1.1. SCOPE OF AVAILABILITY
These general Terms and Conditions of Sale (“TCS”) govern your purchases of JOSHU products (“Products”) from the website joshu.online (“Website”). In this TCS, “Customer” shall mean any person, consumer, or non-professional placing an order for Product(s) listed for sale on the Website. JOSHU reserves the right to amend or update these TCS at any time without notice. Changes will only apply to orders placed after the effective date of the modifications. Modifications will not impact prior agreements accepted by the Customer at the time of order placement. JOSHU ships orders both within the United States and internationally. Customers are responsible for any applicable customs duties and taxes for international shipments. By placing an order on the JOSHU online store, the Customer accepts these TCS in full. By placing an order on the JOSHU online store, the Customer accepts these TCS in full.
1.2 INFORMATION AND AVAILABILITY
1.2.1 Products Reserved Strictly for Personal Use
JOSHU sells Products online to consumers and non-professionals strictly for personal use. Products are not intended for resale. JOSHU reserves the right to refuse or cancel any order that appears inconsistent with personal or non-professional needs. Restrictions may include but are not limited to orders placed under the same account, the same payment method, or the same billing and/or shipping address. These restrictions may apply even if the order was initially confirmed.
1.2.2 Information Regarding the Products
Product descriptions, images, and specifications are presented as accurately as possible. However, actual product appearance may differ slightly due to variations in display or photography.
1.2.3 Product Safety Information
All Products include usage instructions. Misuse of candles may result in harm or damage. JOSHU strongly advises Customers to follow all safety instructions provided. JOSHU disclaims liability for damages resulting from misuse.
1.2.4 Changes Made to Products
JOSHU reserves the right to modify or discontinue Products and their features without notice, even after orders have been placed. Customers will be notified if their order cannot be fulfilled due to Product unavailability.
1.3 PRICES
Prices are listed in USD ($) and exclude delivery costs. Delivery fees are specified on the order summary page before payment.
JOSHU strives to maintain accurate pricing but reserves the right to correct errors. In case of a pricing error, JOSHU may cancel the order or offer the Customer the option to proceed at the corrected price.
Price changes will not affect orders already confirmed.
ORDER PROCESS
2.1 Placing an Order
Customers can place orders by following instructions on the Website. Orders can be completed either by creating an account or as a guest.
Customers with accounts are responsible for safeguarding their passwords and monitoring account activity. Any unauthorized use should be reported immediately. JOSHU is not liable for errors in order processing caused by incorrect Customer information.
Products can be added to the basket and modified until checkout. Final order summaries include product details and shipping estimates.
2.2 Order Confirmation
Orders are confirmed via email once payment is processed. Confirmation emails serve as a record but do not guarantee order acceptance. JOSHU may refuse orders for reasons including, but not limited to:
Product unavailability.
Eligibility concerns.
Fraudulent or unauthorized transactions.
Unavailable Products will not be charged, and Customers will be informed promptly.
PAYMENT
Payment is required at checkout via credit or debit card (Visa, MasterCard). Customers are responsible for any fees charged by their card issuer. Payments are securely processed through Stripe using 3D Secure measures.
Failed payments result in immediate order cancellation, and Customers will be notified.
SHIPPING, DELIVERY, AND CONDITIONS
4.1 Delivery Options
Orders will not ship until payment is received in full. JOSHU offers the following shipping options:
Standard Shipping: $9.50 5-7 business days.
Expedited Shipping: $28.00, 2 business days.
Overnight Shipping: $50.00, next business day.
Deliveries are made to the address specified at checkout. JOSHU is not responsible for incomplete or inaccurate addresses provided by Customers. PO Boxes, freight-forwarders, and hotels are not accepted.
Customers will receive tracking details via email upon shipment. If unable to receive deliveries, Customers may reschedule or arrange for pick-up at a designated location.
4.2. Delivery costs
Delivery costs are not included in the price of the order and are added to it at the time of validation.
4.3. Receipt of Goods
4.3.1 Customer Obligations
Upon delivery of the order, the Customer must in the presence of the carrier:
Verify that the number of packages delivered corresponds to the number indicated on the delivery note; Verify that the packages and their seals are intact, undamaged, or not altered in any manner; Verify that the delivered products conform to the style, model, color size, and other characteristic(s) of the Products, as specified in the order receipt; Note any other useful reservations concerning visible defects with respect to the packing or product(s); Sign the delivery note; and If requested by the Courier show their ID.
Any damages to the packages and/or the Products must be reported to JOSHU’s Customer Service department via Contact form within fourteen (14) working days following receipt of the products. Unless there is a legitimate reason, any claim made after this 14-day period will be considered inadmissible.
TITLE RETENTION AND TRANSFER OF RISKS
The Customer assumes the risk of damage, loss, and/or destruction of the Products, from the moment they take physical possession of the Products delivered to them.
Title to the Products shall be passed to the Customer on the date on which the Products are delivered to the delivery address specified by the Customer in their order form.
RETURNS AND REFUNDS
6.1. Returns
To return Purchased Product(s), the Customer must notify JOSHU within fourteen (14) days, using the following means:
JOSHU has created a Return Form available on the Website. The Customer may complete the form and return it by post to the following address, 1620 Cecil B Moore Ave, 19121- Philadelphia. The Customer also has the option to send the Return Form to the following email: [email protected]
In either case, the Customer must specify a) the Product(s) they are returning and b) the number listed on their order receipt.
