Terms and Conditions Jimmy Joy

If you purchase any of our products such as shakes and bars via the website of Jimmy Joy Australasia (www.au.jimmyjoy.com), then these terms and conditions apply. 

These terms and conditions apply from [1-1-2020] and replace all previous agreements about the orders and deliveries of products via the website of Jimmy Joy.

Summary

  • We accept the following means of payment: Paypal, Mastercard, Visa, Credit Card, and bank transfers.
  • We deliver the products by using regular parcel delivery services or same-day delivery services. We strive to deliver the ordered products within the term as indicated on the website, but in any case no later than 30 working days after the receipt of your payment. Please read the website to learn about the most current estimated delivery times.
  • The time to reconsider your purchase of 14 days (your right of withdrawal) cannot be exercised if you have opened the packaging of the products. This also applies to products which you have mixed with other goods such as powders.
  • In case of product non-compliance, the product shall be replaced without any costs attached. No additional guarantees apply.
  • If you have any complaints or questions, you can send our customer care service an e-mail via love@jimmyjoy.com.
  • As part of the ordering process, we process your personal data. These processing activities have been described in our privacy policy. Learn more about this policy via https://au.jimmyjoy.com/privacy.

Definitions

The terms used in these Terms and Conditions shall have the following meaning:

    Term:

    DESCRIPTION:

    Bar(s)

    The bars sold by Jimmy Joy via the Website, indicated with the name “Twenny Bar” or other names.

    Order

    One-time Orders and Subscriptions on Products.

    Consumer / You(r)

    Any natural person older than 18 who is acting for purposes which are outside his trade, business, craft or profession, with the exception of pregnant persons and persons who breastfeed.

    One-time Order

    The Agreement that obliges Jimmy Joy to provide one or more Products to Consumer as part of a once only purchase.

    Holiday Day

    Official holidays as specified here:

    http://www.business.vic.gov.au/victorian-public-holidays-and-daylight-saving/victorian-public-holidays 

    Jimmy Joy / we / us / our

    The trader, a company organized under Dutch law with its principal place of business in Amsterdam at the (1013 BE) Archangelkade 17D.

    VWPL

    Vellara White Pty Ltd. The Australasia re-distributor for Jimmy Joy products, an Australian company, that sells Products via the Website to Consumers in Australia and New Zealand.

    Delivery Time

    The indicated and expected (ETA) delivery time indicated on the Website next to the Products concerned, also 20 Working Days at the latest after receipt of your payment in relation to an Order.

    Subscription

    The Agreement that obliges Jimmy Joy to provide Products be a chosen frequency to Consumer

    Agreement

    The purchase agreement as agreed upon between Jimmy Joy and Consumer as part of the organized distance sales scheme via the Website with regard to one or more Products to which these Terms apply.

    Product(s)

    The Products traded by Jimmy Joy via the Website, such as Shakes and Bars.

    Shake(s)

    The meals that Jimmy Joy sells via the Website, indicated by the names “Plenny Shake” or other names.

    Terms

    These Terms which contain the agreements between Consumer and Jimmy Joy, including appendices.

    Website

    The Website of Jimmy Joy, available at: www.au.jimmyjoy.com.

    Working Day

    De days Monday to Friday, except Holiday Days.

    Identity trader and contact details

    The Products are offered by the trader Jimmy Joy and redistributed in Australasia by Vellara White Pty Ltd. More information:

      Legal name

      itizi B.V.

      Trade name

      Jimmy Joy

      Location and visiting address

      Archangelkade 17d in (1013 BE) Amsterdam, The Netherlands

      E-mail address

      love@jimmyjoy.com

      Vat-number

      NL856211448B01

      Dutch Chamber of Commerce no.

      65679083

      Distributor Entity Name

      Vellara White Pty Ltd

      Entity Type

      Australian Private company

      ABN

      76 629 931 022

      Main business location

      VIC 3101

      Products

        Only for adults, not for pregnant people or those who breastfeed:

        1. These Products are developed and produced for the use by adults. This means that persons younger than 18 years are not allowed to place an order. This also applies to people who are pregnant or those who give breastfeeding.
        2. Always consult a qualified doctor if you are in doubt about whether or not you may consume the Products.

