Terms & Conditions Notice
Welcome to Joyshoetique
Joyshoetique ("Joyshoetique," "Joyshoetique.com," "us", "we," "our,"), a service from joyshoetique.com, and its affiliates ("seller," "sellers," "merchant," "merchants," "business," "businesses," "vendor," "vendors") operate as guided by the Terms & Conditions Notice listed hereunder. By visiting us at Joyshoetique.com, you ("your," "user," "users," "buyer," "buyers," "customer," "customers") accept these Terms & Conditions Notice. Please read the terms carefully. When you use any current or future Joyshoetique service (such as your account or profile, gift certificates, your reminder service, etc.) or visit/buy from any business affiliated with Joyshoetique, whether or not included in Joyshoetique, you will be subject to these guidelines. These Terms & Conditions Notice supersede all previous representations, understandings or agreements provided by Joyshoetique. By using Joyshoetique you agree to be bound by these Terms & Conditions Notice. All products or services and information displayed on Joyshoetique constitute an "invitation to offer." Your order of purchases constitutes your "offer," which shall be subject to the Terms & Conditions Notice as listed below. Joyshoetique reserves the right to accept or deny your offer for any reason at any time.
When you visit Joyshoetique or transmit emails, it is understood that you are communicating electronically with Joyshoetique. As a result, you are thus giving your consent to receive electronic communications from Joyshoetique. Our representatives may communicate with you by email or within Joyshoetique platforms. You agree that all notices, disclosures and other communications provided to you electronically meet a legal requirement that such communications must be made in writing.
Your access and use of the website, and/or mobile site, and/or app indicates that you have read, understand, and agree to be bound by these Terms & Conditions Notice, whether or not you are a registered Joyshoetique user, and is subject to your compliance with these Terms & Conditions Notice. Joyshoetique reserves the right to alter, add or remove any portion of the Terms & Conditions Notice at any time without prior notice. Your continued use of the website, and/or mobile site, and/or app constitutes your acceptance of the agreement with all such changes. It is your responsibility to periodically check the website, mobile site or app for any possible changes to the Terms & Conditions Notice. If you do not agree to be subject to these or any future Terms & Conditions Notice, please do not access or use (or continue to access or use) Joyshoetique. In addition, Joyshoetique may post additional terms, conditions, rules or requirements related to the website, mobile site, app, or any of the services provided by those platforms. At its sole discretion, Joyshoetique may also provide other services governed by different Terms & Conditions Notice.
Disclaimer of the Warranties & Limitation of Liability
Joyshoetique offers its services as a matter of convenience. Joyshoetique expressly disclaims any liability resulting from the uploading of any obscene, vulgar or pornographic images, or modifying images available through this service in an obscene manner. Joyshoetique also disclaims all warranties, expressed or implied, including but not limited to implied warranties or merchantability and/or fitness for particular use. Joyshoetique does not warrant that its website, mobile site, application, servers or electronic communications it sends do not contain viruses or harmful content. Joyshoetique will not be liable in the event that the use of its website, mobile site, application, server or electronic communication transmission result in damages, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
Joyshoetique services are provided on an "as is" basis without warranties, whether expressed/implied. Joyshoetique does not warrant or represent maintaining confidentiality of information, although Joyshoetique does regularly make reasonable attempts to ensure maximum confidentiality. It is understood by users that all warranties and after-sales services, expressed or implied, occur directly between vendors and customers as per the terms of the vendor.
Joyshoetique does not endorse in anyways the contents from advertisers on its pages or in other communications. Joyshoetique will not be responsible for any subsequent damages affecting users of its services, website, mobile site or application. Such damages, without limitation, include loss of revenue of data resulting from delays, non-deliveries, missed deliveries, or service interruptions that take place as a result of any act or omission of sellers. This disclaimer of liability applies as well to any damages or injury caused by any failure of performance, omission, error, interruption, defect, deletion, delay in operation or transmission, computer or mobile virus, theft, communication line failure, destruction or alteration of record, or unauthorized access to or use of record, whether from breach of contract, negligence, tortuous behavior or under any other cause of action.
