Условия за използване на услугата
General terms and conditions of business
Overview
This website is operated by Jaze. Throughout the website, the terms "we", "us" and "our" refer to Jaze. Jaze offers this website, including all information, tools and services available on this website, to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices set forth herein.
By visiting our website and/or purchasing something from us, you are using our "Service" and you agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including any additional terms and policies mentioned herein and/or available via hyperlink. These General Terms and Conditions apply to all users of the website, in particular users who are visitors, suppliers, customers, dealers and/or content creators.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to these terms and conditions. If you do not agree to all of the terms and conditions of this Agreement, do not access the Website or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools added to the current store will also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
1. Conditions for the online shop
By agreeing to these Terms and Conditions, you represent that you are at least the legal age in your country of residence, or that you are the legal age in your country of residence and have given us your consent to allow your dependents who are minors to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, by using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any other code of a destructive nature.
Violation of or breach of any of these Terms will result in immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to any person at any time for any reason.
You acknowledge that your information (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) modifications to conform and adapt to the technical requirements of any connected network or device. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, use or access any part of the Service, use of the Service or any contact on the website through which the Service is offered without our express written permission sell, resell or exploit.
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
3. Accuracy, Completeness and Timeliness of Information
We are not responsible if any information provided on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without checking primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your convenience only. We reserve the right to change content on this website at any time, but we have no obligation to update any information on our website. You agree that you are responsible for monitoring changes to our website.
4. Changes in service and prices
The prices of our products are subject to change without prior notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
Shopify shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
5. Purchase process - conclusion of the individual purchase contracts
5.1. The presentation of the products on the site, which is not binding on the seller, is merely an invitation to the consumer to make a contractual purchase offer and does not constitute an offer to the public.
5.2. The order submitted by the consumer to the seller through the website constitutes a valid contractual purchase offer and is governed by these General Terms and Conditions, which form an integral part of said order; by placing an order with the seller, the consumer undertakes to accept the same without reservation and in full. Before proceeding with the purchase of the products by submitting the order, consumers are invited to carefully read these general terms and conditions, which refer to the notice on the right to object. Consumers are also encouraged to verify their personal information and correct any errors.
5.3. The consumer's order is accepted by the seller by sending the consumer an e-mail with the order confirmation to the address provided to the seller when registering on the website or, if the consumer has not registered on the website, within the framework of the order process was mentioned; the e-mail will contain the text of these General Terms and Conditions, a summary of the order placed and a description of the product characteristics.
5.4. Any contract for the purchase of products is considered concluded when the consumer receives the order confirmation from the seller by e-mail.
6. Product Selection and Purchase Process
6.1. The products presented on the website can only be purchased by the consumer selecting the respective products and adding them to his virtual shopping cart. In order to purchase the products selected and added to the shopping cart, once this selection has been completed, the consumer will be asked to (i) register on the website by providing the requested details, or (ii) log in if he is already registered registered, or (iii) to provide their data in order to complete the order and conclude the contract. If the information on the order differs from the information provided when registering on the site, the consumer will be asked to provide the information (for example, among others: first name, last name, etc.), as well as the delivery address for the selected products, the billing address and optionally confirm the phone number at which the consumer can be reached regarding the purchase made. A summary of the order to be processed is displayed to the consumer and he can modify its content: at this point the consumer must read carefully the general conditions and expressly accept them by ticking the appropriate box and finally validate the order by clicking on the "Place Order" button clicks; this will send the order to the seller, which is the reason given in paragraph 3.2. consequences described in this contract. The consumer is also asked to make a choice from the available delivery options and payment methods. If the consumer chooses to pay immediately by credit card, PayPal or instant bank transfer, they will be asked to provide the relevant details via a secure SSL connection. The seller reserves the right to verify the personal information provided by the consumer for billing and administrative purposes. When paying by credit card, the consumer will not be charged the purchase price until the seller sends the actual order confirmation.
6.2. If, during the process of selecting products on the website (see point 4.1), the consumer notices that the price of one or more of the products that he or she would like to select for the next purchase is significantly lower than the usual price, minus any even discounts and/or special offers in force, since a technical problem has obviously occurred on the site, he is asked not to proceed with the ordering process and to inform the seller's customer service that there is a technical error, by email to the address info@ jazeswim.com.