          Characteristics

          1. Always read the packaging of the Products to gain knowledge of the ingredients used in the Products. As a general description, the following information applies as stipulated in articles 3.4 – 3.6 below.
          2. The Products are ready for consumption and are made of – with regard to the Shakes – a composition of oatmeal, soy flour, whey, maltodextrin, ground linseed and a mixture of vitamins and minerals. With regard to the meals, we respect the recommended daily allowances with regard to both the macronutrients and micronutrients for a person of 18 years and older, based on the guidelines as described in EU Regulation 1169/2011. The Products are composed of natural products (such as oats, soy, and linseed) to provide you with all necessary nutrients.
          3. The Bars are typically made of oats, soy, coconut oil and milk powder. Next, to this, we added a mixture of 27 vitamins and minerals.
          4. In general, one bag Shake equals three meals. This means that if you order 15 meals, you will receive 5 bags of Shakes. The Shakes have a durability date of approximately one year, as long as the Shake has been kept in a cool, dry place and also preferably in a dark place. Please be advised that if you have opened a Product, then you cannot use your right of withdrawal. Read more about this under the header “no right of withdrawal after opening or mixing.”

            Allergy information

            Always read the packaging of the Products to gain knowledge about any information in relation to allergies. In general, the following applies. The Products may contain whey protein concentrate. This contains small amounts of cow milk, lactose and soy lecithin. The Products also contain soy flour. This contains soy protein. The Products also contain oatmeal. The Products also contain gluten.

              Instructions

              1. Always read the instructions as indicated on the packaging on the Products before use.
              2. In general, the following applies with regard to Shakes. After you opened the Product, you add the powder of the Products in one mix cup: one portion of a Product weighs approximately 173 grams (or 3,5 scoops). You mix this with 500 milliliters of water. After you closed the cap of the mix up, you mix the powder with the water and the result will be ready to drink.

                Price

                1. The total price of the Products, including GST, and all additional freight, delivery or postal charges and, where applicable, other costs are visible during the ordering process on the Website. The manner in which the price is to be calculated is also visible during the ordering process on the Website.
                2. In case of a Subscription, the total price includes the total costs for the chosen frequency billing period.

                  Offer and acceptance, payments, deliveries

                  1. You can order a Product with us via the Website. By following the ordering process you will be informed about the information you have provided to us prior to your definitive placement of an Order. If needed, you can adjust Orders without having to restart the whole ordering process. The ordering process can be followed in the Dutch or English language.
                  2. The ordering process of Jimmy Joy via the Website has been designed in such a way that a Consumer can only accept an offer after it has been made clear to him or her that the placement of an order constitutes an order with the obligation to pay. The acceptance of the Agreement by Consumer takes place by him or her clicking on a button or a similar option.
                  3. The Delivery Time may vary. Please inform yourself about the most current Delivery Time on the Website. The Delivery Time has a maximum of 30 Working Days and starts when the payment of your Order has been received by us.
                  4. If the Order has been received by us, then you will get an e-mail containing an order confirmation message. After this, you will receive a track and trace code, which allows you to keep track of the delivery of your Order. If the Product cannot be delivered, has been rejected by you or has not been claimed by you – and this is not due to the delivery service, Jimmy Joy Australasia or the Product itself – then you will have to bear the following costs: Costs related to the sending of the original delivery and the costs for returning the Products; Where applicable, levies, taxes and/or customs fees made in relation to the original shipment containing the Products and these costs for returning the Products.
                  5. You agree that if you choose to deliver your Order at an address which does not belong to you, for example, your neighbors’ address, you will bear the risk of a correct delivery of the Products the moment that the Products have been delivered on that particular address.
                  6. If Jimmy Joy does not deliver the Order within 30 Working Days, and the right of withdrawal applies (see article 8 of the Terms), then Consumer is allowed to terminate the Agreement before the moment of Delivery. If no right of withdrawal applies, then you agree that you will give us one last chance to deliver the Products. If Jimmy Joy does not deliver after this last chance, then you are allowed to terminate the Agreement. In that case, Jimmy Joy will reimburse all payments you have made to us in relation to the Order by using the same means of payment as you used for the initial transaction. This also applies if Jimmy Joy has informed you that it cannot or shall not deliver.

                  Deliveries

                    Shipping costs

                    1. The shipping costs vary per country where the Products are going to be delivered. The shipping costs are whole to be paid by Consumer and will be communicated to Consumer during the ordering process via the Website.
                    2. It is important to know that countries may apply certain import levies, taxes and/or customs fees. These costs are, dependent on the delivery service, wholly to be paid by you. Jimmy Joy and/or VWPL is not able to calculate in advance the exact amount of import levies, taxes, and customs fees because these costs are linked to the weight of the Products that have to be delivered.

