Terms and Condition of Sale Orders Placed on Joyce Korban Website
By accessing this Websites you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this Websites. The www.joycekorban.com Websites is provided solely for your personal use. You may not use this Websites for any commercial purpose.
These are the Terms and Conditions of sale (“Conditions”) of Joyce Korban Limited whose registered office is Suite 1701-02 17th Floor, FWD Financial Center, ING Tower, 308 Des Voeux Road Central, Hong Kong. These terms will apply to all purchases of Goods worldwide when you order via our Websites (www.joycekorban.com) (www.joycekorban.co.uk) (our “Websites”). Please read this document carefully prior to placing your order.
By accepting the Terms and Conditions when confirming your order, you confirm your unconditional acceptance of these Conditions.
We may change these Conditions from time to time. The latest version of these Conditions will always be available on our Websites.
These Conditions can be saved electronically or printed by all users of our Websites. Whilst they remain posted on our Websites, these Conditions will relate and apply to all transactions carried and processed out via our Websites.
1.1) In these Conditions:
1.1.1) “Customer” means a person acting as a consumer who is purchasing goods outside the course and path of his or her business or trade;
1.1.2) “you” means the Customer submitting an order for Goods;
1.1.3) “Goods” means the Goods to be supplied under these conditions;
1.1.4) “Party” means either you or us; “Parties” means you and us;
1.1.5) “Writing means letter or email (electronic mail).
1.2) The contract for supply of Goods (“Contract”) will be formed when we accept your order. Once the Contract has been formed with you, we will file it on paper or electronic copy for our records. “All orders are subject to Availability of Stock”
1.3) Orders may only be placed by Customers aged 18 and over holding his/her personal valid credit card.
1.4) In deciding whether to accept your order we may carry out a credit check and we will only process your order if we are satisfied with the results of such a check. You confirm that you agree to us carrying out such a check.
1.5) These Conditions and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations, illustrations (unless fraudulent) or undertakings.
1.6) Any omission, oversight or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by us may be corrected by us without liability or any legal responsibility.
1.7) The provisions and necessities of the Contracts (Rights of Third Parties) are specifically excluded from the Contract so that no third party may/can claim any rights under this Contract.
1.8) These Conditions comply in all respects with the Consumer Protection (Distance Selling) Regulations 2000 (as amended or altered) and the Electronic Commerce (EC Directive) Regulations 2002.
1.9) Clause headings are for convenience and expediency only and do not affect the interpretation and understanding of these conditions. Words in the singular include the plural and vice versa.
1.10) By accepting the Contract you confirm and verify that you are a Customer of Joyce Korban Limited.
1.11) These Conditions may only be changed in a document signed by one of our senior management or directors.
2) Identification of the Offer:
Joyce Korban Limited whose registered office is Suite 1301,13/F,ING Tower, 308 Des Voeux Road Central, Hong Kong company number 1534886, (referred to in these terms as “we”, “us”, “Joyce Korban Limited” and “Joyce Korban”).
3) Information Relating to Goods
Information on the range of Goods sold via our Websites is available, with product references, through our Websites.
4.1) Orders via our Websites only:
4.1.1) Orders can be placed through our Websites. You will be accountable, responsible and liable for paying any/all costs of connection to our Websites.
4.1.2) Whilst we take sufficient and reasonable care in ensuring that all material contained in our Websites is accurate and up-to-date at the time it is posted, we cannot guarantee it. None of the material contained in our Websites is to be relied upon as a statement, declaration or representation of fact. All images, illustrations and descriptions of the goods are for information only and you are advised to contact our Customer Service team at email@example.com for further and additional information in regards to our products.
4.1.3) Whilst we try to ensure that our Websites is dependable and obtainable at all times, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any given time. We do not give any warranty and guarantee for the completeness, accuracy, consistency, suitability, reliability, performance, freedom from viruses, warms, appropriateness or timeliness of the content or services contained on our Websites.
4.1.4) We will not be liable nor responsible for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Websites, its content or any link to another Websites arising in contract, tort (including negligence) or otherwise.
4.1.5) When placing an order for the first time, you will be required to open an account with us and complete certain required fields on an order form. All steps necessary for placing an order are detailed on our Websites.
4.1.6) In the event prolonged inactivity causes your connection to our Websites to fail, your selection of Goods may be lost. In such case, you will be required to re-enter your selection.
4.1.7) Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Websites is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the Goods. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.
4.1.8) You will only be charged for Goods which have been dispatched to you (together with relevant delivery charges).
4.1.9) The sale will only be binding us once we have notified you that the order is accepted and the goods have been dispatched by us. This means that if Goods are shown on our Websites but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Goods.
4.1.10) You will only be charged for Goods which have been dispatched to you.
4.2) Care has been taken to ensure that the photographic representation, description and specification of each product is accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Prior to placing an order you should read these terms and conditions carefully as they contain important information about your order.
4.3) By submitting an order to us through our Websites, you represent and warrant that the payment details provided on your order is valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details.