6.3. If the Consumer has completed his order and it contains a product whose price is significantly lower than the usual price, net of any discounts and/or special offers currently in force, because a technical problem has obviously occurred on the website:
if the consumer has not yet received the product, the seller will arrange for (i) cancellation of the order - as a result, the delivery will not take place, but the consumer will receive an e-mail about this to the address that he gave when placing the order - and (ii) refund the consumer the payments made for the canceled order, including shipping costs, immediately and in any case no later than 14 days after the cancellation of the order, using the same means of payment that the consumer used for used the initial transaction;
if the consumer has received the product, the seller will immediately inform the consumer via email of the error that occurred during the order process and offer the consumer as an alternative (i) the difference between the correct price for the product and the incorrect price stated in the order price, within 5 (five) days at the latest, by one of the payment methods available on the website, or (ii) cancel the order according to the instructions contained in this link and return the product to the seller at his expense within 14 (fourteen) days to the following address: Jaze – Christian Gabrilo-Wilfinger Wagerberg 119, 8271 Bad Waltersdorf, AUSTRIA, in perfect condition, with all its parts and accessories (including labels, tags intact and attached to the product), instructions included /leaflets/user manuals, in the original packaging, with guarantee card. If the consumer chooses the solution referred to in point (b) (ii), the seller will reimburse the consumer for the payments made for the canceled order, including shipping costs, immediately and in any case no later than 14 days after cancellation of the order, using the same means of payment that the consumer used for the initial transaction.
7. Right of Withdrawal - Notification
7.1. The consumer has the right to withdraw from any contract concluded in accordance with these general terms and conditions within 14 (fourteen) days (i) from the day on which the product was delivered or (ii) if there are several products within the same order delivered separately, to withdraw from the date the last product was received without incurring any penalty.
7.2. In order to exercise the right of withdrawal, the consumer must inform the seller of the consumer's decision before the expiry of the period referred to in paragraph 10.1 above by sending an explicit statement of withdrawal to the seller's customer service (info@jazeswim.com) using the withdrawal form.
Extended return policy for Christmas: Items purchased between November 15th and December 25th can be returned until January 31st.
7.3. After he has given the instructions in paragraph 10.2. has met the requirements set out above, the consumer will receive a cancellation confirmation email and instructions on how to return the product. The consumer must, within the next 14 (fourteen) days at the latest, return the products to the following address:
jaze
Christian Gabrilo Wilfinger
Wagnerberg 119
8271 Bad Waltersdorf
AUSTRIA
7.4. If the consumer has already received the product, he must return it to Jaze without undue delay and in any case within 14 days from the day on which notification of this withdrawal was given. The deadline is met if the consumer sends back the goods before the 14-day period has expired. All shipping risks and direct costs incurred in returning the products are borne by the consumer.
7.5. If the consumer withdraws from this contract, he will be reimbursed by the seller for all payments received from him, including delivery costs (except for the additional costs incurred if a delivery method other than the cheapest standard delivery method provided by the seller offers), without undue delay and in any case no later than 14 days after the consumer has exercised his right of withdrawal. The seller will make these refunds using the same payment method that the consumer used for the original transaction, unless the consumer asks to use a different payment method for the refund, in which case the consumer shall bear any additional fees incurred as a result the choice of this method. The seller may withhold the refund until he has received the returned goods or the consumer has provided proof of postage of the goods, whichever is earlier.
7.6. The consumer is liable for any diminished value of the goods resulting from the goods being handled in excess of what is necessary to establish the nature, characteristics and functioning of the goods and/or in a manner contrary to that stated on the product label. Therefore, if the returned goods are found to be damaged (e.g. showing signs of use or wear, nicks, scratches, deformation, etc.), not containing all parts and accessories (including unaltered tags still attached to the product), does not include the supplied instructions/notes/manuals, the original packaging and packaging and the original warranty, where applicable, the consumer is responsible for the depreciation of the product and is only entitled to a refund of an amount equal to the remaining value of the product. For this reason, consumers are strongly advised not to handle the product more than is strictly necessary to verify the nature, characteristics and functioning of the same, and to use the original packaging of the products and other protective packaging to keep them intact and before Lettering and labeling are protected.
7.7 The seller does not exchange goods. The consumer can return the order and get a refund and then order a new size. No authorization is required for exchanges as we treat returns and exchanges separately. This is the quickest and most efficient way to get the right size.
7.8 The seller does not assume any shipping costs related to returns and duties and other charges. All costs of returning items to us are the responsibility of the consumer. The choice of the method of delivery by which the consumer returns the package to the seller is entirely up to the consumer. The only case in which the seller covers the shipping costs is in the case of a faulty or incorrectly booked item for up to 10 euros.
8. Products
Certain products may only be available online through the website. These products may only be available in limited quantities and are only subject to return or exchange in accordance with our returns policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the shop. We cannot guarantee that your computer screen will display every color correctly.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to withdraw any product from the range at any time. Any offer for any product made on this site is void where prohibited.
We do not guarantee that the quality of any product, service, information or other material purchased or acquired by you will meet your expectations, or that errors in the service will be corrected.
9. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel purchase quantities per person, per household or per order. These restrictions may include orders placed by or under the same customer account or credit card and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit any orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please read our return policy.
