Legal and Privacy
GENERAL TERMS AND CONDITIONS OF USE OF WEBSITE
Overview
Updated to September 8, 2020
WELCOME TO WWW.JEVOCA.COM WEBSITE (HERIN AFTER THE WEBSITE)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE ”TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE.
The Terms of Use govern the access to, and use of, the Website and the services available through the Website (”Services”).
Use of the Website and of the Services implies the full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy , and acknowledgement of their relevant mandatory nature. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and indicate your acceptance during the registration, or subscription, process. If you (”User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with registering or using the Services
Jevoca reserves the right, at its sole discretion, to modify these Terms of Use from time to time, we will post the revised Terms of Use on this Website and update the ”Last Updated” date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Website and Services.
1. IMPRINT
1.1 The website and its contents are operated by Jevoca.
2. AGE
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual’s relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
3. REGISTRATION FOR, AND SUBSCRIPTION TO, SERVICES
3.1 You may register for, or subscribe to, our Services as available from time to time on the Website.
3.2 When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
3.4 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, Jevoca will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.
4. DURATION - TERMINATION
4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the registration or subscription process.
4.2 These Terms of Use, and any posted revision of these Terms of Use, shall remain in full force and effect for the entire duration of your use of the Website or of the Services.
4.3 You may terminate your registration for, or subscription to, the Website at any time atyour sole discretion, without reason, by sending an e-mail info@jevoca.com
4.4 Jevoca may immediately terminate your registration or subscription, or suspend it, at any time, in the event of any material breach by you of these Terms of Use, without prejudice to any other remedies provided by the applicable law. Jevoca will notify you about the termination or suspension, as applicable, by e-mail or ordinary mail and your registration or subscription details will be deactivated.
5. ELECTRONIC SERVICES
5.1 Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
5.2 You agree that we may contact you regarding the Services by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
6. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
6.1. This Website and all materials, text, code, content, software, graphics, photographs, illustrations, artwork, formats, files, devices and links contained in it or linked to it are protected by copyrights, trademarks and other intellectual property rights owned by or licensed to Jevoca.
6.2.Anyone accessing this Website is entitled to view any part of it for private and personal use. However, Content must not be used or reproduced (in whole or in part) for any other purpose including, without limitation, on or in connection with any other Website or publication, or for direct commercial gain.
7. SUBMITTED MATERIAL
7.1 You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to Jevoca through this Website or by other means (”Submitted Material”) is not considered confidential. By submitting the Submitted Material you grant to Jevoca a royalty free, non exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or products development purposes.
7.2 Jevoca is not required or will not be required in the future to:
(i) keep any Submitted Material confidential;
(ii) pay compensation for any use of the Submitted Material or in connection to it;
(iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
7.3 You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
7.4 By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of Jevoca to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, products development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
7.5 Jevoca retains the right to reject or delete any Submitted Material for any or no reasons, including Submitted Material that in our judgment violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
8. LINKS TO OTHER WEBSITES
8.1 This Website may contain links to other websites. Jevoca has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Jevoca of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
8.3 You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of Jevoca.
9. EXCLUSION OF WARRANTY
THIS WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE . JEVOCA PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABILE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
JEVOCA WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER JEVOCA CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND JEVOCA MAKES NO WARRANTY IN RESPECT OF THE SAME. JEVOCA RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
10. LIMITATION OF LIABILITY
Jevoca is liable without limitation for (i) damages caused by willful misconduct or with gross negligence by Jevoca, its legal representatives or executive staff and other assistants in performance; (ii) personal injury, damage to health and death caused intentionally or as a result of gross negligence on the part of Jevoca, its legal representatives or assistants in performance; (iii) damages caused by the absence of guaranteed characteristics, and (iv) claims under the Product Liability Act. Jevoca is liable for damages resulting from the breach of material contractual obligations by Jevoca, its legal representatives, executive staff or other assistants in performance; material contractual obligations are such duties whose fulfillment is a basic condition for contract performance, whose breach jeopardizes the achievement of the purpose of the contract and the fulfillment of which the contracting party may regularly expect (so called cardinal duties). If the breach occurred through simple negligence, then Jevoca’s ensuing liability shall be limited to the amount which was foreseeable by Jevoca at the time the respective action was performed. Jevoca shall not be liable for breaches of non-material contractual obligations through simple negligence.
11. INDEMNITY
12.1 You agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein and/or if any Submitted Material that you transmitted through the Services causes our liability to a third party.
12. GOVERNING LAW - VENUE
These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with Taiwan law.
GENERAL CONDITIONS OF SALE
1. GENERAL PROVISIONS
1.1. These general conditions of sale (“General Conditions”) apply to all sales of Jevoca products (“Products” or “Product”) through the website www.jevoca.com (“Website”).