4.4) Acceptance of an order placed by you online and the completion of the contract between you and Joyce Korban Limited will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order, Cancellation instructions set out below in section 9.
4.5) Our Customer Care team are available Monday to Friday 9.00am – 5.00pm (Swiss time +1 hour GMT) and closed Saturday, Sunday, Genève and Swiss Public Bank Holidays.
4.6) All orders are subject to availability
5.1) All prices shown on the Websites are in Swiss Franc (CHF) and are excluded of any kind of Taxes, Custom & Excise Duty or Clearance Fees, VAT or any other Duties upon Delivery where applicable. Prices may change at any time.
5.2) Joyce Korban Limited is/will not be Responsible or Liable for any kind of Taxes, Custom & Excise Duty or Clearance Fees, VAT or any other Duties upon Delivery of your order, as we operate out of the Free Port Zone in Genève, Switzerland. It is the sole responsibility of the customer to pay the applicable taxes, VAT and/or other duties in their applicable jurisdiction should the same apply.
5.3) Although we try to ensure that all our prices displayed on our Websites are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
6.1) You must pay for the Goods prior to their dispatch to you by credit card. Payment must be either in Swiss Franc (CHF), Sterling Pound (£) & Euro (€). The following credit cards are accepted: Visa, MasterCard and American Express.
6.2) Kindly note, we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email.
6.3) Your credit card will be debited at the time the order is prepared; you must confirm to us the name which appears on the credit card to be debited, give the 16-digit card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card (Amex the four digit in front of the card). We undertake to keep this information strictly confidential.
6.4) When an order is placed, we may request pre-authorisation for the value of the order from your bank/card issuer to ensure that the funds are available. However, this remains simply a pre-authorisation request until the order is dispatched, at which point we actually take payment.
6.5) In order to counter Internet fraud, payments through our Websites will be managed on-line with the banking organisations concerned through the facilities offered by WorldPay. This company will be responsible for holding and automated handling in a secure environment the information relating to each order, including bankcard details.
6.6) We reserve the right to put in place additional/other payment security system(s) from time to time.
6.7) In circumstances that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the sale will be void immediately.
7.1) We will deliver to the Credit Card Holder address as well as to a third party or third party address, only at the instruction of the card holder at the time of purchase. All deliveries will have a courier tracking number.
7.2) If there is no one at the Credit Card Holder or third party address given who is competent to accept delivery of the Goods, you will be asked to contact our logistic company in order to arrange an alternative delivery date.
7.3) No delivery will take place unless payment for the Goods has been received. Every effort will be made to deliver the Goods as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will aim to deliver the Goods within twenty eight (28) days.
7.4) Please note that all packages containing Goods to be delivered to you will be weighed by us prior to their dispatch.
7.5) Ownership of the Goods and the risk for damage to the Goods passes to you upon delivery.
7.6) If goods are returned back to Joyce Korban Limited by courier company due to unable to deliver, you will be liable for the return fees cost and administration fee of Fourteen Swiss Franc (CHF14) or equivalent.
7.7) If, at the time of delivery, the packaging seal has been damaged or tampered with, you have the right to refuse the order or to open the package in the presence of the carrier in order to confirm the condition of the Goods. In the event of damaged Goods, you should note the details on the delivery note and email us on firstname.lastname@example.org immediately.
8) Limitation of Liability
8.1) We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract.
8.2) Our entire liability in connection with the Contract will not exceed the purchase price of the Goods in question.
8.3) Nothing in this Contract means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors is limited.
8.4) We shall repair or replace, free of charge, any Goods damaged or lost in transit where delivery has been made by our carrier, provided that:
8.4.1) you give us written notification of such damage or loss within twenty four (24) hours of the delivery date in the case of damage and within twenty four (24) hours of the anticipated delivery date notified to you at the time you placed your order in the case of loss, in order that we may comply with our carrier’s conditions of carriage;
8.4.2) you produce to us any receipt or other documents relating to the Goods in question together with (in the case of a claim for damage) the original packaging for the Goods.
9) Your Right of Cancellation and Return Policy
9.1) To exercise your right of cancellation prior and after the Goods have been dispatched to you, you must give written notice to us by email to email@example.com.
9.2) If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to us as soon as possible and at your own cost (unless on receipt of the goods we consider that the Goods are faulty, whereupon we will refund or re-credit you with the cost of returning the goods to us) within Seven (7) days of receipt of goods (in accordance to the airway bill tracking information by the logistic company) in a perfect, unused and saleable condition and with any related accessories together with the duly completed return form with its original invoice to the address below. The refund excludes Postage & Package and a Twenty Swiss Franc (CHF20) or equivalent for administration fee. This will be processed within ten (10) working days. Joyce Korban Limited is/will not be Responsible or Liable for any kind of Taxes, Custom & Excise Duty or Clearance Fees, VAT or any other Duties upon Delivery of your order, as we operate out of the Free Port Zone in Genève, Switzerland.
