Terms & Conditions

Version Effective Date: May 1, 2019

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HELLO FRIENDS!

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL PRE-ORDERS, SALES AND USES OF JABII PRODUCTS. PLEASE CHECK OUT THIS EPIC TEXT THOROUGHLY. PURCHASING, KEEPING, USING, OR ALLOWING USE OF A JABII PRODUCT MEANS YOU AGREE TO THESE TERMS. IF YOU ARE NOT UP FOR AGREEING TO THESE TERMS, YOU HAVE 14 DAYS FROM THE DATE OF DELIVERY TO YOU TO RETURN THE UNUSED PRODUCT. WE HOPE YOU ENJOY YOUR JABII!

 

1 PARTIES


1.1 These terms and conditions apply to all orders placed by you at www.jabii.com between you and Jabii Group ApS, Danneskiold Samsøes Allé 24, 1434 København K, Denmark, Company no.: 38564978 (hereinafter ”JABII”, ”we”, ”our”, ”us”). All orders will be subject to general Danish legislation.

1.2 The terms and conditions contain specific rules on your use of our products, pre-orders , your right of withdrawal and limitation of liability , so it is important to read our Terms thoroughly.

1.3 If you are corporate customer, these terms and conditions do NOT apply. You trade with us on the ordinary terms and conditions in the Danish Sale of Goods Act (Købeloven).

 

2. WARNING USE OF OUR PRODUCTS:


2.1 Products sold by JABII include equipment and gear similar to that used in boxing and fitness and may not be used if you are under the age of 15 or without supervision from an adult . Participation in any activity involving a JABII product is a high-risk sports activity that could result in serious injury, disability or death. You participate in any such activity at your own risk. You agree to read, understand, and follow specific warnings and instructions on JABII products, in product literature and product inserts before using any JABII product. You also agree to fight fair, as would any true gentleman, gentlewoman or gentleflamingo.

2.2 Use and misuse of products sold by JABII, whether through JABII's websites, catalogs, or otherwise, could result in serious injury, disability or death. Please take care, friends. By purchasing and/or using JABII products, or participating in activities involving JABII products, such purchasers, users and participants acknowledge the product’s potential to cause bodily injury or damage to property and assume all risk of injury or damage attributable to a JABII product. JABII is not responsible for the misuse or unauthorized and improper use of products sold through JABII's websites, catalogs, or otherwise. Apply common sense to burned area.


3. Definitions

3.1 ”Products” means the products offered for sale by JABII via our Website and as stated in your order confirmation. You will find a detailed description of our Products here.

3.2 ”Website” means www.jabii.com

3.3 ”Terms” means these terms and conditions.

3.4 ”You” means you as a consumer who place an order via the Website to purchase any of the Products.

3.5 “Pre-Order” means an order you place before the Products is available for purchase.

 

4. Orders

4.1 Orders must be made via the Website. You can return, correct and delete at any stage in the purchase process until you click the ”Complete payment” button.

4.1.1 If you need help to make your order, please contact us by clicking at the “Contact” button at the bottom of our Website.

4.2 This is how it works:

1. Select the quantity of product(s)

2. Click the “Checkout” button and make sure you have everything you need,

3. Enter your data and accept these Terms,

4. Verify that everything is correct in your order and click the “Purchase” button to confirm your purchase.

5. Select your payment method and click the “Complete payment” button,

6. Wait for your order confirmation, sent to your email.

7. When we are ready to ship your order, you’ll receive an email and/or a SMS if you choose that. The message will be in local language and include a tracking number on the order.

4.3 If the Products are out of stock, you will normally be notified when you place your order. However, if necessary, we reserve the right to inform you of this in a subsequent email.

4.4 Please note that essential functions of our Products require that you have a smartphone/tablet, cf. clause 10 on remote control, which you find here .

4.5 Please note that batteries are not included. See which batteries are needed under the detailed description of our Products here .