10. Additional Tools
We may provide you with access to third party tools over which we do not monitor, control or influence.
You agree that we are providing access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising out of or related to your use of any additional third-party tools.
Any use of any additional tools offered through the Website is at your own risk and discretion and you should ensure that you agree to the terms on which the tools are made available by the relevant third party(s). are familiar with and agree with them.
We may also offer new services and/or features through the Website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these Terms and Conditions.
11. Third Party Links
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy, and we do not guarantee and have no liability or responsibility for any materials or websites, or for any other materials, products or services provided by third parties.
We shall not be liable for any damages related to the purchase or use of any goods, services, resources, content or any other transaction made in connection with any third-party website. Please read the third party's policies and practices carefully and ensure you understand them before proceeding with any transaction. Complaints, claims, concerns, or questions regarding Third Party Products should be directed to the third party.
12. User Comments, Feedback and Other Submissions
If you submit, at our request, certain Submissions (e.g., Contest Entries) or creative ideas, suggestions, proposals, plans, or other materials that we have not requested, online, by email, by post, or otherwise (collectively, "Comments" referred to), you agree that we may edit, reproduce, publish, distribute, translate and otherwise use any comments that you submit to us, in any medium, at any time and without restriction. We are not and will not be obligated to (1) keep Comments confidential, (2) pay any fee for Comments, or (3) respond to Comments.
We may, but are not authorized to, monitor, edit or remove any Content that we determine, in our sole discretion, to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringing on any party's intellectual property or these Terms of Service obligated.
You agree that your comments will not violate any right of any third party, including but not limited to copyright, trademark, privacy or publicity rights or any other personal or proprietary right. You further agree that your comments will not be libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false e-mail address, impersonate any person, or mislead us or third parties as to the origin of any Comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.
13. Protection of Consumers' Personal Data
13.1. In order to complete the registration process, place an order and sign this contract, the consumer must provide some personal data that will be processed by Jaze and the seller pursuant to and in compliance with the General Data Protection Regulation (GDPR) referred to in EU Regulation No 2016/679 and subsequent amendments, and pursuant to Legislative Decree no. We remind you that this is personal data of the consumer, the processing of which is necessary for the execution of each purchase made on the site, for which no consent is required, since the legal basis of the treatment in question is the fulfillment of the obligations arising from the contract. For any further processing activities proposed, the consumer is free to express his consent or not, according to the methods indicated on the website.
13.2. The consumer hereby declares and guarantees that the personal information provided to the seller during the registration and purchase process is true and correct. The seller and Jaze decline all responsibility in the event of incorrect information.
13.3. The consumer has the right to update and/or amend the personal data provided to the seller at any time via the "My Account" section of the website, which can be accessed after logging in.
The consumer acknowledges that the data controller of their data is Jaze and that the seller and Jaze ensure that they have agreed on the above processing methods in compliance with the above data protection provisions with a specific deed of appointment as data processor in favor of the seller, providing the appropriate , containing statements defined by Jaze.
13.4. For more information on how consumers' personal information is processed, consumers should read the Privacy Policy and the General Terms of Use carefully.
14. Security
The seller guarantees that he has taken all necessary measures to protect the consumer's personal data against possible loss, corruption, manipulation and misuse by third parties and that he will take effective steps to remedy breaches of these measures.
15. Errors, Inaccuracies and Omissions
Occasionally our site or service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery time and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or to cancel orders, or to cancel orders if any information relating to the Service or on any related website is incorrect.
We undertake no obligation to update, change or clarify any information relating to the Service or on any related website, including but not limited to pricing information, except as required by law. Any update dates provided in relation to the Service or on any related website should not be taken as an indication that any information related to the Service or on any related website has been changed or updated.
16. Delivery and Acceptance of Goods
16.1. The website indicates the availability of the products and their delivery times, however events beyond the control of the seller or Arena may cause variations.
16.2. The seller undertakes to do everything in his power to comply with the delivery times indicated on the website and, in any case, to deliver within a maximum of 30 (thirty) days from the day on which the consumer places the order. If the order cannot be processed by the seller because the product ordered by the consumer is not available, even temporarily, the seller will inform the consumer of this in writing and refund the amount already paid, as specified in paragraph 5.3. is explained in more detail below. If the consumer has selected bank transfer as a payment method, the delivery time starts from the date on which the seller receives the bank transfer.
16.3. The products ordered by the consumer will be delivered according to the delivery method chosen at the time of placing the order among the delivery methods available and listed on the website. The consumer undertakes to check immediately and at the latest within 3 (three) days of receipt of the products that the delivery is correct and contains all and only the products purchased, and to notify the seller within this period if any defective products are received or there is a discrepancy between the order and the products actually received, using the procedure described in paragraph 8 of this contract; failing to do so, the products will be deemed accepted. If the packaging or carton of the products ordered by the consumer arrives at the recipient visibly damaged, the consumer can refuse to accept delivery from the carrier/courier or accept delivery "subject to rights".
