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Terms & Conditions

JONATHAN JUSTIN TERMS & CONDITIONS
 
  1. INTRODUCTION

Welcome to the jonathanjustin.net website. Your use of this site is subject to certain terms and conditions of use (these “Terms”) see below. These terms are important for both you and the company as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. BY USING THIS SITE AND/OR PLACING AN ORDER FROM THIS SITE, YOU ARE ACCEPTING THESE TERMS AND AGREEMENTS OF OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS. YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE.

These Terms constitute an agreement between you ( Hereinafter, “you” or “your”) and ITX USA LLC, limited liability company organized under the laws of the State of California doing business as JONATHAN JUSTIN (hereinafter, “us,” “our,””we,” “JONATHAN JUSTIN” or the “Vendor”), in relation to your use of the Website, the goods/services offered and sold through this website, and any orders you place through the Website (collectively, the “JONATHAN JUSTIN” Services.) Before you place an order, please carefully read these terms and or privacy policy.

If you have any questions about the Terms or the Privacy Policy, you may contact us through the web form.

  1. USE OF OUR WEBSITE
You agree that:
  1. You may only use the Website to make legitimate inquires orders.
  2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
  3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary.
  4. If you do not give us all of the information that we need, we may not be able to complete your order.
  5. You will not attempt to interfere or interfere in any way with the Sites or our networks or network security, or attempt to use the Sites service to gain unauthorized access to any other computer system.
  6. You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
  7. You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.
  8. By placing an order through this Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

3.  SERVICE AVAILABILITY

Items offered through this website are only available for delivery to residents of the United States. At this time we are unable to deliver to APO addresses and US territories.

4. HOW PURCHASE CONTRACTS ARE FORMED

No contract (“Contract”) in respect of the purchase of offered on the Site shall exist between you and us until your order has been accepted by us and we send you the shipment confirmation (Defined Below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the “Authorize Payment” button to submit the order. After this you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the (“Shipment Confirmation”). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

  1. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event if supply difficulties or because products are no longer in stock. We reserve the right to give you information about substitute products of an equal or higher quality and value which you can order.
  1. REFUSAL OF ORDER
We reserve the right to withdraw any product from this Website at any time and/ or remove or edit any materials or content on this Website. While we will take reasonable efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this Website or for refusing to process or accept an order after we have sent the Order Confirmation.
  1. REFUNDS AND RETURNS

We guarantee to refund any item you are not completely happy with within 7 days as of the confirmation of retrieval. You shall receive a full refund of the price paid for the products (less shipping) in accordance with our Return Policy. Refunds will be credited to your original method of payment.
Your right to a refund only applies to products(s) that are returned in the same condition as you received them. Any product which is damaged or not in the same condition as you received will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.

You will not have any right to cancel a contract, or return the any of the following products:

  1. Customized items
  2. Pierced jewelry, or any hygienic sealed items that have been removed.
Please take good and reasonable care of the products(s) while they are in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return of the product(s).
  1. DELIVERY
Subject to the provisions of clause 5 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the shipment confirmation by the delivery date set out in the shipment confirmation or, if no estimated delivery date is specified.
Reasons for delay could include:
  1. Customization of products;
  2. Specialized items;
  3. Unforeseen circumstances;
  4. Delivery area
  5. including backorder items
If for any reason whatsoever, we cannot meet the delivery date, you will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or canceling the order with a full refund of the price paid. Please note however, that we do not deliver on Sundays. For signature required deliveries, we will make three attempts to deliver your parcel before initiating a return. For the purpose of the Terms, the “delivered” upon signing for receipt of the products at the agreed delivery address. 
  1. UNABLE TO DELIVER
If we are unable to deliver the goods, we will try to find a safe secure place to leave your parcel. Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse.
  1. RISK AND TITLE
The products(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery.
  1. PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our Website, except where there is an apparent error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any products(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the products(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time, but any potential change will not affect any order for which an Order confirmation has been sent, therefore price adjustments on previous orders are not permitted.

We follow all applicable sales tax regulations for the jurisdictions where we do business. Sales tax is charged (if applicable) according to the shipping address of your order. Once you have finished shopping, all the items you wish to purchase are added to your basket.

Your next step will be to go through the checkout process and make payment.

To do this:

  1. Click the “Shopping Cart” button at the top of the page.
  2. Review items
  3. Click Process order
  4. Fill in or check your contact details, the details of your order, the delivery address and the invoicing address.
  5. Fill in your credit card details.
  6. Click the “Authorize payment” button.

Payment can be made Visa, MasterCard, American Express, PayPal and Discover Card. To minimize the possibility of unauthorized access, the detail of your card will be encrypted. The amount of your order has been received and is in the process of being sent to address given. By clicking on the “Authorize Payment” button, you are confirming that the credit card is yours or that you are the legitimate owner of the gift card or the voucher card. Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

If payment is made via PayPal, the amount will be charged upon confirmation of your order.

  1. EXCHANGES/RETURNS POLICY

Returns in the exercise of the right to cancel your purchase.

General Policy: If you wish to receive a refund within the period specified in Clause 7 above, you can make a return to “JONATHAN JUSTIN” Warehouse address listed on our website. You should send the product in the same package received (less shipping) and to include the tracking information and the tracking number to us via email. You will be responsible for the cost of returning the product to us. Please note that if you return the goods to us at our expense, we will be entitled to charge you for the direct cost we might incur as result.

