“Seller/we/our/us/Onjoy” means Onjoy and the company’s website www.onjoy.com.
“Customer” means the person or company to whom this document is addressed.
“International Customer” shall mean, “Customer” from outside the United Kingdom.
“Website” shall mean, www.onjoy.com or any other subdomains of onjoy.com which may be accessible unless expressly excluded by their own terms and conditions.
“Online Store” shall mean the method by which the Customer browses and purchases the products from Onjoy, being the Website.
“Order” shall mean the submission of an order for products on the “Online Store” by the “Customer”.
1.1 These terms and conditions are applicable to the supply of products made by the Seller, hereafter referred as Onjoy, to the buyer hereafter referred as the Customer.
1.2 The Online Store is for use by individuals aged 15 and over. You should not use the Online Store if you are under this age.
2.1 The prices of the goods will be as quoted on the Online Store from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 2.4 for what happens in this event.
2.2 Prices for our goods may change from time to time, but changes will not affect any order which we have confirmed.
2.3 All prices are quoted in GB Pound Sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
2.4 The Online Store contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the Online Store may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order.
We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
3.1 Payments may be made by one of the following payment methods (except International Customers see clause 16) unless otherwise specified:
Major credit cards as listed: Visa, MasterCard, American Express, Maestro, and Visa Electron
3.2 You may select to view the price of the products on our Online Store in any currency supported by us and the relevant exchange rate at the date you make payment shall be applied on checkout so payment is received by us in GB Pounds Sterling.
3.3 Any discount or other promotional codes issued by Onjoy from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. Certain brands or products may be excluded and you will not be able to use any discount codes in respect of such brands/products. See the Promotion Exclusions page on the Online Store for further information. If any of the terms and conditions with which the discount codes were issued contradicts these terms and conditions, the terms and conditions in respect of the discount code will prevail.
3.4 We reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order).
Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential and the Customer shall not share this with any other person.
PASSING OF PROPERTY
4.1 Onjoy shall retain the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by Onjoy.
5.1 All Orders are subject to acceptance and availability. Upon placing an Order with Onjoy, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by Onjoy.
Order acceptance and the creation of the contract between Onjoy and the Customer will start at the time the products ordered by the Customer are despatched from Onjoy’s warehouse to be delivered to the address supplied by the Customer.
5.2 Onjoy will take all reasonable care in accordance with applicable laws, in so far as it is in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part (and, subject to applicable laws, including laws relating to data protection and privacy) Onjoy cannot be held liable for any loss suffered by Onjoy if a third party procures unauthorised access to any data you provide when accessing or ordering from the Online Store.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Online Store; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5.3 Products purchased from Onjoy are not for re-sale or distribution. Onjoy can at its sole discretion restrict ordering to a maximum of 3 pieces of any individual products and reserve the right to cancel any Orders which are suspected are being purchased for re-sale or distribution.
6.1 Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all orders within 2 working days. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. In any case, delivery will be made within 30 days after the date we accept your order.
6.2 If you order goods from the Online Store for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
6.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
6.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
7.1 All Orders will be delivered using the service as detailed at the time of ordering. Onjoy has the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you prior to completion of your order. The Customer must request any other delivery method at the time of order.
PASSING OF RISK
8.1 Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. Onjoy accept no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified following our reasonable efforts to contact you to deal with this.
8.2 In the event of an order being lost by a third party which has either been authorised by you to accept the products or a courier commissioned by you to deliver the products, Onjoy bears no risk once it has been delivered to them. Where goods have been received damaged, a full refund will be made if we are notified of the problem within 30 days of delivery by phone or email. You will then be required to return the goods together with their original packaging to the Onjoy trading address.
TITLE AND DEFECTS
9.1 The Products shall be owned by you once we have received payment in full for the Products. The Customer shall inspect the goods within a reasonable time after their receipt. The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. The Customer shall notify the seller in writing or by email if the goods are faulty or misdescribed and shall be entitled to a full refund, to get the product repaired or replaced or to get some of their money back
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
10.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Rights Act 2015.
10.4 As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from you local Citizens’ Advice Bureau or Trading Standard office. Nothing in these Terms will affect these legal rights.
13.1 Whenever you submit a review or make use of another feature that allows you to upload material to the Online Store, or to make contact with other users of the Online Store, you warrant that you will be accurate and that you will not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. You warrant that any such contribution complies with those standards and that you own or otherwise control all of the rights to the content that you post, that such post shall not breach or infringe the rights of any third party and you indemnify us for any breach of these warranties.
13.2 Any material you upload to the Online Store will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
13.3 We have the right to use the name that you submit in connection with such content and to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Online Store constitutes a violation of their intellectual property rights, or of their right to privacy.
13.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Online Store.
13.5 We have the right to remove any material or posting you make on the Online Store if, in our opinion, such material does not comply with the content standards set out above.
CHANGES TO TERMS & CONDITIONS
14.1 We reserve the right to change these terms and conditions at any time but will notify you in advance of such changes.
LAW AND JURISDICTION
15.1 These terms and conditions are governed and shall be interpreted in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.