return products to us in appropriate circumstances.
1.3 This policy shall apply [to all of our customers, irrespective of their geographical location].
1.4 This policy shall apply to [all orders submitted through our website].
1.5 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:
(a) we receive the returned product within 30 days following the date of receipt of the product by you;
(b) the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
(c) you comply with the procedure set out in this policy in relation to the return of the product; and
(d) none of the exclusions set out in this policy apply.
3.1 In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.
3.2 Products returned under this policy must be sent to the postal address provided in our return instructions.
3.3 You will be responsible for paying postage costs associated with returns under this policy.
4.1 The following kinds of products may not be returned under this policy:
(a) any product made to your specification;
(b) any product made to order;
(c) gift vouchers;
5.1 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
5.2 We will not refund to you the original delivery charges relating to the returned product.
5.3 We will not refund to you any costs you incur in returning the product to us.
5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.5 We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.
6.1 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
1.1 This agreement governs your purchase of products from J.O.I (“J.O.I”). By purchasing and/or receiving a J.O.I product, you are unconditionally agreeing to the warranty terms described below.;
(a) This agreement applies to you unless you notify J.O.I in writing of any disagreement with the warranty terms within 10 days following receipt of warranty, and return your product under conditions specified by either J.O.I or J.O.I reseller return policies, as applicable;
(b) This Limited Warranty agreement (“Warranty”) is between you and J.O.I and applies to J.O.I branded products (“Products”) and services purchased, in the United States, by you from J.O.I or any of its subsidiaries, parent companies, affiliates or a J.O.I authorised reseller, unless you enter into a separate written signed agreement with J.O.I.
2.1 The term of this Limited Warranty is one (1) year (the “Limited Warranty Period”) and your product is warranted against original defects in material The Limited Warranty Period begins on the date of ORIGINAL purchase by the customer. Your warranty covers all parts and labour to restore your J.O.I product to proper operating condition during the warranty period.
3. LIMITED WARRANTY
3.1 J.O.I warrants that its Products will be free from defects in materials and workmanship for the Limited Warranty Period.
3.2 In the first 30 days following the ORIGINAL purchase date, J.O.I offers a 30 day money back guarantee on all products excluding Gift Cards.
(a) All return for refund requests must be submitted through the company that sold the item, whether it was direct from J.O.I or through one of J.O.I’s authorised resellers.
(b) To return a warranty item, contact our customer services helpline or detailed instructions.
3.3 Beyond 30 Days: J.O.I DOES NOT offer money back once the initial 30 day period has expired. All returns beyond 30 days are governed by the standard warranty policy. During this period, J.O.I will, at its option: (i) provide replacement parts necessary to repair the product, (ii) repair the product or replace it with a comparable product, or (iii) refund the original purchase price for the product, LESS DEPRECIATION, upon its return. Replacement parts and products will be new, refurbished or serviceably used, comparable in function and performance to the original part, and warranteed for the remainder of the original warranty period.
4.1 Excluded is damage caused by accident, misuse, abuse, exposure of media to excess magnetic fields, or external environmental causes. Warranty does not apply if, in the judgment of J.O.I, the product fails due to damage from handling, accident, abuse, misuse, or if it has been used in a manner not conforming to the product’s instructions, has been modified in any way, or the warranty labels have been removed.