4.6 You will find a detailed instruction on how to use our Products in the package together with your Products.

4.7 When you have ordered, we will send you confirmation of the order by email with these Terms attached.


5. Pre-Order: Special conditions

5.1 When placing a Pre-order, you will be charged the full price of the Products upon the placement of the Pre-Order.

5.2 By placing a Pre-Order, you agree that you will be charged the full price of the Products and that you understand and agree to the risks involved with such pre-orders.

5.3 When pre-ordering you will have the right to cancel your order for a period of 30 days from the day of order. In the event that you within this period regret your purchase, we will return your payment. Please send us an email at sales@jabii.com with your request.

5.3.1 After the 30 days from the day of order, we will no longer be able to return your payment.

5.4 We will make efforts to begin delivering Products at the time stated in our Products description here, but you understand and agree that there may be delays. If a delay arises, we are not responsible for any damages that may occur due to the delay and is not obligated to provide any discounts, refunds or credits due to such delays.

5.4.1 We will provide you with updates with respect to such delays.

5.5 When we are ready to ship your order, you will receive an email (and/or a sms if you choose that in the checkout process). The email will be in your local language and include a tracking number on your specific order.

5.6 We will give you a continues update on the expected time of delivery.


6. Payment

6.1 All prices of our Products are as they appear on our Website and expressed in euros (EUR) or American Dollars (USD) including Danish VAT and the cheapest shipping method.

6.1.1 You can always see the total order price in your basket, including Danish VAT and shipping.

6.2 We make reservations for typing errors, pricing errors, fluctuating rates of VAT, foreign currency exchange and customs duties, price increases, force majeure, sold-out and deleted goods, and failure to deliver on the part of our suppliers. We also reserve the right to change our prices from day to day.

6.3 You can choose to pay using a number of different payment cards. We accept the following cards:
- Dankort/VISA Dankort, VISA, VISA Electron, MasterCard, Maestro, Diners Club, JCB, American Express, Forbrugsforeningen, Viabill and PayPal.

6.4 We use an approved payment server that encrypts all card details with SSL (Secure Socket Layer) protocol and ensures no one else can read your information.

6.5 We will first charge the amount from your account when your order has been shipped unless you have preordered. Payment on pre-orders will be withdrawn within a few business days, but Paypal will hold your payment until we have a shipping label with your name on it.

 

7. Delivery

7.1 We deliver to all countries within Europe and the United States.

7.2 Each order is processed quickly and with the greatest of care. We deliver on all weekdays and If you place your order before noon (12:00), we will ship your Products the very same day unless you have preordered..

7.3 You can choose between four shipping methods
- Delivery at an Access Point
- Express Saver (Delivery 1-5 working days)
- Express (Delivery 1-3 working days, often before noon)
- UPS Standard (Delivery 3-5 working days)

7.3.1 Delivery times as stated above apply once your order has been shipped.

7.4 Delivery to non-EU countries

7.4.1 Please note that if your order Products for delivery in a non-EU country, you should expect that import tax and duties will be added to the price.


8. Risk and responsibility

8.1 Once you, or a third party indicated by you, have received the Products, it is your risk and responsibility.


9. Right to withdraw

9.1 You have the right to withdraw from your purchase within a 14 days period (cancellation period) without giving any reason.

9.2 The cancellation period begins when you or a third party on your behalf, have obtained physical possession of the Products and will expire 14 days from that day.

9.3 To exercise the right to cancel, you must inform us of your decision to cancel your purchase by a clear statement. You may use our cancellation form here , but it is not obligatory.

9.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. When we receive your notice, we will send you a UPS return label for shipping. You must bear the direct cost of returning the Products. We do not receive packages sent without delivery or delivery by COD.

9.5 If you cancel your purchase, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay and, in any event, not later than 14 days after we have received the Products back or you have supplied evidence of having sent back the Products, whichever is earlier.

9.5.1 We will make the 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 the reimbursement. You must send back the goods or hand them over to us or without undue delay and not later than 14 days from the day on which you communicate your cancellation. The deadline is met if you send back the goods before the period of 14 days has expired.