Joyshoetique assumes no liability for monitor or other damage suffered on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of services.
- Any interruption or errors in operation of services. The user expressly understands and agrees that Joyshoetique will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages. These include but are not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Joyshoetique has been made aware of the possibility of such damages).
Users agree that users shall be solely responsible for their conduct and that Joyshoetique reserves the right to terminate access to our service immediately, notwithstanding any penal provisions under Chinese cyber laws or any allied laws enacted by the government of UK or other statutory, legislative ore regulatory authority authorize in this regard periodically. Under no circumstance shall Joyshoetique or its affiliates, consultants, employees, agents, or contracted companies be held responsible for any direct, incidental, indirect, punitive, special, consequential or any other damages at all, without limitation, including damages for loss of use, data, or profits. Such damages include those arising out of or in any way connected to the use of or performance of Joyshoetique’s website, mobile site, application, or services, such as interrupted communications, delays, lost data, or lost profits arising out of or in connection with this agreement. Joyshoetique therefore neither offers more endorses any judgement or warranty and takes no responsibility for the availability or authenticity of nay goods or services, or for any damage, loss, or harm, or consequential violation of international or local laws that may come as a result of your visit to and/or any transaction made on Joyshoetique.
Notwithstanding anything that is contained herein, Joyshoetique serves only as a platform to facilitate transactions between buyers and sellers and is in no way responsible for the quality of products, damages, expenses, losses and/or taxes incurred by users for products. Nor is Joyshoetique responsible if vendors, affiliates, or merchants are not able to service the orders of any user for any reason, or any misrepresentation of any sort by vendors, affiliates, or merchants. In no event shall Joyshoetique, its directors, officials, representatives, or employees be responsible for any damages or claims related to products purchased through its platforms. All prices, unless specified otherwise, are in currency and Joyshoetique reserves the right to enhance currency offerings or limit currency offerings at any time without notice.
Joyshoetique shall not be responsible for any delay or non-delivery of products purchased from sellers due to floods, war, fires, natural disasters, acts of God, or any cause that is beyond Joyshoetique’s control.
The availability of items is subject to change without prior notice and at the sole discretion of Joyshoetique; Orders may be cancelled if any vendor’s product(s) go out of stock. Joyshoetique reserves the right to refuse or cancel orders made for any product that is listed with an inaccurate price that may be higher or lower than the actual price. Cancellations may occur whether or not any order has been confirmed or payment made by credit card, electronic payment, or other means. In the case that Joyshoetique has processed payment, the refund amount shall be credited back to you, and you will be informed of the refund by email.
In the case of credit or debit card transactions, you must use a card that is issued in the name of the Joyshoetique user. Joyshoetique will not be responsible for potential credit or debit card fraud.
Liability for fraudulent credit card, debit card or electronic payment transactions shall lie solely upon the user to "prove otherwise."
Any request for for the cancellation of any order once duly made on the Joyshoetique website, mobile site or application shall be entertained at the sole discretion of Joyshoetique.
In the event a non-delivery takes place as the result of a mistake made by a user (such as providing an incorrect name or address) the burden of any extra cost incurred by Joyshoetique for re-delivery shall be placed upon the user.
It is the responsibility of vendors doing business on Joyshoetique to screen the products they display on Joyshoetique to ensure the products are of the composition, style, quality or model of/in which they are represented on Joyshoetique. All and any additional information regarding a product displayed on Joyshoetique on behalf of the vendor is provided to Joyshoetique by the vendor. Joyshoetique is not liable for any incorrect or inaccurate information regarding a product.
Joyshoetique and its affiliates reserve the right to cancel orders under their sole discretion for any reason. Reasons include but are not limited to the product being out of stock, or for any other reason, without any intimation to the user.