6.2. Conditions Regarding Returns
6.2.1 Timeline Regarding Returns
Timeline Regarding Returns. Purchased Products must be returned within fourteen (14) days from the date on which the Customer or the person, for whom the Customer has purchased the Product, has notified JOSHU of their decision to return the Product(s).
6.2.2 General Conditions of Returns
Purchased Product(s) must be returned in their original condition, unaltered, unused, undamaged, with their original packaging and with original tags and labels attached along with all related documents (i.e., instruction label(s), booklet(s), and Product certificates).
6.2.3 Compliance with Conditions of Returns (All Products)
JOSHU will not issue any refund for purchased Product(s) if the Product(s) returned by the Customer do not comply with the conditions set forth in 6.2.2.
6.2.4 Miscellaneous
JOSHU will not issue any refund for Product(s) that were purchased from a marketplace other than the Website.
6.2.5 Non-Compliance with Conditions of Returns
If a returned Product does not meet the conditions for its return, as described in 6.2.2 above, JOSHU will send the Product back to the address indicated by the Customer in the return form, or if such address is not valid, to the address communicated by the Customer when they placed the order. This return will occur within thirty (30) days from the date JOSHU informed the Customer of the rejection of the returned Products, unless a force majeure event, an event beyond JOSHU’s reasonable control, or any unforeseeable circumstance occurs.
6.2.6 Return Costs
Return postage costs will be borne by JOSHU, which will send the courier label to the Customer before the order is sent back for exchange or return. The Customer must then drop the parcel off at the corresponding collection point of their choice. JOSHU will then reimburse the Customer for the return costs within 30 days of the receipt of the Product.
6.3. Order Refunds
JOSHU will refund the returned products, as well as the delivery costs by crediting the credit or debit card used for payment. In the event of a partial return of the products, JOSHU will not refund the delivery costs insofar as the Customer benefited from the delivery service for the products kept. The refund will be issued within a maximum of fourteen (14) days as from (i) the return of the products or (ii) the date on which the Customer provided proof of the shipment of the products (the date of whichever takes place first will be retained). Please note that JOSHU may reduce your refund to reflect any diminished value of the Products resulting from your handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
DISCLAIMER OF LIABILITY
These TCS set forth the full extent of JOSHU’s obligations and liabilities with respect to the sale of the Products on the Website. Nothing in these TCS seeks to exclude or limit JOSHU’s liability for:
Personal harm resulting from JOSHU’s gross negligence
Willful misconduct on behalf of JOSHU or its employees
Breach of any obligations pursuant to applicable consumer protection laws
Any cause of action which cannot be limited or excluded under applicable law
7.1. Subject to above
JOSHU’s aggregate liability, which shall be limited solely to direct damages, caused by a breach, that the Customer may suffer with respect to all claims and causes of action, arising under or in connection with these TCS and each Contract, shall in no event exceed the price of the Product(s) purchased by the Customer on the Website under that Contract. JOSHU is not liable for damage(s) or loss that either the Customer or JOSHU could not reasonably have foreseen at the time the Customer accepted these TCS. JOSHU shall not be liable to the Customer for any indirect damages.
JOSHU shall not be held liable for the failure to perform or incomplete performance of one of its obligations if said failure to perform or incomplete performance is due to a force majeure event as defined by law.
JOSHU shall not be held liable for the failure of third parties including, but not limited to, suppliers, delivery personnel, etc. to perform their obligations to us or the Customer.
The Products purchased by the Customer must be used in accordance with the recommendations for use accompanying each Product. Failure to follow the recommendations for use accompanying each product constitutes misuse of said product, which may result in harm. In no event shall JOSHU be held liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the misuse of our products.
LEGAL WARRANTIES
JOSHU does not offer any warranties other than those warranties set forth in this TCS. All Products purchased by you through the Website are (except as expressly stated by JOSHU) are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
INTELLECTUAL PROPERTY
JOSHU owns the domain name “joshu.online”. The Website is an intellectual work protected by intellectual property rights, in particular by copyright. The website as a whole, as well as the products sold on it, and each of the components (such as films, logos, trademarks, drawings or models, texts, software, animations, illustrations, diagrams) are the exclusive property of JOSHU, which alone is authorized to use the related intellectual property rights. Use of all or part of the website, in particular by downloading, reproduction, transmission, representation or distribution is strictly forbidden. Breach of these provisions will result in the Customer being subject to the penalties provided for by law.
When you use a “share” feature offered on the website in order to discover a JOSHU brand product, you acknowledge and accept that the content made available by sharing should only be used for purely personal purposes, excluding any commercial use on websites or web pages and/or any other digital medium for commercial purposes.
Hyperlinks to the website can only be created with JOSHU’s prior written consent. Said permission can be revoked at any time. All websites with a hypertext link to the website are not under JOSHU’s and JOSHU cannot therefore be held liable (in particular editorial liability) for the access to and content of these websites.
JOSHU is free to change the content of the website at any time and without notice.
GOVERNING LAW
These Terms will be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, and you, as the Customer, submit to the exclusive jurisdiction of the courts located in the County of Philadelphia for any action arising out of or relating to these Terms of Use or use of this Website. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the Commonwealth of Pennsylvania and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provision shall be deleted and the Terms and Conditions shall be read and interpreted as if the invalid clause were never there.
ENTIRE AGREEMENT
These TCS and any other documents or links expressly referred to herein constitute the entire agreement between JOSHU and the Customer in relation to the Customer’s use of this Website and supersede any prior agreement, understanding or arrangement, whether oral or in writing.