                      Deliveries to the United States of America

                      The Sport variant of the Shakes cannot be delivered to the United States of America.

                        Subscription

                        1. If you choose to subscribe, you will receive the ordered Products per chosen frequency. You determine the duration of this subscription. The applicable prices are indicated on the Website as part of the ordering process.
                        2. Subscriptions can only be paid with a credit card. Discounts only apply to the Products on your first Order, not to subsequent Products as part of the Subscription.
                        3. Jimmy Joy will send you an e-mail containing a reminder about its ability to charge you in connection with the delivery of Products, ultimately 14 Working Days before the end of each month.
                        4. You can stop or postpone (‘pause’) the Subscription at any time and with immediate effect. There is no mandatory minimum term linked to the Subscription. If we have not received a message from you about stopping or postponing the subscription, then the Subscription will continue.

                          Change of Terms regarding Subscriptions

                          1. Consumer and Jimmy Joy agree that the Terms may be changed by Jimmy Joy during a Subscription. These changed Terms will be offered to Consumer by e-mail.
                          2. Consumer can either accept or decline the changed Terms. When Consumer declines, he will be relieved from his obligations in relation to the Agreement to purchase the Product in the Subscription based on the old Terms.

                            Time to reconsider (right of withdrawal)

                            You have the right to withdraw the Agreement within a term of 14 calendar days without stating any reason. This is the right of withdrawal. This time to reconsider as described in the law expires 14 days after the day:
                              • on which you acquire, or a third party other than the delivery service and indicated by you acquires, physical possession of the (last) Products. This applies when you ordered one Product or multiple Products which are going to be delivered separately, or:
                              • on which you acquire, or a third party other than the delivery service and indicated by you acquires, physical possession of the first Product. This applies when you buy a subscription, which is a contract for regular delivery of Products during a defined period of time.
                              • In order to exercise your right of withdrawal, you have to inform us – Jimmy Joy, the tradename of itizi B.V., a company organized under Dutch law with its principal place of business at the Archangelkade 17d in (1013 BE) Amsterdam, The Netherlands – in an unequivocal statement (e.g. by regular mail or e-mail: love@jimmyjoy.com) about your decision to exercise your right to withdraw the Agreement. You can use the attached model form (annex I) for withdrawal. You are not obliged to use this model form. You can also choose other means, as long as it is clear to Jimmy Joy that you decided to withdraw from the Agreement.
                              • To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
                              • If you withdraw from the Agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.

                                We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

                                1. You shall send back the Products or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the Agreement. The deadline is met if you send back the Products before the period of 14 days has expired.
                                2. You will have to bear the direct costs of returning the Products. If the Products cannot normally be returned by post, then you will also have to bear the direct cost of returning the Products. These costs are estimated at a maximum of approximately 100.00 AUD, dependent on the weight of the shipment. If you contact us, then we can check how you can return the Products in the most cost-efficient way.
                                3. You shall only be liable for any diminished value of the Products resulting from the handling of the Products other than what is necessary to establish the nature, characteristics, and functioning of the Products.
                                4. You will receive an acknowledgment of receipt by e-mail from Jimmy Joy, which will be sent to your e-mail address known to us, with regard to your message about your decision to withdraw from the Agreement.
                                5. The burden of proof of exercising the right of withdrawal in accordance with this chapter (article 8) shall be on Consumer.

                                  Reconsidering in time and returning Products

                                  1. As follows from the previous articles, Consumer is allowed to withdraw from the Agreement until the end of the 14

                                    th day. If this 14th day takes place in the weekend (Saturday and Sunday) or on a Holiday Day, then the time to reconsider as described by law regarding the right of withdrawal ends on the first following Working Day.
                                  2. You may withdraw from the Agreement before the Product has been delivered.
                                  3. After exercising your right of withdrawal, you will have an additional 14 days to send the concerning Products back to us.

                                    No right of withdrawal after opening or mixing

                                    1. You cannot exercise the right of withdrawal if the delivered Products are: liable to deteriorate or expire rapidly; not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; or are, after delivery, inseparably mixed with other items. That is why you cannot exercise the right of withdrawal if:
                                      • The Product has been opened or the packaging has been broken since the Product is then liable to deteriorate or rapid expiration. In addition, there is a health protection risk once the Product goes bad which is another reason why the right of withdrawal cannot be invoked.
                                      • The Product is mixed with other items, such as other powders, mixtures or fluids.
                                    2. Following from the previous article, only unopened Products are suitable for return based on your right of withdrawal. Naturally, you can annul the Agreement in case of product non-compliance. Read more about this under the header “conformity and guarantees”.

