Terms and Conditions

The Gibby Terms and Condition was updated on Jan 11, 2019.
  1. TYPES OF GOODS

    GIBBY prohibits the following goods to be transacted through GIBBY application:

    • All types of drugs and other substances which are prohibited or restricted according to applicable legal provisions, including but not limited to the provisions of Narcotics, Psychotropic, and Health Regulations. Also included in this provision are drugs, medicines that require a doctor's prescription, anesthetic drugs and the like, or drugs that do not have distribution permits from the Indonesian National Agency of Drug and Food Control (BPOM).
    • Cosmetics, food and drinks that endanger the safety of its users, or those that do not have distribution permits from the Indonesian National Agency of Drug and Food Control (BPOM).
    • Material which is classified as a hazardous material according to the applicable regulations issued by Ministry of Trade.
    • Types of certain products that are required to have:
      1. SNI;
      2. Instructions of use in Bahasa; or
      3. Labels in Bahasa, but do not meet such requirements.
    • Other items whose ownership or circulation violate the applicable legal provisions in Indonesia.
    • Items that are the result of Copyright violations, including but not limited to media in the form of books, CDs / DVDs / VCDs, information and / or electronic documents, and other media that are contrary to the Copyright Law.
    • Alcoholic beverages
    • Adult rated goods including but not limited to potent drugs, stimulants, sex aids, pornography, and related drugs, except for medical devices (contraception) which are permitted to be traded by the applicable legal regulations.
    • Firearms, sharp weapons, air guns, and all kinds of weapons.
    • Human parts / organs.
    • Goods resulting from theft.
    • Items that can and / or easily explode, ignite or burn themselves.
    • Animals
    • Gambling equipment and equipment.
    • Goods with Exclusive Distribution rights that can only be traded with direct sales systems by authorized sellers and / or Goods with a Multi Level Marketing sales system.
    • Non-physical products that cannot be sent through courier services, including but not limited to credit products / vouchers (i) telephones, (ii) electricity, (iii) games, (iv) digital credit.
    • All other types of goods that are contrary to the shipping regulations in Indonesia.
    • Other items that violate the applicable legal provisions in Indonesia.

    If you act as Gibster, you hereby declare that the goods you offer through GIBBY are legally obtained. You hereby also release GIBBY from claims and potential claims related to the acquisition of goods that you offer through GIBBY, including but not limited to the potential claim from the store policy where you purchase the goods.


  2. PURCHASE TRANSACTION

    1. Requesters must comply with GIBBY’s transaction guidelines. Requesters make payment by choosing their preferred payment method, and then GIBBY will forward the payment to Gibsters if the transaction stages in GIBBY system have been completed.
    2. When purchasing items, Requesters agree that:
      • Requesters are responsible to read, understand, and agree with overall information / description of the item (including but not limited to color, quality, function and others) before making a commitment to buy. If there is something remains unclear, Requester is responsible to request the necessary details from Gibster.
      • Requesters acknowledges that the actual color of the product as seen in the GIBBY application depends on Requester’s device. GIBBY has made its best efforts to ensure the colors in the photos displayed in the GIBBY application appear as accurately as possible, but cannot guarantee that the color appearance of the items obtained will be accurate.
      • Users / Gibster entered into a legally binding contract to buy goods when Requesters buy an item.
      • Requester understands and agrees that the availability of goods is the responsibility of Gibster who offers the Goods. Since goods supply or availability can change at any time, in the event that the goods supply is unavailable/sold out, Gibster will reject the order, and payment for the item concerned is returned back to the Requester.
      • Payment must be made immediately after Requesters checks out. In the case of payment made via bank transfer and/or Indomaret; if payment has not been made by Requesters while the item has been sold out,Requester will no longer be able to make payments and payment instructions in connection with the transaction will be canceled automatically. The user is not entitled to claim for the cancellation of the transaction.
    3. Requesters must confirm receipt of items, after receiving the items purchased. GIBBY provides a time limit of 2x24 hours for Requesters to confirm receipt of the items, after the shipment status has been changed to "delivered" in GIBBY system. If within the time limit there is no confirmation or complain from Requesters, Requesters are deemed to acknowledge the receipt confirmation to be changed automatically by GIBBY’s system.
    4. After the receipt confirmation has been inputted, either manually or automatically inputted by system, Requesters' funds will be transferred to the Gibster (and the transaction will be considered as complete).
    5. Requesters understand and agree that every claim filed after confirmation / automatic confirmation of receipt of goods is no longer considered as GIBBY's responsibility. Losses arising after confirmation / automatic confirmation of receipt of Goods become Requesters' personal responsibility.
    6. Refunds from GIBBY to Requesters can only be done under certain circumstances as per below:
    7. Gibsters can't carry out the order because the items are out of stock; change in shipping costs, or other reasons
    8. Issues in the item shipment has been clearly identified due to the Gibsters which resulted in the items not delivered, including but not limited to if the goods were not shipped by the Gibsters in the first place
    9. Gibsters has agreed to dispatch the goods, but after the specified time limit, Gibsters failed to send the item. Gibby will cancel the transaction automatically if the order is not shipped by the deadline, which is on latest shipping date at 23:59 WIB.
    10. Resolutions can be in the form of refund to Requesters or as decided by GIBBY.
    11. In the event of refund, the refund will be made through the My Withdrawal menu on Requester account which will increase its balance to the amount of the refund minus the administration fee. If Requester uses credit card payment method, the refund will be processed back to the Requester’s Credit Card limit within 14 (fourteen) working days. Funds under My Withdrawal menu can only be disbursed and transferred to a registered bank account, and cannot be used to purchase other items.
    12. If a dispute between Requesters and Gibsters cannot be settled by themselves, GIBBY has the authority to make decisions for unresolved transactions, by looking at the available evidence. GIBBY's decision is considered final, irrevocable, and binding.
    13. GIBBY is not responsible for any losses incurred when Requesters making payments that are not in accordance with the amount, with the payment method, and/or with the account number stated on the payment page.
    14. GIBBY has the authority to make automatic changes to the order status to be "sent" if there is no renewal of the shipping status from the courier after 25 days from the receipt entered by Gibsters and there is no further confirmation from the Requesters regarding the ordered items