For a product exchange, you must present as it was given, including all original boxing, instructions/documents and wrapping. After reviewing the product, we will let you know whether or not you have a right to a refund. We will process your refund as soon as possible within 30 days of the date returned goods have been received.

We will refund any money received from you using the same method used to make payment. If your card expired before we process your refund, please contact our customer service team with your order number, zip code and new card details. For security reasons, we cannot accept this information via email.
Such products which are not in the same conditions as those of delivery or which have been used beyond the mere opening shall not be exchanged or refunded.

Returns of defective products
In circumstances where you consider that the product does not conform to your order, you should promptly contact us via our web form or directly through our office with details of the product and its damage. You may return the product to our warehouse address upon agreement of a proficient and logical defect sent by a carrier such as UPS, FEDEX, Etc……Please include tracking information.

  1. LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product.
We publish information on this Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make correction and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in this site will be available for the purchase of all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OUR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  1. INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK INFRINGEMENT

This sire, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages is property of JONATHAN JUSTIN or that of our suppliers or licensors and it is protected by patent, trademark, and or copyright under the UNITED STATES and or foreign laws. These terms are prohibited of use under any circumstances without any permission, which includes download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in Whole or in part for any public or commercial purpose without the specific written permission of JONATHAN JUSTIN. IF THIS CLAUSE IS HEREBY VIOLATED, ALL PARTICIPATING PARTIES WILL BE PERSECUTED UNDER CALIFORNIA LAW. ALL PARTIES RESPONSIBLE FOR COPYRIGHT AND TRADEMARK INFRIGEMENT WILL BE LIABLE FOR THE DAMAGES ENSUED.

We grant you a personal, limited, non exclusive, non-transferable license to access the Sire and use the information and services contained on the site. We may impose rules for and limits on is of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and or limitations at any time in our sole discretion.

As between you and JONATHAN JUSTIN,(or any other company whose marks appear on the Site), JONATHAN JUSTIN is the owner and or authorized user of any registered or unregistered trademark, trade name and or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site. The JONATHAN JUSTIN logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress, and or other intellectual property is owned by JONATHAN JUSTIN and may be registered in the United States and internationally. You agree not to display or use the JONATHAN JUSTIN Intellectual property in any matter without JONATHAN JUSTIN prior permission. Nothing on the Site should be construed to grant any license or right to use any JONATHAN JUSTIN Intellectual property without the prior consent from JONATHAN JUSTIN. Use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials in whole or in part. Any commercial use of this Site is strictly prohibited except allowed herein or otherwise approved by us. You may not download or save a copy of any Materials or screens for any purpose except as otherwise provided by JONATHAN JUSTIN. If you make use of the Site either than as provided herein, in doing so may violate copyright and other laws of the United States and or other countries as well as applicable state laws, you may be subject to liability for such unauthorized use. The information including but not limitation to, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including but not limited to copyright law.

This does not prevent you from using this website to the extent necessary to make a copy of any order.
 

  1. COPYRIGHT AND TRADEMARK INFRINGEMENT
If you believe a work on the Site constitutes infringement of your copyright, trademark or intellectual property rights please provide our Agent with a written communication containing the following information:
  1. Evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark.
  2. A description of the copyrighted work or trademark that you claim had been infringed
  3. A description of where the infringed material is on the site
  4. Your address, telephone number and email-address;
  5. A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on owners behalf
  6. Your physical or electronic signature

  16. WRITTEN COMMUNICATIONS

When using our site, to accept that communication with us, it will be mainly electronic. We will contact you by mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices information and other communications that we provide to you electronically comply with any legal requirement that such communication be in writing.

  1. REGISTRATION
If you would like to be part of our private list you will have to complete an online registration form. You agree that all information which you submit is true and complete and that you will update your registration information to keep this information true and complete.
  1. BINDING NATURE; ASSIGNMENT

These terms and our Privacy Policy are binding on you and us and on our respective heirs, successors and assigns, You may not transfer, assign charge to otherwise dispose of these Terms or our Privacy Policy, or any other of your rights or obligations arising under it, without our prior written consent. We may transfer, assign charge, sub-contract or otherwise dispose of these Terms and or Privacy Policy, or any of our rights or obligations arising under them, at any time.
19. OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and amend these Terms at any time. You will be subject to the Terms and JONATHAN JUSTIN policies in force at the time that you order products from us unless any change to those policies, Terms and Privacy Policy is required to be made by law or government authority, in which case it will apply to orders previously placed by you.

  1. LAWS AND JURISDICTION
Any disputes arising out of or relating to these Terms, PRIVACY POLICY, use of the Site, the products sold on the Site, and the services offered via the Site shall be resolved in accordance with the laws of California, without regard to its conflict of law rules. Any disputes actions or proceedings relating to this Agreement or your access to or use of the Site must be brought in the Federal or state courts of the state of California and you irrevocably consent to exclusive jurisdiction and venue of such courts. JONATHAN JUSTIN makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the UNITED STATES. Access to the Content may not be legal by certain persons or in certain countries, if you access the Site from outside the UNITED STATES, do so at your risk and you are responsible for compliance with the laws of jurisdiction.
  1. QUESTIONS AND FEEDBACK
Questions, comments and feedback are welcomed. Please send all questions, comments and feedback to us via our web form.

 

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