All return items must be sent to the following address with a recorded delivery service for your protection:
Joyce Korban Ltd
6 Route du Grand-Lancy
Port Franc La Praille
1211 Genève 26
9.3) If you do not return the Goods (within seven (7) days) under these Conditions, we are not liable for any refunds.
9.4) Once we have received the returned unwanted goods in a satisfactory and resalable condition within seven 7 days of the receipt of goods, we will process your refund within ten (10) working days and will refund or re-credit within thirty (30) days for any sum that has been paid by you or debited from your credit card excluding Postage & Package and a Twenty Swiss Franc (CHF20) or equivalent for administration fee. Joyce Korban Limited is/will not be Responsible or Liable for any kind of Taxes, Custom & Excise Duty or Clearance Fees, VAT or any other Duties upon Delivery of your order, as we operate out of the Free Port Zone in Genève, Switzerland. Alternatively, we will be happy to exchange or replace any faulty Goods you have ordered.
9.5) No refund will be offered for Goods that are returned by the Customer incomplete, used, damaged or soiled.
9.6) There will be an exchange policy within Fourteen (14) days of receipt of the product according to the airway bill receipt, if Goods are returned due to an error on our part or because it is damaged or defective, we will pay for your P&P return costs.
9.7) Kindly email us at firstname.lastname@example.org immediately, detailing your name, order reference, and a small description of the fault/return. We will aim to get back to you within three (3) working days (Excluding Public Holidays & Bank Holidays) with a reference and return slip which must be placed inside the box.
10) Product Availability / Information
We feature products on our Websites that have been carefully selected for Online Shopping. Once an item is sold out, you will be informed accordingly of the availability of Goods and you will not be charged nor will any request for per-authorisation payment be carried on until your order is ready for dispatch. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address you provided when placing your order. If we cannot contact you or receive no response to an email we send to you within five (5) working days, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values.
11) Further information
For further information relating to these Conditions, or the Goods themselves, you should email us to email@example.com
12) Delay or Failure to Perform
We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address.
We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order, and a refund will be made in accordance with clause nine (9) of these Conditions.
13) The Websites
13.1) We may change the Joyce Korban Limited Websites and correct or update information (including product information) on it or change these terms and conditions at any time without notice.
13.2) Except in relation to the description of products and services available for order from our Websites, we do not guarantee and are not responsible for the accuracy of any information provided on the Websites.
13.3) You may access and use the Websites for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may:
13.3.1) retrieve and display the content of the Websites on a screen;
13.3.2) print copies of the content for your own personal use; and
13.3.3) store the content in electronic form (except that you may not store it on any server or other storage device connected to a network).
13.4) You may not use this Websites or its contents:
13.4.1) for commercial purposes;
13.4.2) for resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of this Websites (e.g. item listings, descriptions, prices);
13.4.3) to download (other than page caching) or modify the Websites, or any portion of it;
13.4.4) to interfere with or disrupt any network or web site connected to this Websites or gain unauthorised access to other computer systems;
13.4.5) to interfere with the enjoyment or use of the Websites by any other person;
13.4.6) for any purpose which is unlawful.
13.5) In addition you may not in relation to this Websites, use any:
13.5.1) data mining, robots, or similar data gathering and extraction tools;
13.5.2) framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the Websites;
13.5.3) meta tags or any other “hidden text” which uses our name or trademarks.
13.6) Using this Websites does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
13.7) We do not represent or warrant that the material contained in the Websites, any of the functions of the Websites and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The Websites is provided “as is”. Accessing the Websites is entirely at your own risk.
13.8) You must not transmit through or to our Websites any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
13.9) This Websites and its content including all texts, graphics, logos, button icons, images, data compilations and software used in connection with this Websites, is our property or that of our suppliers and is copyright protected, trademarks, database rights and other intellectual property rights.
13.10) This Websites may include links to third party web sites (“Third Party Site(s)”) from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this Websites.
14) Use of your information
The holding and using of personal information provided to Joyce Korban Ltd is governed by the Legal Notice posted on the Websites. Please read this Legal Notice to understand how we use and protect the information that you provide to us. By placing an order on the Websites, you consent to the collection, use and transfer of your information under the terms of the Legal Notice.
All comments, queries or requests relating to our use of your information are welcome and should be addressed to email to firstname.lastname@example.org
15) Our Contact Details
Joyce Korban Limited
Case Postale 1254
6 Route du Grand-Lancy
Port Franc La Praille
1211 Genève 26
16) Governing Law
16.1) The Contract is governed by the laws of Hong Kong and the Hong Kong Courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
16.2) No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
17.1) We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
17.2) We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
17.3) If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
18) Privacy and Communications
18.1) When you place orders online we collect certain personal and transactional information (e.g. name, address, email address and other contact details) from you.
18.2) To fulfil our obligations to you under these Terms and Conditions we communicate with you by email and by posting notices on the Websites. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.
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