JOBY Checkout Powered by KIBO
KIBO is our order management company. We use KIBO to manage our online orders payment/fulfillment process.
CONDITIONS OF SALE
- Purchase of Goods, Order Process
- About You
- Price of the Goods
- Payment Methods
- Passing of Ownership & Risk
- Right of Cancellation
- Refunds Policy
- Warranty & After Sales
- Limitation of Liability
- Data Protection & Privacy
- Archiving of the Contracts
- Our Right to Vary These Terms & Conditions
- Force Majeure
- Governing Law & Jurisdiction
1. General Information
This page explains the conditions of sale apply to our supply to you of any of the products listed on our website JOBY.com.
These general terms and conditions of sale (the “General Terms and Conditions of Sale”) are those of Manfrotto Distribution Inc., with registered office at:
10 Mountainview Road, Suite 320 South
Upper Saddle River, NJ 07458
These Standard Terms and Conditions and Customer Information apply for all ordered and deliveries through this web site's online store ("we" or "our" hereafter).
Please read these conditions of sale carefully before ordering any products from this website. You should understand that by ordering any of our products, you agree to be bound by these conditions of sale as set out below.
JOBY uses the KIBO (hereinafter “KIBO”) shopping service to process orders placed at JOBY.com. To ensure the very best shopping experience we outsource order management to our trusted order-processing partner, KIBO Software Inc., whose registered office is at: PO Box 5351 San Luis Obispo, CA 93403
2. Purchase of Goods, Order Process
When you order and pay online, the KIBO system starts working to ensure rapid delivery by ourselves or one of our approved dealers (“fulfillment partners").
The purchase order is accepted by sending an order confirmation e-mail to you at the email address used to create JOBY Account or upon transmission of the order as a guest. We communicate by email to keep you informed about its status. You will receive updates at your email address.
Communication about your order may include, but is not limited to:
- Order Confirmation;
- Backorder Notification and Update;
- Shipment Confirmation;
- Shipping Delays
The contract itself shall only be completed when your order is accepted which shall occur, at the latest, on delivery of the goods. You will be contracting with us as the manufacturer/distributor/importer of the goods or, at our option, we may reassign your order in-toto to one of our approved dealers. If we cannot accept your order (for example, but without limitation, because the goods are found to be unavailable) KIBO will notify you by telephone and/or email.
The contract is subject to your right of cancellation (see Your Right of Cancellation paragraph).
KIBO have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with Payment terms below).
You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from this Site unless expressly authorized by us.
We may transfer our rights and obligations under these terms to another organization, but this will not affect your rights or our obligations under these terms.
3. About You
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts and you are at least 18 years old;
- if you are contracting as a consumer, please note that nothing in the contract between you and us or these conditions of sale affect your legal rights as a consumer.
4. Price of the Goods
The price of any product will be as displayed on this website from time to time, except in cases of obvious error. The images of the goods on the website are for illustrative purposes only. The customer is invoiced at the prices and the currency indicated on the Website and agreed in the contract of sale.
Unless otherwise expressly indicated in writing by JOBY at the time of the definitive validation of the order, the prices which is inclusive of VAT (if applicable) and any indirect taxes (if applicable) at the current rates together with delivery costs, which will be added to the total amount due. JOBY reserving its right to choose the means of transportation. The consumer will pay the total sum, as specified in the order and in the order confirmation sent by e-mail by KIBO.
We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
5. Payment Methods
Payment for the goods and delivery charges can be made by any method shown on the website at the time you place your order. JOBY allows you to choose among different forms of payment: the accepted forms of payment could vary according to the buyer’s country. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle KIBO to terminate the contract immediately. Applicable discounts or promotions in effect at the time we confirm the price of your subscription order will be applied to your order.
Payment must be made before supply of the products, there will be no delivery until cleared funds are received.
Payments shall be made by you without any deduction whatsoever. In the event of a valid cancellation, for refund, we use the same means of payment as you used in the original transaction.
The products purchased on the Website are delivered at the address communicated at the time of ordering. Details of specific shipment restrictions for each product you wish to purchase may be shown on our web site or checkout. The customer is responsible for the accuracy of the information provided when ordering. In case of mistake in the addressee’s contact details (in particular surname, first name, street name and number, postal code, city name, telephone number or e-mail address), JOBY shall in no event be held liable for the impossibility to deliver the order.
Orders will typically arrive within 3-7 business days (Monday-Friday, excluding holidays) following receipt of shipping confirmation email. The scheduled delivery date will be outlined within your shipment confirmation email.
All items destined for your delivery address will be shipped by a responsible courier with some form of delivery confirmation or tracking code where possible. However, it is not possible to identify which carrier we will use for your order in advance. If delivery cannot be made to your address for reasons beyond our control the KIBO Supplier will inform you as soon as possible.
Whilst uncommon, shipping problems can occur, but we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. If you have an issue with your order that is related to shipping, please contact the fulfilment partner included in your shipping confirmation email as soon as possible (and no later than 30 days after acceptance of your order).