  3. SALES TRANSACTIONS

    1. Gibsters is prohibited from manipulating the price of goods for whatever purpose.
    2. Gibsters must provide clear photos and complete product information in accordance with the conditions and quality of the products they offer/sell. If there is a discrepancy between the photos and product information uploaded by Gibsters with the products received by Requesters, then GIBBY has the right to cancel / hold the transaction payment.
    3. Within 1x24 hours since notification of order by Requesters shows up, Gibsters must confirm whether order has been fulfilled/purchased or not (declined for whatever reason). If within that time, Gibster failed to confirm, order will be cancelled automatically by GIBBY’s system
    4. In order to provide better service and transaction assurance for Requesters, GIBBY has the right to review and potentially suspend the account of Gibsters who frequently make cancellations of transaction.
    5. Gibsters must enter the Goods tracking number within the time limit of 2 x 24 hours (excluding Saturday / Sunday / National holidays) from the Maximum Shipping Date inputted upon offering the item. If within the time limit Gibsters does not enter the Goods tracking number, the order will automatically be cancelled.
    6. Gibsters understands and agrees that payment for the price of goods and shipping costs (excluding transfer / administration fees) will be returned fully to the Requesters if the transaction is cancelled and/or the transaction is unsuccessful.
    7. GIBBY has the authority to hold payment up to an unspecified time should there be problems and claims from Requesters regarding the shipping process and the quality of the Goods. The payment will be released to Gibsters if the problem has been resolved and/or the Goods have been received by Requesters.
    8. GIBBY has the authority to cancel transactions and / or hold funds in the event that: (i) the tracking number of goods delivered by Gibsters is not valid and / or allegedly not in accordance with the transactions that occur on the GIBBY Site; (ii) Gibsters sends Goods via courier / logistic services other than those provided on and connected with GIBBY Application; (iii) product details in the description are not the same with the product being sent; and / or (iv) if there is indication of transaction manipulation.
    9. Gibsters understands and declares that Gibsters Income Tax will be reported and managed by each Gibsters according to the applicable tax regulations both in Indonesia and/or in residence country of the Gibsters.
    10. If a dispute between Requesters and Gibsters cannot be settled by themselves, GIBBY has the authority to make decisions for unresolved transactions, by looking at the available evidence. GIBBY's decision is considered final, irrevocable, and binding.
    11. In the event that there is a difference in shipping costs charged by the courier due to Gibster’s miscalculation of weight, GIBBY has the authority to deduct the the shipping rate difference from the payment funds that will be transferred to Gibsters.
    12. For shipping purposes, Gibster must pack the goods properly. GIBBY is not responsible for any damage, deformation, dents, expiration, decay, odor, spill or incomplete other products during shipping caused by negligence in packaging and / or other reasons.
    13. Currently, we do not provide insurance services for shipping, though this might change in the future. Therefore, if you want to have goods insured during shipping, you can use insurance services provided by the courier and / or contact the insurance service company separately.