Access to Joyshoetique is abatable only to person who can form legally binding contracts under the Chinese Contract Act. Persons considered to be "incompetent to contract" as defined in the Chinese Contract Act, including minors, un-discharged insolvents, etc., are not eligible to use Joyshoetique. Minors (i.e. persons being under the age of 18 years) are not eligible to register as Joyshoetique users and shall not purchase any of the items displayed on Joyshoetique platforms by vendors. As a minor, if you would like to purchase an item, such purchases must be completed by a parent or legal guardian, who has registered as an Joyshoetique user, or accesses Joyshoetique as a guest. Joyshoetique reserves the right to terminated your registration and deny access to Joyshoetique if we are made aware that a user is under the age of 18 years.
Users agree, undertake and confirm that products purchased by placing an order on all platforms of Joyshoetique are purchased for personal use by Joyshoetique users, their family members, or their friends. Such products are not intended to be re-sold.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by that business entity to accept these Terms & Conditions Notice and that you have the authority to operate under these Terms & Conditions Notice on behalf of that business.
Joyshoetique’s logo that is hosted on Joyshoetique platforms and used in any other locations as part of a communication with users is registered by Joyshoetique and may not be used, communicated or distributed without the possession of express written consent from Joyshoetique.
License & Site Access
Joyshoetique grant users a limited license to access it platforms, and not to download (other than the page caching) or modify it or any portion of it, except in the case the Joyshoetique provides consent for such an action. License does not include any re-sale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these platforms or their contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These platforms or any portion of them may not be reproduced, duplicated, sold, re-sold, copied, visited, or otherwise exploited for any commercial purpose without Joyshoetique’s express written consent. You may not frame or use any framing techniques to enclose any of the trademark, logo, or any proprietary information (including page layout, images, text or form) of Joyshoetique or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" or Joyshoetique’s name or our trademarks without Joyshoetique’s express written consent. Any unauthorized use terminates the permission or license granted by Joyshoetique. You are granted a limited, non-exclusive, and revocable right to create any hyperlink to the Joyshoetique.com homepage as long as the link does not portray the services or products of Joyshoetique or its affiliates in a false, derogatory, misleading, or otherwise offensive matter, or as you having the right to ownership of the same in any form. You may not use our trademark, or any Joyshoetique logo or other proprietary graphic as part of link without express written consent and our acceptance.
Joyshoetique users are solely responsible for maintaining their account’s security, and for restricting access to their digital device. Users also agree to accept sole responsibility for all actives that occur within their account. Joyshoetique does not sell products for children, but it sells the to adults who may purchase the products on behalf of children. Users under the age of 18 may only use Joyshoetique with the involvement of a parent or legal guardian. Joyshoetique and our affiliates reserve the right to cancel any order or service by/to any user at any time Joyshoetique and our affiliates reserve the right to terminate accounts, deny service, alter or remove content, or cancel orders at any time under our sole discretion.
Joyshoetique is associated with all of our vendors for the supply and also service of goods directly to the customers. Joyshoetique platforms serve as marketplaces in which independent merchants' products are sold. After sales service and given warranty for products sold by merchants doing business in Joyshoetique marketplaces, as duly applicable for respective products, will be undertaken and handled by the respective merchants or through individual service centers.
Reviews, Comments, Communications & Other Contents
Users may post reviews, comments, and other content, and submit suggestions, comments, ideas, questions, or any other mentioned information, as long as the content is not illegal, invasive of privacy, threatening, obscene, defamatory, infringing on intellectual property rights, or otherwise injurious or objectionable to any third parties, does not consist or contain any software viruses, political campaigning, mass mailings, commercial solicitation, chain letters, or any form of "spam." Users may not use any false email address, impersonate any person or entity, or otherwise mislead other users.
Joyshoetique monitors content posted by users and reserves the right (but not obligation) to publish and delete content. Users may report any inappropriate content they encounter by emailing Joyshoetique. Necessary action will be taken within 24 hours of the information's receipt. Such action my include deleting content, suspending a user's account, or other appropriate legal actions. Joyshoetique users are subjected to accept EULA (End-User License Agreement) terms and conditions. We reserve the right to take action against any EULA violations.
