Terms of Service for Buyers

When you buy an item, you are agreeing to the rules and policies we have put in place for our community. You can find out more details on these rules and policies below.

We want to make sure JoyGown is a safe place to buy and sell products and services. In order to make JoyGown a safe place for ecommerce, we hold our buyers to certain standards. When buyers do not follow these standards we take action on our buyers and we protect our sellers.
 
What is the policy?
A. Comply with our policies on goods:
  1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Goods which appear on the Website are subject to availability.
  4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

B. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
C. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
D. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (I.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
E. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
F. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
G. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

 

Comply with our policies on personal information and registration
  1. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
  2. We retain and use all information strictly under the Privacy Policy.
  3. We may contact you by email or other electronic communication methods and by prepaid post and you expressly agree to this.
Comply with our policy on circumstances beyond the control of either party
A. In the event of any failure by a party because of something beyond its reasonable control:
  1. the party will advise the other party as soon as reasonably practicable; and
  2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
B. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
 
C. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
  1. We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
  2. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
D. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
 
E. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us.
 
F. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
 
G. We do generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you need to pay import duties or other taxes.
 
H. You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
 
I. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
 
J. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
 
Comply with our policy on delivery of risk and title
  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them.
Comply with our policy on data protection
  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy and cookies policy.
  3. For the purposes of these Terms and Conditions:
  4. Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
  5. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
  6. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
A. We are a Data Controller of the Personal Data we Process in providing Goods to you.
 
B. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
  1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  2. we will only Process Personal Data for the purposes identified;
  3. we will respect your rights in relation to your Personal Data; and
  4. we will implement technical and organisational measures to ensure your Personal Data is secure.
C. For any enquiries or complaints regarding data privacy, you can e-mail: customer-service@joygown.com.
 
Comply with our policy on excluding liability
  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Comply with our policy on governing law, jurisdiction and complaints
  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Abusive buyer policy overview
A. This policy outlines our expectations for buyer behaviour. When buyers don’t meet these standards, sellers can report malicious behaviour on our website or by email.
 
B. Engaging in activities as described in this policy may result in a range of actions, including the loss of JoyGown discount offers, issuing warnings to buyers, blocking buyers from requesting returns or refunds on JoyGown, blocking buyers from opening claims, and account suspension.
 
C. When we review a report of a member violating our policies, we look at the circumstances, including the members’ history. We make decisions based on the evidence in the individual situation and by evaluating patterns of behaviour that create a negative value in the marketplace. If we aren’t sure about something, we may not take any action. Also, because we respect our members’ privacy, we can’t discuss the results of any investigations.
 
D. Behaviours we don’t allow:
    1. Don’t demand something not offered in the original listing
    2. Don’t make false claims
    3. Don’t misuse returns
    4. Don’t misuse JoyGown messaging
    5. Don’t abuse JoyGown‘s buyer protection programmes or your payment service provider’s dispute processes
    6. Pay for items you commit to purchase
Additional information
Acceptable buying practices include adherence to the following policies:
  1. Communications: Your communications with sellers via email, JoyGown Website or Community discussion boards should comply with our Company’s Policy.
  2. Unwelcome and malicious buying: We consider purchasing an item when you have no intention of completing the transaction, or circumventing a seller’s buyer requirements, to be unwelcome and malicious buying.
  3. Contact information: All JoyGown members must keep their account details up to date. We take action when we know that a member has false or missing contact information.
Unpaid item policy
Members must pay for the items they commit to purchasing on JoyGown immediately.
 
Purchase conditions
A. When buying an item, you agree to comply with the Policy for buyer protection and that :
  1. you are responsible for reading the full item listing before  commitment to buy;
  2. you enter into a legally binding contract to purchase an item when you commit to buy an item,
  3. if you purchase an item on a JoyGown site other than JoyGown.com you are subject to the terms of service of that other JoyGown sites solely with respect to that particular purchase.

B. When a member uses Buy It Now to purchase an item, they must complete the purchase by sending full payment to the seller. Buyers must note:

  1. The cost of postage and handling, and all terms that the seller has included in the listing before deciding to purchase.
  2. A seller may cancel an unpaid order if the buyer doesn’t pay or contact them within a reasonable time.
  3. Failure to pay for items is a violation of our abusive buyer policy. All unpaid items are recorded on a buyer’s account. Buyers who have excessive unpaid items, or cancelled transactions, may have limits imposed, or lose their buying privileges.
Managing unpaid items
  1. Sellers may cancel an unpaid order if a buyer hasn’t paid within a reasonable time
  2. Sellers would avoid falsely cancelling orders when the buyer has paid, or they may be subject to suspension
  3. JoyGown will automatically remove feedback left by a buyer who didn’t pay for an item.
Feedback may be removed when:
  1. The seller cancels the order due to the buyer’s failure to pay
  2. The buyer is suspended
Why does JoyGown have this policy?
This policy ensures buyers follow our guidelines on purchasing items to protect sellers and maintain a fair and safe marketplace.
 
Violation of JoyGown user agreement
  1. All JoyGown users must comply with the JoyGown User Agreement.
  2. Everyone registered on JoyGown has agreed to comply with our User Agreement and all other site policies.
  3. Comply with our policies about how they use our site features
A. Members should only use JoyGown site features and processes for their intended purpose.
 
B. Activity that doesn’t follow JoyGown policy could result in a range of actions including for example: administratively ending or cancelling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account suspension. All fees paid or payable concerning listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
 
Conformity and Guarantee

A. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

B. Upon delivery, the Goods will:
– be of satisfactory quality;
– be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
– conform to their description.
 

C. It is not a failure to conform if the failure has its origin in your materials.

D. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
 
How to provide feedback?
We would love to hear from you! Please feel free to contact us, or connect with us via our social media channels.
 
 
 
 
Last Updated: 21-12022