9.6 Return address:
JABII Group ApS
Danneskiold-Samsøes Alle 24
1434 Copenhagen K
Denmark

10. Remote control

10.1 Our Products can be used in a “Stand Alone Mode” without using a smartphone/app but note that essential functions of our Products require that you have a smartphone/tablet.

10.2 Remote control is done via our JABII App, which is available for smartphones on Google Play (Android) and App Store (iOS). You need an iPhone 6 (or newer) running iOS 9+ or an Android smartphone running Android 8.0+.

10.3 By using the JABII App you can record and replay the battles, gather match- and player-statistics and customize the JABII light color. The App does not collect personal data.


11. Claims

11.1 According to the Danish Sale of Goods Act you have a right of complaint within a 24-month period from the day you receive your Products if you Product has a defect. This means that you may be eligible for a repair, replacement, refund or price deduction if your Product has a defect and the defect existed at the time of delivery. The defect must not be caused by improper use of the goods or other harmful behavior.

11.2 Our Products must be inspected before initial use to ensure that it has not been damaged during shipment. If damaged, do not use it, and immediately return the product to us for a replacement.

11.3 You must make your claim within a reasonable period after becoming aware of the defect. If you advertise within 2 months after the defect is discovered, your complaint will always be timely.

11.4 If your claim is justified, we will also refund your documented shipping costs when you returned the Products. If you wish to make a claim according to your right of complaint, return your goods with proper explanation sent to sales@jabii.com or using our cancellation form . Once you have examined your claim, we will contact you by email to agree on the next steps.

11.5 Return address:
JABII Group ApS
Danneskiold-Samsøes Alle 24
1434 Copenhagen K
Denmark

12. Limitation of liability

12.1 In no event shall JABII´s liability for any product defect or damage caused by any JABII product exceed the value of the product sold. If applicable local law does not allow the foregoing liability limitation, then it may not apply to your purchase, but JABII’s liability shall be limited to the maximum extent allowable by law.

12.2 ALL OTHER WARRANTIES ARE DISCLAIMED AND EXCLUDED BY JABII. THE REMEDIES CONTAINED IN THIS Disclaimer WILL BE THE SOLE AND EXCLUSIVE REMEDIES OF ANY PURCHASER, USER OR PARTICIPANT, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THIS LIMITATION APPLIES TO ALL JABII PRODUCTS, SERVICES, AND SOFTWARE DURING AND AFTER THE WARRANTY PERIOD. JABII SHALL NOT BE RESPONSIBLE FOR ANY DEFECT, INJURY OR DAMAGE CAUSED BY PRODUCT MISUSE. Notwithstanding anything to the contrary in this Disclaimer, and to the maximum extent allowable by law, JABII shall have no liability for damage to its products, or for injuries or damages attributable to its products. IN NO EVENT WILL JABII BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO A PRODUCT SOLD BY JABII, WHETHER THROUGH WEBSITES, CATALOGS, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCTS OR SOFTWARE, OR COST OF SUBSTITUTED PRODUCTS, SOFTWARE OR SERVICES THAT ARISE OUT OF JABII’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS DISCLAIMER.

13. Complaints

13.1 If you have any complaints about our Products please contact us on sales@jabii.com. If we cannot find a solution, you can file a compliant to:
Konkurrence og Forbrugerstyrelsens Center for Klagesøgning
Carl Jacobsens vej 35
2500 Valby
www.forbrug.dk

13.2 If you are living in another EU country, you can state your complaint on the EU Commission’s online complaint platform here.


14. Applicable Law and Resolution of Disputes

14.1 If applicable local law at the place of delivery allows for it your order from JABII shall be interpreted and construed in accordance with laws of the Kingdom of Denmark without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or the subject matter of this Disclaimer (whether contractual or non-contractual disputes or claims), shall be brought and heard exclusively in the courts of Denmark, and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts.

Don’t worry – we are friendly.