                                      Other obligations

                                      1. Jimmy Joy shall reimburse all payments received from Consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which Jimmy Joy is informed of Consumer’s decision to annul the Agreement.
                                      2. Jimmy Joy shall carry out the reimbursement referred to in article 10.1 using the same means of payment as Consumer used for the initial transaction, e.g. a coupon if Consumer paid with a coupon unless Consumer has expressly agreed otherwise and provided that Consumer does not incur any fees as a result of such reimbursement.
                                      3. Notwithstanding article 10.1, Jimmy Joy shall not be required to reimburse the supplementary costs, if Consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Jimmy Joy.
                                      4. Jimmy Joy may withhold the reimbursement until he has received the Products back, or until Consumer has supplied evidence of having sent back the Products, whichever is the earliest.
                                      5. Also in the event where Consumer sends back a part of the total Order, Consumer bears the costs related to this return delivery.

                                        Conformity and guarantees

                                        1. Jimmy Joy reminds you of the legal safeguard concerning the guarantee of conformity which means that the Product must not have any lack of conformity. This means that you may expect a quality product from Jimmy Joy. For example, a Bar must be suitable for consumption and/or a Shake powder mixed with water should be ready to consume.
                                        2. If a Product lacks conformity, then Jimmy Joy will replace the Product without any costs attached. During the first half year after the Order, Jimmy Joy is allowed to refrain from replacements if the non-conformity is the result of an act by Consumer. After half a year Consumer bears the burden of proof to provide evidence that the non-conformity is not his fault.
                                        3. Jimmy Joy does not provide any additional, commercial, guarantees with regard to the Products. For example with regard to the taste or the effects on your physical condition.

                                          Privacy policy

                                          Jimmy Joy processes your personal data if you place an Order or use the Website. The privacy policy of Jimmy Joy applies to these processing activities. This policy can be read here: https://jimmyjoy.com/privacy.

                                            Customer care

                                            1. Jimmy Joy’s customer care service is available via the contact details on the Website: https://jimmyjoy.com/nl/contact. Using these contact details you can ask questions and/or file complaints about Products and/or Jimmy Joy.
                                            2. If you have questions or complaints about Products and/or Jimmy Joy, then you are welcome to visit us during office hours (09.00 AM – 17.00 PM), as long as you have announced your visit to us in advance by email.

                                              Duration of the Agreement

                                              1. Every Agreement to which these Terms apply ends by operation of law if the Products concerning an Order do not lack conformity and have been delivered in time to Consumer at the address indicated by Consumer.
                                              2. In case of a Subscription, the Agreement ends the moment you stop the subscription linked to the Subscription. You can stop the Subscription at any time or postpone (‘pause’) this subscription by sending an e-mail to Jimmy Joy: love@jimmyjoy.com.

                                                Applicable law and online dispute resolution

                                                1. The Agreements between Consumer and Jimmy Joy to which these Terms apply are governed by Dutch law.
                                                2. Consumer is allowed to file a complaint with regard to an Order with the dispute commission via the European Online Dispute Resolution (ODR) Platform: http://ec.europa.eu/consumers/odr/.
                                                3. In case of any conflict between articles of the Dutch version of the Terms and articles of the English version of the Terms, the articles of the Dutch version prevail.

                                                ***



                                                 

                                                Appendix I: Model withdrawal form

                                                To: Jimmy Joy, a trade name of itizi B.V., a company organized under Dutch law with its principal place of business at the Archangelkade 17d in (1013 BE) Amsterdam, The Netherlands, registered with the Dutch Chamber of Commerce under no. 65679083, available via the e-mail address that can be found on https://jimmyjoy.com/nl/contact.

                                                I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following Product(s) (*)

                                                Ordered (*)/Received on (*) <DD-MM-YYYY>:

                                                Order number:

                                                Name/Names Consumer(s):

                                                Address Consumer(s):

                                                Signature of Consumer(s):

                                                (only if this form is notified on paper)

                                                Date <DD-MM-YYYY>:

                                                (*) Delete as appropriate.