Users who post content or submit material, until and unless we indicate otherwise, grant Joyshoetique and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, distribute, publish, translate, create derivative works from, and re-display such content in any media. Joyshoetique and its affiliates retain the right to use the name submitted by users in connection with such content, if Joyshoetique and its affiliates so choose. Users represent and also warrant that users own or otherwise control all of the rights to the content that they post, that the content is accurate, that use of the content they supply does not violate any Joyshoetique policies and will not cause injury to any person or entity, and that users will indemnify Joyshoetique and/or its affiliates for all the claims resulting from content that you supply. Joyshoetique also has the right but no obligation to monitor, as well as edit and/or remove any activity or content. Joyshoetique takes no responsibility for the content posted by users or any third party.
Suspension Due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be of use to Joyshoetique, Joyshoetique may at its sole discretion limit user activity by promptly removing the user temporarily or indefinitely, suspending or terminating the user’s membership, and/or denying the user access to Joyshoetique platforms if:
- The users breaches Joyshoetique’s Terms & Conditions Notice at any point in their usage;
- The user submits incomplete, inaccurate, or incorrect information;
- The user makes an attempt to defraud Joyshoetique within its platforms;
- The user’s actions cause harm, damage or loss to Joyshoetique or other Joyshoetique users
Illegal or unauthorized use of Joyshoetique platforms, including any unauthorized framing or linking to Joyshoetique platforms, will be investigated. Such an investigation could lead to the subsequent pursuit of appropriate legal action, which may include but is not limited to, civil, injunctive redress.
Risk of Loss
All Joyshoetique orders are submitted pursuant to our shipment contract. The contract mandates that the risk of loss and also title for such items will be passed to the user upon delivery to the carrier by the vendor.
Joyshoetique and our affiliates aim to be as accurate as possible. However, Joyshoetique does not warrant that product descriptions, prices, given amounts or other content on its platforms is accurate, complete, error-free, and reliable. If a product offered by an affiliate on Joyshoetique platforms is not as described, users’ sole remedy is to return the product in unused/new condition.
The sale price, list prices, offer price, MRP, or MOP displayed for products on our websites, mobile sites or applications represent in full detail the retail price listed on the product itself, and suggested or offered by the manufacturer, supplier or merchant, or estimated in accordance with the standard industry practice and/or an estimation on the retail value based on the price of a comparable item offered elsewhere. The sale price, list price, offer price, MRP, or MOP is a comparative price estimate and may or may not represent the prevailing price in every area on any given day. For certain products that are offered as a set, pack, combo or arrangement, sale price or list price may represent an "open-stock" price, which is determined by the aggregate of manufacturers' price estimations or a suggested retail price for each of the items included in the set, pack, combo, or arrangement. Final price will be applicable to the user’s purchase and the required payment will be that which is shown in the customer’s shopping cart. This price may or may not include any other charges in the Joyshoetique Terms & Conditions Notice.
Statutory taxes: In the event of any applicable taxes being levied on the seller, the seller shall be responsible for meeting all of the statutory obligations toward the same, which inter-alia, include the deposit of all applicable taxes and any of the short taxes collected from the customer with authority of government.
Material Submitted by Users
Certain sections of Joyshoetique platforms will contain material submitted by users. Joyshoetique accepts no responsibility for the accuracy, nature, or conformity to applicable laws of any of such material.
Portions of Joyshoetique platforms contain advertising or other materials submitted to Joyshoetique by third parties. The Responsibility to ensure the materials submitted for inclusion on Joyshoetique platforms comply with applicable international and national law is the sole responsibility of advertisers and other content providers. Joyshoetique will not be liable for any of the claims, errors, or inaccuracies in the advertising material. Joyshoetique reserves the right to omit, or modify the position of any advertising material submitted for inclusion. The approval of advertisements on Joyshoetique will be subject to Joyshoetique's Terms & Conditions Notice, which are available by request.
Users shall indemnify and hold harmless Joyshoetique and its affiliates, third parties, subsidiaries, respective officers, employees, directors, and agents from any claim, demand, actions, or penalties, including the attorneys' fees, made by any third party due to your breach of the User Agreement, Terms & Conditions Notice, rules, regulations or rights of the third party.