Upon receipt of your order you may be asked to sign for the goods received in good condition. If the package does not appear to be in good condition, then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery, then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make later.
7. Passing of Ownership & Risk
JOBY retains the ownership of each product delivered until payment in the amount due for the respective product is made fully and received by JOBY. The risks relating to the products shall be transferred to the customer at the time the products are handed over or of default of acceptance.
In case of non-payment, JOBY reserves the right to claim the ownership of the respective product.
8. Right of Cancellation
Please notify us of any missing products, or damage or defects to the products promptly following delivery or once you become aware of them.
If you are contracting as a consumer, you have the right to cancel this contract within 14 (fourteen) days without specifying reasons, from the day after the day of receipt of the products, without incurring any obligation or liability to JOBY.
In order to exercise the legal rights to reject products, you must give notice to our order processing partner KIBO, by sending an unambiguous declaration expressing clearly your intention to withdraw to the following address:
- by letter Kibo Software, Inc. PO Box 5351 San Luis Obispo, CA 93403 or Fax: (805) 547-8369;
- by submitting your declaration via a support case to Kibo Commerce Ltd: https://kibo.force.com/consumersupport/s/contact-support?language=en_US
We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these terms do not affect your legal rights. A summary of your legal rights in relation to the products is set out at on our returns page.
10. Refunds Policy
Our refund policy is as follows:
Cancel an order within the Cancellation Period described in Paragraph 8:
- If you have not already received the product, KIBO will refund the amount you paid in respect of the order. The refund will be made promptly and at the latest within 14 fourteen days as from the date on which we received the notification of your cancellation of this contract. For this refund, we use the same methods of payment as you used in the original transaction.
- If you have already received the product, you must return the product as soon as possible to the KIBO fulfiller and, in any event, within 30 days of Delivery. The details of where to return the product will be set out in the Returns Documents. You are responsible for the cost of returning the product using a suitable tracked and insured shipment method.
If the KIBO Supplier does not receive the product back from you, we may arrange for collection of the product from your delivery address at your cost. KIBO will refund or re-credit you (of the KIBO Supplier receiving the returned/cancelled order) for any sum that has been paid by you, or debited from your payment method for the goods.
You do not have the right to cancel the contract if, for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
You must only pay for any loss in value of the goods where this loss in value is a result of handling of the same by you, which was not necessary for the purpose of inspecting the quality, features and functionality of the goods.
11. Warranty & After Sales
All new goods supplied through our web site are warranted free from defects. The statutory warranty rights apply.
For complete product warranty information please visit our warranty page.
12. Limitation of Liability
We are responsible to you for foreseeable loss and damage caused by us, but KIBO and the “Fulfilment partners” shall not be liable to you for any loss or damage in circumstances where:
- there is no breach of a legal duty owed to you by ourselves, KIBO and the KIBO Supplier or by their employees or agents;
- such loss or damage is not a reasonably foreseeable result of any such breach;
- any increase in loss or damage resulting from breach by you of any term of this contract.
Nothing in these conditions excludes or limits in any way our liability or that of KIBO or the “Fulfilment partners” where it would be unlawful to do so. This includes liability for death or personal injury caused by intention, negligence or fraudulent misrepresentation.
You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase.
We, KIBO and the “Fulfilment partners”, have no liability for business losses or re-sale purpose, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause abovementioned our entire liability for any order for Products from you will be limited to the total price of the Products ordered by you.
NOTHING IN THESE CONDITIONS SHALL OR BE CONSTRUED AS LIMITING OR EXCLUDING OUR LIABILITY OR KIBO'S OR LICENSOR'S OR KIBO SUPPLIER'S LIABILITY TO YOU, WHERE UNDER MANDATORY LAWS APPLICABLE IN YOUR TERRITORY, SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY CONTRACT.
13. Data Protection & Privacy
14. Archiving of the Contracts
In accordance with art. 12 of Legislative Decree 70/2003, JOBY will store electronically any order sent, in the office server according to criteria of security and confidentiality. The customers will have the possibility to access to such contract upon simple request by email: email@example.com
15. Our Right to Vary These Terms & Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies, terms and conditions set out at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
16. Force Majeure
Manfrotto declines any responsibility for disservices due to events of force majeure if unable to execute the order according to the terms of the contract. Force majeure, employment disputes, disruption of operations through the fault of no party, civil disturbances, measures of any authority and any other similar unavoidable events which are not our fault shall entitle us - notwithstanding our other rights - to withdraw from the contract, in whole or in part, insofar as such are not short in duration and such cause a substantial reduction in our purchase requirements.
17. Governing Law & Jurisdiction
Contracts for the purchase of products through this website shall be governed by, and construed in accordance with United States law. The relevant courts of the United States shall have jurisdiction in respect of any dispute arising from contract between you and us and these conditions of sale.
You should print a copy of these Terms or save them to your computer for future reference.