17. Prices, Shipping Costs, Duties and Taxes
17.1. The price of the products sold corresponds to the price indicated on the website at the time the consumer places his order. The prices indicated on the website are inclusive of the cost of standard packaging, VAT (where applicable) and all indirect taxes (where applicable) and excluding shipping costs, which are calculated before the order placed by the consumer with the seller is validated and the the consumer agrees to pay the seller in addition to the price stated on the website.
17.2. The total price to be paid to the buyer is specified both on the order and on the order confirmation that the seller sends to the consumer by email.
17.3. If the products are to be delivered to a country outside the European Union, the total price indicated on the order and the order confirmation, including indirect taxes, exclusive of any customs duties and other taxes, which the consumer hereby agrees to, if necessary, in addition to that pay the price indicated on the order and the order confirmation, as required by the applicable laws in the country to which the product is to be delivered. For more information on any duties or taxes applicable in their country of residence or the country of destination of the products, the consumer should contact the competent authorities in their country of residence or the country of destination of the products.
17.4. Any additional costs, fees, taxes and/or duties payable in the relevant country, under whatever title, for the products ordered under the Terms and Conditions are the sole responsibility of the consumer.
17.5. The consumer hereby declares that if, at the time the order is placed with the seller, the provisions of paragraphs 6.3. and 6.4. If you are unaware of any charges, fees, taxes and/or duties set forth above, this shall not constitute grounds for terminating this Agreement and shall under no circumstances be borne by Seller.
18. Payments
18.1. Payments for Products purchased through the Website must, in principle, be made within 10 (ten) days from the date on which the Seller sends the Consumer the order confirmation. The consumer expressly agrees that the performance of the contract by the seller begins at the moment when the price for the purchased product(s) is credited to the seller's bank account.
18.2. Payments for orders placed through the website can be made by credit card or PayPal under the conditions set out below. The seller may also allow other payment methods as specified in the specific payment section of the website.
18.3. If payment is made by credit card, the data supplied will be transmitted securely using data transmission systems with SSL (Secure Socket Layer) 128-bit encryption. This data remains inaccessible even to the seller.
18.4. The invoice/tax documents related to the purchase will be sent to the consumer in electronic form, to the extent required by law, to the e-mail address provided by the buyer during the registration process.
19. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content for: (a) any unlawful purpose; (b) to solicit others to perform or participate in any illegal activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, hurt, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will in any way affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Uses.
20. Disclaimer; Limitation of Liability
We do not warrant, represent or guarantee that use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that we may from time to time remove the Service indefinitely or discontinue it at any time without notice to you.
You expressly agree that use of, or inability to use, the Service is at your sole risk. The Service and all products and services offered to you through the Service are (except as expressly stated by us) provided to you "as is" and "as available" for your use, without any representations, warranties or conditions of any kind of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, non-infringement or non-infringement.
In no event shall Jaze, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind , including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise arising out of the use of the Service or products procured through the Service, or for any other claim related in any way to the use of the Service or any product, including but not limited to errors or omissions in content, or loss or damage of any kind, arising from use of the Service or any Content (or Products) published, transmitted or otherwise made available through the Service, even if advised of the possibility.
Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
21. Indemnification
You agree to indemnify Jaze and our parent, subsidiaries, affiliates, partners, officers, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees in connection with any claim or demand, including reasonable attorneys' fees, made by any third party indemnify, defend and hold harmless any alleged breach of these Terms and Conditions or the documents incorporated herein by reference, or your breach of any law or the rights of any third party.
22. Severability Clause
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law and the unenforceable portion shall be deemed severed from these Terms and Conditions, such determination not affecting its validity and enforceability of the remaining provisions.
23. Termination
The obligations and liabilities of the parties that arose prior to the termination date will survive termination of this Agreement for all purposes.
These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our website.
If in our sole discretion you have failed, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we will deny you access about our Services (or parts thereof).
24. Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service, as well as any policies or operating rules posted by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service and supersede any prior or contemporaneous agreements, communications and offers, oral or in writing, between you and us (including without limitation any previous versions of the Terms and Conditions).
Any ambiguities in the interpretation of these general terms and conditions are not to be taken against the drafting party.
25. Governing Law
These terms and conditions and any separate agreements under which we provide services to you are governed by and construed in accordance with the laws of Styria, Austria.
26. Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to regularly check our website for any changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms and Conditions will constitute acceptance of those changes.
27. Contact Information
Questions about the General Terms and Conditions should be sent to us at info@jazeswim.com.