  4. PRICING

    1. Item prices in GIBBY Application is set by Gibsters. This price includes Gibster commission to purchase the goods.
    2. Both Requester and Gibster should understand and agree that there could be a potential incorrect price and/or other misinformation caused by the failure of Requester/Gibster to update their version of GIBBY application. Hence, the responsibility to update to the latest version of GIBBY application falls solely on both Requesters and Gibsters.
    3. Gibsters understands and agrees that incorrectly inputted Goods’ prices may cause price information or other information to be incorrect. This is solely considered the responsibility of Gibsters.
    4. Both Requester and Gibster understands and agrees that any issues and / or disputes that occur due to disagreements between Gibsters and Requesters regarding prices are not GIBBY’s responsibility.
    5. By placing an order through GIBBY, Requester agrees to pay the total payable fees as stated on the payment page, which consists of the price of goods including Gibster commission, shipping/courier costs, administrative fee (GIBBY admin fee), and processing fee/surcharge fee (applicable if Requester pays using credit card), and other costs that may arise and as described in the payment page. Requester agrees to make payments using the payment method previously chosen by the Requester.


  5. FEES

    1. Currently, GIBBY charges an administration fee of IDR 6,000 (Six Thousands Rupiah). GIBBY reserves the right to make adjustment or changes to this fee at any time with prior notice to the user of our application via email. In the event of a transaction cancellation, this admin fee will not be refunded.
    2. For transactions using Credit Card as payment method, an administrative fee of 3% will be incurred against the total payment to be made. In the event of a transaction cancellation, the credit card fee will be fully refunded to Requester and returned toward the limit of the credit card


  6. COURIER

    1. DELIVERY OF GOODS
      1. Delivery of goods must use courier company verified and listed by GIBBY.
      2. Courier or shipping service provider has full authority to determine provisions regarding shipping or delivery.
      3. Gibsters must fulfill all conditions set by the courier or shipping service provider, and responsible for each shipment or delivery.
      4. User understands and agrees that any problems that occur during the process of shipping or delivering goods by the shipping or courier service provider are the responsibility of the respective courier or shipping service provider.
      5. In the event of returning goods, both Requester and Gibster, are required to deliver goods directly to the respective Requester or Gibster. GIBBY does not accept returns or goods deliveries related with transactions made by Users under any circumstances. Costs incurred due to the process of returning goods is fully borne by either Requester / Gibster according to the agreement of both parties.
      6. Users can choose to use the GO-SEND as shipping method for goods purchase transactions through GIBBY application with the following conditions:
        • GO-SEND shipping costs listed on the shopping cart page are the total delivery cost, so Gibster and/or Requester do not need to pay for other additional costs other than the total costs.
        • User understands and agrees that other additional costs charged by GO-SEND couriers without going through the GIBBY payment system becomes personal responsibility of the User.
        • After payment has been made, Requester is prohibited from asking the assigned GO-SEND driver to send the item to another shipping address that does not match the one listed during checkout.
        • Users can complain about GO-SEND courier services directly through GO-SEND Call Center numbers (021) 5055 2220.
        • In the event of problems during delivery such as lost items, damaged goods, etc., the Gibster and/or Requester can report to GIBBY no later than 2x24 hours from the time of delivery, for investigation process to be carried out
    2. SHIPPING RATE
      Users understand and understand that GIBBY has done its best to provide accurate shipping rates based on location, but GIBBY cannot guarantee the accuracy of the data. The user understands and agrees that the difference in the cost of shipping the goods is beyond the responsibility of GIBBY, and therefore, it is Gibster's discretion to either cancel or continue to ship/deliver the Goods.


  7. CONTENT

    1. In using any Gibby features and/or services, Users are prohibited from uploading or using any words, comments, images or content that contain elements of ethnicity, religion, race, and inter-group relations, discrimination, demeaning or cornering others, vulgarity, threats, or other things that can be considered not in accordance with social values ​​and norms. GIBBY has the right to take necessary actions for violation of these provisions, including but not limited to the removal of content, account suspension, and others.
    2. Gibsters is prohibited from accessing the GIBBY application as a medium to advertise or carry out promotions on other websites/applications outside the GIBBY application. Gibsters is also not allowed to use photos / images of goods or store logos as a medium to advertise or carry out promotions to other sites outside GIBBY Application
    3. Gibsters is prohibited from providing personal contact data with the intention of conducting transactions directly to Requesters / prospective Requesters outside GIBBY. GIBBY has the right to penalize the violator in the form of suspending, blocking, or even deleting the accounts in this case.
    4. Naming of Goods must be carried out in accordance with detailed information, specifications, and conditions of the Goods, thus Users are not permitted to include names and / or words that are not related to the Goods.
    5. When a User posts contents in GIBBY Application, the User grants GIBBY non-exclusive rights, throughout the world, continuously, irrevocably, royalty-free, sublicensed (through several levels) the right to exercise any and all rights, copyright, publicity, trademark, database rights, and intellectual property rights that the User has in those contents, in any existing or future media. Furthermore, to be fully permitted by applicable law, User have no right to claim those rights from GIBBY.
    6. Users guarantee that they do not violate intellectual property rights in uploading User content to the GIBBY website or application. Each User hereby is deemed personally responsible for any violation of intellectual property rights in uploading content in GIBBY Application.


