Terms and Conditions of Sale US

1. Introduction

a. About us and our product

We are Joonbyrd Limited (we, us or our), a company registered in England & Wales under the registration number 13863516. Our registered office is 128 City Road, London, England, EC1V 2NX.

We operate the website www.joonbyrd.com/en-us. You can purchase products from us via the Website. Doing so will form a legal agreement between you and us (please see Section 2) for more information).

We may make our products available via third-party stores such as (but not limited to) high street shops, department stores, and/or online retailers. If you purchase our products from any store or platform that is not the website, you will have a separate legal agreement between you and that third party. If this is the case, please refer to that agreement or ask the relevant third party for more information.

b. How to contact us

We would be delighted to help you in any way we can. Whether you have a question about the Website, one of our products, or a concern, you may contact us via one (or more) of the ways set out here.

c. About you

When we refer to “you”, we are referring to you: the individual that buys our products via the Website.

When you buy products via the Website, you are confirming to us that you are 18 or older. If you are younger than the age of 18, please do not buy products from us. 

2. Our agreement

a. Terms and Conditions of Sale

These Terms and Conditions of Sale (Terms) will apply whenever you order any product from us. By ordering, you agree to be legally bound by these Terms.

It is important to read the Terms in full. We suggest that you print a copy for your reference.

The Terms you are reading now were updated in November 6th 2024.

We reserve the right to change or modify these Terms at any time.

When you purchase a product, these changes will not be retrospective. In other words, if you buy something from us, the Terms in force at the time will apply to your purchase. It will therefore be your responsibility to check these Terms each time you purchase a product from us.

The Terms may have changed since you last reviewed them, or when you last ordered a product from us. Please contact us if you do not have a historical copy of the Terms to hand. We would be happy to provide a copy to you.

b. Privacy Policy

We also ask that you read our Privacy Policy. The Privacy Policy sets out how we process the personal data that you provide to us.

3. The order process, pricing, and payment

a. Order process

To place an order for our products (and different delivery options, where applicable), follow the prompts on the relevant Website page.

You may create a profile with us on the Website, to help manage your orders and to save your details for later. But you do not need an account to purchase a product, except where you enroll in the Subscription Programme (see Section 4 below).

You may review or amend your order for our products up until you select the ‘Pay by card’ button (or another equivalent button depending on your payment method) in respect of the relevant products you have ordered. Once you select that button, and your payment is processed, you will be submitting an offer to us for the purchase of the products you have selected.

We only accept orders once we've checked them: We will email you to confirm we've received your order, and contact you again when we dispatch or supply our products.

At the point where we dispatch your product, a binding legal contract will be formed between you and us. The language of that contract shall be English.

Sometimes we reject orders: This might happen, for example, because a product is unexpectedly out of stock, because the product was mispriced by us (see Section 3(b) below), or because we do not deliver to your country of residence. When this happens, we let you know as soon as possible and refund any sums you have paid.

We do not accept bulk orders (over 10 items of the same product(s)).

Please note, when you order products from us via the Website, these are not for resale or distribution. We reserve the right to reject your order where we reasonably believe that you are making any of our products available for resale or distribution without us agreeing that you can do so.

b. Pricing

We believe our products are a great value, but we do adjust our prices from time to time to reflect our costs. We can do this at any time, but once we have accepted your order the price indicated at the time you submitted it is the price you will pay.

That said, we have a lot of products, and sometimes mistakes do happen when we upload the price to our Website.

If we notice this before accepting your order (see Section 3(a) above), we will notify you via email as soon as we can. We will let you know the correct price and let you make a choice to (a) reconfirm your order for our products, or (b) reject it. If you reject it, we will not take payment for the order or refund you what you have paid if we have. That said, we are not under any obligation to accept an order for the wrong price.

If we notice this after accepting your order, we have the right to cancel your order prior to delivery if the pricing was obviously wrong and we made an honest mistake.

