J-MARKET – TERMS AND CONDITIONS 28/05/2020
Last updated: May 28, 2020
Welcome to J-MARKET.
J-MARKET and/or its affiliates (“J-MARKET“) provide various products and services to you when you visit or shop at J-MARKET, use J-MARKET products or services, use J-MARKET applications for mobile, or use software provided by J-MARKET in connection with any of the foregoing (collectively, “J-MARKET Services”). J-MARKET provides the J-MARKET Services subject to the following conditions.
By using J-MARKET Services, you agree to these conditions. Please read them carefully.
We offer a wide range of services, and sometimes additional terms may apply. When you use our Services and/or buy our products/goods you also will be subject to the guidelines, terms and agreements applicable to that J-MARKET Service/Product (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use J-MARKET Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other J-MARKET Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any J-MARKET Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of J-MARKET or its content suppliers and protected by Ireland? [insert country] and international copyright laws. The compilation of all content included in or made available through any J-MARKET Service is the exclusive property of J-MARKET and protected by Ireland? [insert country] and international copyright laws.
TRADEMARKS – do we have any trademarks?
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any J-MARKET Service are trademarks or trade dress of J-MARKET in Europe and other countries. J-MARKET‘s trademarks and trade dress may not be used in connection with any product or service that is not J-MARKET‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits J-MARKET. All other trademarks not owned by J-MARKET that appear in any J-MARKET Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by J-MARKET.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, J-MARKET or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the J-MARKET Services. This license does not include any resale or commercial use of any J-MARKET Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any J-MARKET Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by J-MARKET or its licensors, suppliers, publishers, rightsholders, or other content providers. No J-MARKET Service, nor any part of any J-MARKET Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of J-MARKET. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of J-MARKET without express written consent. You may not use any meta tags or any other “hidden text” utilizing J-MARKET‘s name or trademarks without the express written consent of J-MARKET. You may not misuse the J-MARKET Services. You may use the J-MARKET Services only as permitted by law. The licenses granted by J-MARKET terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own J-MARKET account to use certain J-MARKET Services and buy certain products, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. J-MARKET may from time to time sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the J-MARKET Services only with involvement and full consent of a parent or guardian. Parents and guardians may create profiles for teenagers in their J-MARKET Household.
J-MARKET reserves the right to refuse service, terminate accounts, terminate your rights to use J-MARKET Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT (I am thinking testimonials – not sure if people can pot reviews/comments etc)
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. J-MARKET reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant J-MARKET a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant J-MARKET and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify J-MARKET for all claims resulting from content you supply. J-MARKET has the right but not the obligation to monitor and edit or remove any activity or content. J-MARKET takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
J-MARKET respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us.
RISK OF LOSS
All purchases of physical items from J-MARKET are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
J-MARKET does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, J-MARKET does not take title to the refunded item. In the event that the goods supplied are not if useable quality, its liability shall be limited to:
- replacement of the Product concerned; or
- at the option of J-Market, reimbursement of the pric
J-MARKET attempts to be as accurate as possible. However, J-MARKET does not warrant that product descriptions or other content of any J-MARKET Service is accurate, complete, reliable, current, or error-free. If a product offered by J-MARKET itself is not as described, your sole remedy is to return it in an unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller which is displayed at the time of your order.
With respect to items sold by J-MARKET, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by J-MARKET is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any J-MARKET Service if you are the subject of European and/or U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using J-MARKET Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including J-MARKET Software), technology, and services.
Parties other than J-MARKET operate stores, provide services or software, or sell product lines through the J-MARKET Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from J-MARKET. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). J-MARKET does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE J-MARKET SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE J-MARKET SERVICES ARE PROVIDED BY J-MARKET ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. J-MARKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE J-MARKET SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE J-MARKET SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE J-MARKET SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, J-MARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. J-MARKET DOES NOT WARRANT THAT THE J-MARKET SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE J-MARKET SERVICES, J-MARKET‘S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM J-MARKET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, J-MARKET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY J-MARKET SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY J-MARKET SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any J-MARKET Service, or to any products or services sold or distributed by J-MARKET or through J-MARKET will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Laws of Ireland apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any J-MARKET Service, you agree to be bound by the laws of Ireland.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
INSERT CONTACT DETAILS – IS IT JOSHUA CONTACT DETAILS?
ADDITIONAL J-MARKET SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with J-MARKET Services (the “J-MARKET Software”).
Use of the J-MARKET Software. You may use J-MARKET Software solely for purposes of enabling you to use the J-MARKET Services as provided by J-MARKET, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the J-MARKET Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the J-MARKET Software in whole or in part. All software used in any J-MARKET Service is the property of J-MARKET or its software suppliers and is protected by European and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the J-MARKET Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the J-MARKET Software at any time and without notice to you.
Conflicts. In the event of any conflict between these Conditions of Use and any other J-MARKET or third-party terms applicable to any portion of J-MARKET Software, such as open-source license terms, such other terms will control as to that portion of the J-MARKET Software and to the extent of the conflict.
Governing Law. These conditions of sale shall be governed by Irish law.