  8. WITHDRAWAL OF FUNDS

    1. Same bank withdrawals will be processed within 1x24 hours of working day, while interbank funds withdrawal will be processed within 2x24 hours of working days.
    2. For withdrawal of funds to account numbers outside the BCA and Mandiri Bank, any potential additional fee charged will be borne by the User.
    3. If there are suspicion or indication of violations of GIBBY Terms and Conditions, fraud, manipulation, or any other crime, GIBBY has the right to carry out inspection, suspension, delay and/or cancellation of funds withdrawals made by the User.
    4. Review, suspension, or delay of funds withdrawal as referred to in point 3 above can be carried out for as long as GIBBY requires.


  9. PROMO

    1. GIBBY may at any time conduct promotional activities (hereinafter referred to as "Promos") with Terms and Conditions that may differ in each Promo activity. Users are encouraged to read carefully the Promo Terms and Conditions.
    2. GIBBY has the right, without prior notice, to take necessary actions including but not limited to revocation of Promo, transactions cancellation, suspension of funds, removal of feedbacks/ratings, closure of accounts, and other matters if there is any indication of manipulation; intentional use of invalid tracking number, illegal use of the Promo for the sole benefit of the User, as well as indications of fraud or violation of the Terms and Conditions of GIBBY and relevant legal provisions applicable in Indonesia.


  10. COMPLAIN

    1. In the event of Requester raising a complaint, GIBBY will automatically hold payment of transactions to Gibster until the problem is resolved.
    2. Gibster and Requester are expected to provide evidence in the form of photographs, chattings, purchase receipts, shipment receipt, and other supporting evidence that can be used as proof for any argument related with the complain.
    3. Settlement of problems through GIBBY Complain feature can be in the form of solutions that are based on mutual agreement between the Requester and Gibster.
    4. If mutual agreement cannot be found, Gibster and Requester have the same right to request the assistance of the GIBBY, through the use of "Report" button that will appear on the Complain tab on the transaction status page.
    5. By using the report button to contact GIBBY, both Gibster and Requester understand and agree that, GIBBY is authorized to make decisions on the issue by reviewing the available evidences and/or requesting other evidence that must be submitted by each party.
    6. GIBBY also has the authority to mediate and/or make a decision to resolve the problem, even though one of the parties involved (Gibster or Requester) has not pressed the Report button, if in the case of:
      1. GIBBY receives information regarding the transaction from third parties, including couriers or shipping company that provide information regarding the updated or current status of package;
      2. Evidence from Gibster and/or Requester sent via other communication channels (e-mail, Customer Service, etc.) that need to be forwarded for transparency purposes;
      3. Reports from either one party due to negligence of the other;
      4. One party (Requester or Gibster) is indicated to commit fraud; or
      5. Other conditions that requires GIBBY to interfere immediately.
    7. Based on GIBBY decision in point 6 above, both Requester or Gibster have the right to appeal, within 1 day after the issuance of the GIBBY decision, on the condition that the party submitting an appeal must submit new evidence other than previously submitted evidence.
    8. Buyers and Sellers hereby agree that GIBBY's decision on an appeal is considered final and irrevocable that binds Gibster and Requester to comply.
    9. User understands that the Complain feature does not apply to used clothing products, foods, constraints relating to the taste, aroma and / or texture of the product, and all products in the list of types of goods that are prohibited from being traded on GIBBY applications such as those on the Terms of Conditions pages.
    10. Requesters and Gibsters understand and agree that in resolving issues through Complain's features, Gibster and Requester must provide responses within deadlines determined by GIBBY.
    11. Gibster and Requester understand and agree that the shipping costs incurred during the process of complaint resolution will be borne by either party and such decisions are based on evidence and/or mutual agreements between both parties. If Gibster and/or Requester are not willing to bear the shipping costs, then GIBBY has the authority to decide based on discussions and the available evidence.
    12. Requester understands and agrees that in the case of decision to return shipment or delivery to Gibster, if within a maximum of 2 working days (excluding national holidays, Saturday and Sunday) after Gibster gives the address, it is found that no return shipping is made by Requester, then GIBBY has the authority to decide based on discussions and the available evidence.
    13. Gibster understands and agrees that the delivery of replacement items for Requester must be made within a maximum of 2 working days (excluding national holidays, Saturday and Sunday) from the time tracking status of the courier/delivery company states that the Goods returned by Requester have been received by Gibster. If Gibster fails to meet this requirement, then GIBBY has the authority to make decisions based on the development of the discussion and evidence available.
    14. Gibster and Requester understand and agree that the deadline for providing evidence (including if a return address is required) is maximum 3 days from the date GIBBY requests Gibster and Requester to provide such evidence.