Subsequent changes in price: We are not under any obligation to refund you the difference of your products (whether on sale or not) if we choose to lower prices after we have accepted your order.

c. Payment and delivery charges

We charge you when you order: The payment card you used to purchase products will be charged at the point you submit your order to us (see Section 3(a) above).

The payment cards we accept are all major debit or credit cards including Visa, Mastercard, and American Express, as well as Google Pay, Apple Pay, Shop Pay and Union Pay.

If your payment provider does not authorize your payment to us, we will not accept your order. We are not responsible for any fees you may incur as a result of us processing your payment for an order at your request, which is subsequently declined. 

However, for some products we take payment at regular intervals, as explained to you during the order process. You will own any products you buy once we have received payment for them in full. VAT: We charge sales tax, value added tax (VAT), or similar tax on our products  (collectively, “Sales and VAT Tax”). All our prices include VAT; in the US and other jurisdictions, the price displayed may not include the sales or similar tax which will be levied prior to checkout. Our VAT number is 408 0065 31.

We pass on increases in VAT: If the rate of Sales and VAT Tax changes between your order date and the date we supply the product, we adjust the rate of Sales and VAT Tax that you pay, unless you have already paid in full before the change in the rate of Sales and VAT Tax takes effect.

Delivery charges: The delivery charges you may have to pay (or may choose to pay, if you wish to purchase premium delivery, if available), depending on your location, are indicated at the time you place an order and are summarized here.

We dispatch orders from the United Kingdom.

4. Subscriptions

This Section 4 applies to you if you have purchased a Product Subscription (Subscription Program). These terms and conditions will form the binding agreement between you and us when you do so (Subscription Terms). If you do not or have not purchased a subscription, you do not need to read this Section 4.

To subscribe to the Subscription Program, you must be at least 18 and have a valid email address. You need to create a profile with us on the Website to manage to enroll in the Subscription Program and to manage your subscription.

The Subscription Terms may change, and we reserve the right to do so at any time.

We will provide notice of any changes to the Subscription Terms to you via the email you provided to us when purchasing the Subscription      (or any time after that, by updating the contact details you have previously provided to us). We will give you enough time to cancel the Subscription Program, if you wish to do so. If you do not cancel the Subscription Program, your continued payment will be taken by us to mean that you agree to the revised Terms.

We also reserve the right to suspend or cancel the Subscription Program at any time, for any reason, but we will provide you with sufficient notice that we are doing this. If we do so, we will refund      you any payments you have made for Subscription Products that have not been dispatched to you.

a. Order process

To place an order (which will constitute an offer to us for the provision of goods to you) to enter into the Subscription Program, follow the onscreen prompts on the Website to enter your personal details, your delivery information, and payment details. We will review your details and follow up via email to confirm your order and to confirm that we have accepted it. Once we have sent this email to you, a legally binding agreement will be in place between you and us for the period of your subscription.

Further information can be found in Section 4(b) below. 

You may choose to cancel your subscription by following the onscreen prompts on the Website or by contacting us.

b. Charges and payment

By entering into the Subscription Program, you will be paying an initial fee for your first subscription and a recurring charge at the then-applicable subscription rate as per your selected payment frequency on the same calendar day (or nearest calendar day, in the case of shorter months) thereafter for the length of your subscription. The initial fee and recurring charges include delivery charges.

We may increase the subscription rate at any time, but we will let you know before those changes take effect and give you the opportunity to cancel your enrollment in the Subscription Program.

We accept the following payment cards in respect of your payment to enter into the Subscription Program: all major debit and credit cards.