1.2. The sale of Products under these General Conditions is only available to consumers (“Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18.
1.3. The language used to enter any contract of sale through this Website is English.
1.4. Clients are required to read carefully these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them.
2. VENDOR
The vendor is Jevoca Co., Ltd..
3. INFORMATION ON PRODUCTS AND THEIR AVAILABILITY
3.1. Information on Products and relevant prices are available on the Website.
3.2. Jevoca reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Products; Jevoca is not liable towards the Client in case of unavailability of the Products prior to the execution of the contract.
3.3. In no case Jevoca shall be liable for errors occurred due to failure of the Client’s connection to the Website.
4. PRICE
The prices of the Products are indicated on the Website in Euro and are inclusive of all applicable taxes and charges. Delivery costs, if required, shall be added to the price of the Products and will be indicated separately on the order form.
Jevoca regularly verifies that prices of the Products displayed on the Website are correct; however, Jevoca cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Jevoca shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Jevoca will also offer the Client the opportunity to cancel the order.
5. EXECUTION OF CONTRACT
5.1. The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Jevoca.
5.2. Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to possible delivery charges, the right of withdrawal conditions and the privacy policy statement), along with these General Conditions.
5.3. To purchase the Products, Client must (i) include the selected Products in the “Shopping Cart” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Jevoca through the Website.
5.4. Sending of the order constitutes a proposal to purchase the selected Products, regulated under these General Conditions and binding for the Client, with no prejudice to the withdrawal right under Section 10. The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Products.
5.5. Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Cart”).
5.6. The order proposal and the Client’s data related to that order proposal will be kept by Jevoca for the period required by applicable legislation, as provided under the privacy policy. On the base of Jevoca’s legitimate interest we can use personal data provided by You to make a purchase as a Guest to make a classification of our Guest profiles with reference to the amount of the purchases, purchases frequency, number and type of product purchased, country of billing and shipping, returns made.
5.7. An order proposal may be refused by Jevoca within 30 days of receipt of the same. In that case, no consideration shall be due by the Client to Jevoca, Jevoca may refuse an order proposal in the following events (by way of example but without limitation):
(i) the Products are not available (with no prejudice to the provision set out under Section 3.3); or
(ii) a reported, or suspected, fraudulent or illegal activities; or
(iii) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Jevoca.
5.8. The contract between Jevoca and the Client is executed upon receipt by the Client of the acceptance by Jevoca of the order proposal (“Order Confirmation”). The acceptance (or the refusal) by Jevoca shall be sent to the Client via e-mail at the address provided by the Client in the order proposal.
5.9. In case of unavailability of one or more of the Products, the Client will receive an email duly informing him about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
5.10 The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalized Products, the address to which complaints may be addressed, information on support services and on existing commercial terms, if any, and a copy of these General Conditions.
5.11. Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 10 below.
5.12. The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Products.
6. PAYMENT
6.1. Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be paid by the Client by credit card, PayPal or by bank transfer.
6.2. Jevoca accepts payments made with the following credit cards:
Visa;
MasterCard;
American Express.
6.3. The transactions will be debited from the Client’s credit card only after:
(i) the credit card data has been verified;
(ii) the authorization to debit the card has been received from the issuer of the card used by the Client, and
(iii) the availability of the Products has been confirmed by Jevoca.
6.4. In some instances that will be notified to the Client before he/she is able to submit the order proposal, the transaction will be debited from the Client’s credit card only after:
(i) the credit card data has been verified; and
(ii) the authorization to debit the card has been received from the issuer of the card used by the Client.
6.5. Except as provided for in Section 6.4, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well.
6.6. Jevoca also accepts payments made by bank transfer to the following XXXXXXXXXXXXXXXXXXXX. All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, to the Client by the bank, shall be borne by the Client. Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation.
6.7. In the event that, for any reason, it is impossible to debit the amount due by the Client within the due deadline (see Section 6.6 above), the contract will not be executed and the order will be cancelled.
6.8. For each order, Jevoca shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
7. DELIVERY
7.1. The purchased Products shall be delivered by a courier service selected by Jevoca (“Courier”) on working days. Products shall be delivered to the address indicated by the Client in the order proposal. Jevoca shall not deliver to PO Boxes.
7.2. Except if a force majeure event or unforeseeable circumstance occurs, purchased Products shall be delivered within 60 (sixty) days of the date indicated in the Order Confirmation. In case the delivery has not occurred within the above indicated term, the Client be entitled to repudiate the Contract and Jevoca shall, without undue delay, reimburse all sums paid under the Contract.
7.3. At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to:
(i) verify that the number of items being delivered corresponds to that indicated on the delivery note;
(ii) verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner;
(iii) sign the delivery note; and
(iv) if requested by the Courier, show his/her ID.