User Feedback and Content Submissions
Joyshoetique welcomes user feedback. In the event a user emails us or posts or embeds their comments, messages, feedback, creative or original concepts or ideas, content, data, text, photographs, graphics, or any confidential, proprietary or other information ("submission"), users represent and warrant to Joyshoetique that the user either owns the submission or has the right to grant Joyshoetique the license described below. Joyshoetique does not claim to own any such submission, only the right you have licensed to Joyshoetique.
Users agree that in making a submission, Joyshoetique shall not be required to compensate users for any such license or submission, that any such submission shall not be considered confidential or non-public once submitted to Joyshoetique, and that Joyshoetique alone is free to decide whether or not to post or use the submission. In the event a submission is used by Joyshoetique, the user acknowledges and agrees that the submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a submission to Joyshoetique, the user: (a) agrees not to make any submission that violates Joyshoetique's Terms & Conditions Notice in any way; (b) automatically grants Joyshoetique a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the submission, and exercise all copyright, publicity and other rights with respect to any such submission; (c) is subject to existing laws and waive any moral rights you or your licensors have in any such submission; and (d) agrees to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of the user making any submission. The user also grants each Joyshoetique user a perpetual, worldwide, non-exclusive license to access the submission, and to use, reproduce, collect, distribute, share, display the aforementioned submission as permitted by Joyshoetique under these Terms & Conditions Notice.
Joyshoetique reserves the right to remove content at any time with or without notice. Inappropriate materials are not permitted on Joyshoetique’s platforms and will be removed.
1. As per our guidelines, Joyshoetique is permitted to send promotional or informational SMS to registered users at the following times:
- When a user registers for Joyshoetique
- Within 6 months of the time when a customer makes a valid order
2. In concurrence with guidelines, Joyshoetique will:
- Keep customers notified of the required procedure to opt-in and opt-out of SMS promotions on a periodic basis;
- Obtain current approval from users to continue receiving such information every 6 months;
- Refrain from sending obscene, unauthorized content that is against the public interest, national security or law of the land, or infringes any copyright or intellectual property right;
- Intimate to the user no less than once every 30 days the required means to opt-out from receiving communications;
- Provide all necessary details regarding the procedure to opt-out from receiving such communications in every advertisement where-in opt-in procedure is published by media;
- Keep record of requests made by subscribers for receiving such communications for at least 3 months and provide such record as and when required by authority;
Joyshoetique shall have no liability to users for any interruption or delay in the access to its platforms, irrespective of any cause.
If any dispute arises between a user and Joyshoetique regarding validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and/or Terms & Conditions Notice, the dispute shall first be referred to a sole arbitrator who shall be a neutral third party identified by Joyshoetique.
Joyshoetique platforms are created and managed by Joyshoetique. The laws of UK shall apply to all Terms & Conditions Notice and disclaimers. Joyshoetique reserves the right to modify the Terms & Conditions Notice and disclaimers at any time, without any advance notice to Joyshoetique users. Joyshoetique recommends that users regularly check for changes or updates to the Terms & Conditions Notice contained herein.
Sales, Customs and Value-Added Taxes
In an attempt to remain compliant with respective consumer legislation, Joyshoetique strongly recommends our users maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
As a result of separate and applicable tax jurisdictions, the end customers' purchases may be subject to specific sales, custom or VAT, and the shipping time and associated cost may increase.
These Terms & Conditions Notice constitute an entire agreement between parties with respect to subject matter hereof and supersede and replace all prior or contemporaneous written or oral understandings, agreements, or subject matter. Clauses shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You agree, undertake, and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, relates to pedophilia, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- causes harm to minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law in force;
- deceives or misleads addressees about the origin of any such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates others;
- contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any digital device;
- Threatens unity, security integrity, friendly relations with foreign states, defense, or public order, or causes incitement to commission of any cognizable offense, prevents investigation of any offense, or is insulting to any other nation.