If your payment fails while you are still enrolled in the Subscription Program, we will try to take payment from the payment card you have provided to us up to a maximum of [4] times. We will let you know if this is the case. If the payment continues to fail after this point, and you have not provided an updated payment method by the time we need to take payment to ensure your subscription is delivered, we will cancel your enrollment in the Subscription Program and consequently your agreement with us.

c. Billing information

You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Joonbyrd if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in account settings. If you fail to provide Joonbyrd any of the foregoing information, you agree that Joonbyrd may continue charging you for any use of the subscription under your billing account unless you have terminated your subscription for the website (confirmed by you in writing upon request by Joonbyrd).    

d. Payment method

The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

e. Reaffirmation of authorization

Your non-termination or continued use of the Website reaffirms that Joonbyrd is authorized to charge your payment method. Joonbyrd may submit those charges for payment and you will be responsible for such charges. This does not waive Joonbyrd's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the subscription.

f. Subscription Program delivery

The terms and conditions set out in Section 6 will apply to the delivery of a subscription, save that we will only deliver subscription products to addresses in the United States and United Kingdom, Isle of Man or the Channel Islands.

g. Rejection

You have legal rights to cancel your enrollment into the Subscription Program. Please see Section 7 (Cancellations, returns, and refunds) below for more information.

5. Promo Codes

We love giving our customers discounts, and we give out promotional codes (a Promo Code) that can entitle you to a discount or a better deal.

Before you checkout and place your order with us, there is a box in which you can enter your Promo Code. These are space and case sensitive.

When we give out a Promo Code (either directly to you, or where you obtained it from somewhere else online), there can sometimes be limitations on what you can use it for. For example, a 10% discount Promo Code may not work for certain products, and so on.

Our current list of live Promo Codes is below.      

1. 15% Off Welcome Code: To receive the discount, customers must sign up for the Joonbyrd newsletter. The discount code is valid for one order on Joonbyrd.com and cannot be used in conjunction with other offers. Discount excludes product bundles.
2. Affiliate 15% Code: To receive the discount, you must be associated with our Affiliate Program here.
3. Second purchase 10% off code: to receive the discount, customers must have purchased once on joonbyrd.com. The discount code is valid for one order on Joonbyrd.com on orders £60 or over and cannot be used in conjunction with other offers. Discount excludes product bundles. Discount is valid for two weeks from email delivery.
4. Third purchase gift code: to receive the discount, customers must have purchased twice on joonbyrd.com. The free gift code is valid for one order on Joonbyrd.com on orders £60 or over and cannot be used in conjunction with other offers. Discount excludes product bundles. Discount is valid for two weeks from email delivery.
5. Fourth purchase 15% off code: to receive the discount, customers must have purchased three times on joonbyrd.com. The discount code is valid for one order on Joonbyrd.com on orders £60 or over and cannot be used in conjunction with other offers. Discount excludes product bundles. Discount is valid for two weeks from email delivery.

You can contact us at any time if you want to discuss how you can use a Promo Code.

6. Delivery

We currently only deliver to the UK, the Isle of Man, and the Channel Islands.

Once we have confirmed your order, we will work as quickly as we can to get it to you. Typically we dispatch orders   within the same day if you order before 3PM Greenwich Mean Time time on a working day (Monday – Friday) but no later than 4 working days from the date that we confirmed your order. We aim to get all orders out the door within 24 hours.

If we are unable to dispatch a product within that period, we will email you. Where possible, we will provide you with a revised estimated delivery date. Where we need to do this, we will give you the opportunity to cancel your order and receive a refund for the product(s) affected by the delay.

Order tracking: You can track your order by following the relevant link in our dispatch confirmation email to you.

Please note that while delivery tracking is meant to assist you, it may not be accurate. So there may be occasions where a product is at a certain stage of delivery, when it isn’t, because the tracker hasn’t been updated yet.

We're not responsible for delays outside of our control: If our supply of your product is delayed by an event outside our control, such as strikes or industrial action, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us to end the contract and receive a refund for any products you have paid for in advance, but not received.

Your products will be delivered to the address set out in your order: If your delivery address is incorrect, please let us know as soon as possible and we will do what we can to help. But we do not have to give a refund to you if you give us an incorrect delivery address.

We also do not accept liability if you fail to collect your order from the address you gave us, or if you requested that it      be left in a ‘safe place’ or with a neighbour.

Products are ‘delivered’ once they have been left at the address specified by you or at your chosen safe place.

We do not accept orders that are to be delivered to parcel forwarding companies.