Any damages to the packaging and/or the Products, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel, provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 13 below.
7.4. Delivery charges, if required, shall be borne by the Client and will be indicated separately on the order form and invoice.
8. DISPATCHING AND DELIVERY CONFIRMATION
Jevoca shall send to the Client a shipping confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.
9. RIGHT OF WITHRAWAL
9.1. The Client has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Client (or the representative duly authorized to receive the Products) obtains the physical possession of the Products and in case of partial deliveries, the last Product.
9.2. Excluded from those products are Personal Protective Equipment such as surgical masks, civil masks, respirators, gowns, coveralls, gloves, face-shields, goggles, disinfectants, due to the nature of those products.
9.3. To exercise the right of withdrawal of other products, the Client shall, within the term mentioned under Section 9.1, send by email.
9. Within 14 (fourteen) days of the communication of withdrawal, the Client shall return the purchased Products to Jevoca. The deadline is met if the Client dispatches the goods before the respective period is expired. For the purpose of retiring the purchased Products the Client shall directly approach DHL EXPRESS customer services by phone for the Products to be picked up from the Client. Other means of return are excluded. Save as otherwise stated on the Website, delivery costs for returning the Products, including costs for the telephone call to DHL EXPRESS, shall be done by the Client. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the even of any diminished value of the Products resulting from the handling of the goods by the Client other than what is necessary to establish the nature, characteristics and functioning of the goods, Jevoca reserves the right to refuse the return of the Products.
9.5. Jevoca shall reimburse all payments received from the Client, including the costs of delivery, if any, within14 (fourteen) days of the day on which Jevoca has received the Products back, or the Client has supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by Jevoca using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement.
10. PERSONAL PROTECTIVE EQUIPMENT
The right of withdrawal does not apply to orders for Personal Protective Equipment such as surgical masks, civil masks, respirators, gowns, coveralls, gloves, face-shields, goggles, disinfectants, due to the nature of those products.
11. REPLACEMENT OF PRODUCTS
11.1. Without prejudice to the Client’s rights according to Sections 10 and 13, and with the exception of personalized Products, Jevoca allows in any case the Client to replace Products purchased on the Website, pursuant to the following procedure:
(I) once the Products are received, the Client shall promptly contact Jevoca by email at info@jevoca.com .
(II) no later than 14 (fourteen) days from the date of delivery of the Products, the Products to be replaced must be returned by the Client to Jevoca in their original conditions as when delivered, along with the labels attached to the Products and the form indicated under point 11.1 (II) above. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client.
11.2. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Client other than what is necessary to establish the nature, characteristics and functioning of the goods, Jevoca reserves the right to refuse the exchange of the Products.
11.3. The amount paid by the Client shall be reimbursed by Jevoca, through the same payment method used by the Client for the initial purchase, within 14 (fourteen) days after the returned Products have been delivered to Jevoca.
11.4. The replacement will be accepted by Jevoca subject to the availability of the new Products requested.
11.5. The replacement will be processed by Jevoca as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order. In particular, if the Products that the Client wishes to exchange have been initially paid by credit card, Jevoca will first refund the price initially paid by the Client and then will charge the price of the new requested Products pursuant to Section 6.3 above. If the initial payment was made by bank transfer and the price of the new requested Products is the same as the price paid by the Client for the Products he/she wishes to exchange, Jevoca will withhold the initial sum paid by the Client; if the price is different, Jevoca will refund – or request the Client to pay – the difference, as the case may be.
12. LACK OF CONFORMITY
12.1. If a Product sold by Jevoca has manufacturing defects or an alleged lack of conformity, the Client will contact the online support by email to the following address:
info@jevoca.com
12.2. The Client has the right to have the Products brought into conformity, free of charge, by repair or replacement, at Client’s choice but subject to Jevoca’s right to refuse the Client’s choice in case of disproportionate costs, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the Products, or the contract cancelled. In any event, actions intended to assert a lack of conformity not maliciously concealed by Jevoca shall automatically lapse 24 (twenty four) months after the delivery of the Products.
12.3. In the event the Client is seeking the Products to be repaired or replaced due to lack of conformity pursuant to this Section 12, delivery costs for returning the Products to be repaired or replaced shall be borne by Jevoca, as well as any costs related to the delivery to the Client of the repaired or replacing Products.
13. GUARANTEE OF AUTHENTICITY
Jevoca guarantees the authenticity of all Products purchased on the Website.
14. APPLICABLE LAW AND JURISDICTION
These General Conditions and, therefore, the Contracts executed with the Clients, are governed by and must be interpreted in accordance with Taiwan laws without recourse to its conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods, CISG.
15. CONTACT
For further information and assistance you may contact Jevoca at one of the following contacts:
info@jevoca.com