Ownership and non-delivery: We retain responsibility for (and ownership of) any products you have purchased until they have been delivered to the relevant delivered address. Once it has been delivered, the responsibility for (and ownership of) the products is yours.

If a product is unable to be delivered, for example, because the delivery driver could not reach your address safely, it will be returned to our warehouse. We will let you know if this happens. If it does, we will refund you for the products that were unable to be delivered.

7. Cancellations, returns, and refunds

You have a legal right to change your mind and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind about an order for:

• Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• Gift cards;
• Products that are made to your specifications or are clearly personalized; and
• Goods which become mixed inseparably with other items after their delivery.

More detail about this can be found in our Returns Policy here .

If you want to change your mind, you must let us know no later than 28 days after:

• The day we deliver your product, If the products are for regular delivery you can only change your mind after the first delivery. If the products under a single order are split into several deliveries over different days, the period runs from the day after the last delivery; and
• The day we first deliver a subscription product to you, if you have enrolled in the Subscription Program.

To let us know you want to change your mind: Contact us (or, in relation to the Subscription Program, turn off auto-renewal). Section 1(b) of these Terms sets out how you can do that.

You can also use our model cancellation form, if you wish (but it is not required). A template for your use is available here.

Returning your product: A product (and any free gifts provided with it) must be returned to us within 14 days of you telling us you have changed your mind. To initiate the free returns process, please reach out to The JOY Hub at customercare@joonbyrd.com.

To return the product(s), you must send the product back to us. You should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the product at all or within a reasonable time we won't refund you the price.

For help with returns, including our collection arrangements for products which can't be posted, contact us.

We reduce your refund if you have used or damaged a product: In respect of some of the products we may sell from time to time, if you handle these in a way which would not be acceptable in-store, we reduce your refund to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Contact us, and we can advise you on whether we're likely to reduce your refund.

Please note that, as above, where our products are sealed for hygiene purposes and the packing has been opened when you return the product to us, we would not reduce your refund. Instead we would not refund you, in accordance with this Section 7.

We do not accept part returns: If you purchased an item as part of a bundle, you would need to return every item contained in that bundle to obtain a refund.

When and how we refund you: If your product has not been delivered or if we are collecting it from you, we will refund you as soon as possible and within 28 days. If you're sending a product back to us, we will refund you within 14 days of receiving the product back from you (or receiving evidence you've sent the product to us). We will refund you by the method you used for payment. We do not charge a fee for a refund.

You have rights if there is something wrong with your product: If you think there is something wrong with your product, you must contact us. We have a legal obligation to you with products that are as described to you on the Website and that otherwise meet all the other legal requirements imposed on us by law.

Nothing in these Terms goes against our legal obligations to you.

While we work very hard to make sure this is not the case, if any of our products are faulty or have other issues, you may obtain a refund once you return the item to us by post (see Section 6 above).

8. Our limits on your compensation if you lose out

We are responsible for any losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the relevant steps set out in Section 6 above.
• Something you could have avoided by taking reasonable action.
• A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

Your options for resolving disputes or issues with us

a. Our Complaints Policy

If you contact us, we will do our best to resolve any problems you have with us or our products as per our Complaints Policy.

b. Court

These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

10. Other important terms apply to our contract

a. General

We can transfer our contract with you, so that a different organization is responsible for supplying your product. We will tell you in writing if this happens and we will ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this.

b. Copyright and other intellectual property rights

The Website (including but not limited to its content, brand names, trade marks, videos, images, and designs), our products (including but not limited to its recipe and designs on its packaging) are subject to our rights under intellectual property law. All these rights are reserved. Third parties may also have similar rights.

We provide the Website and our products to you solely for your personal and non-business use. You may electronically copy and print only those areas of the Website which are required for you to use it to shop for our products.

For the avoidance of doubt, you may take images or videos with our products for your use on social media, but you may not gain from doing so without our express permission. This does not restrict your right to ‘review’ our products fairly and accurately.

You may not copy or make any derivative (so called ‘copycat’) goods from our products.