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Terms of Use

Last Updated: 5 February 2021

Please read carefully these Terms & Conditions along with all the other Policies listed at the website footer, before using the JosTheArtisan.com website operated by Jos The Artisan Ltd. Your access to and use of the service is conditioned on your acceptance of and compliance with these terms and policies. These terms apply to all visitors, users, customers, vendors, merchants, and anyone accessing or using the service. By the continued access, purchase of items and use of the service you agree to be bound by these terms. If you disagree with any part of these terms and policies, you must refrain from using this website immediately.

1.Definitions

1.1’Terms’, ’Terms of Use’, ’Terms of Service’, or ’T&Cs’ refers to the Terms & Conditions.

1.2’Policies’ refers to all the available hyperlinked policies including the Cookie Policy, Privacy & Security Policy, Delivery, Cancellation & Exchange Policy.

1.3’Provisions’ refers to Terms and Policies.

1.4’You’, ’Your’, ’Customer/s’, or ’User/s’ refers to the person accessing our website, the person making use of our services, or any person enrolling in our programs or submitting content, including affiliates.

1.5’We’, ’Our’, ’Us’, or ’Company’ refers to Jos The Artisan Ltd.

1.6’Website’, ’Our Platform’, or ’Store’ refers to JosTheArtisan.com.

1.7’Content’ refers to textual, aural or visual content published on our website such as but not limited to comments, feedback and blogs.

1.8’Affiliates’, ’Influencers’, or ’Participants’ refer to those persons who collaborate with Jos The Artisan Ltd. through a dedicated portal.

2.Purchase Orders

2.1By agreeing to the Terms of Use, you represent that you are at least the age of majority in your state or province of residence or otherwise in case of a minor dependent you have the consent of an individual who at least has the age of majority.

2.2Please understand that when an order is placed, we will collect, process and store your personal data. For further information kindly refer to our Privacy Policy and Cookie Policy.

2.3Once payment is validated and received, all orders will be subject to approval and acceptance by Jos The Artisan Ltd. Once approved you will not be able to change the order, however a cancellation period will be allowed for orders which have not been yet dispatched. Kindly refer to our Delivery & Returns Policy for further information.

2.4The acceptance of a Purchase Order and/or shipment does not create any rights for customers other than as expressly set forth by the acceptance of the Purchase Order, and does not give rise to any obligation on Jos The Artisan Ltd. to accept, or the customer to place, any purchase orders in the future. Nothing contained in this process shall imply any partnership, joint venture or agency relationship between Us and the customer in any territory or jurisdiction.

2.5We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by email or shipping address or phone number provided during the placement of order. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. If we canceled your order and you believe we made a mistake, please Contact Us and we will do our best to solve it out.

2.6It is important to note that we do not keep any credit card details, our site uses PayPal payment gateway. Reference shall be made to our Privacy & Security Policy

3.Service and Pricing

3.1The price listed on the final Purchase Order, irrespective of any previously listed and/or prices listed on other publications, offers etc., is the final purchase price and by proceeding to checkout, the customer expressly agrees to pay this price. The prices will be shown in Euro and will be inclusive of VAT and exclusive of any other applicable taxes.

3.2Without any obligations or prior notice, we reserve the right:

3.2.1To change prices and quantities, at any given time.

3.2.2To modify or discontinue store items or services, at any given time.

3.2.3To limit our services to any person, geographic region or jurisdiction, at any given time.

3.3We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

4.Product Accuracy, Errors or Omissions

4.1We have made every effort to display our products as accurately as possible, to show a true representation of our store items. However, we cannot guarantee that the products color, size, appearance, description, pricing, product delivery, availability or anything shown in our website will be free from any errors, omissions, or inaccuracies.

4.2Changes may be due to differences in monitor display colors, the imperfections of natural and other, if any in case of fibers, the nature of products being handmade and human errors. Without any obligations and prior notice, we reserve the right to correct, any errors inaccuracies or omissions and to change or update, or even cancel orders if any information is inaccurate. We undertake no obligation to specify any update or modification applied to our service, you agree that it is your responsibility to monitor changes to our site.

4.3We highly recommend you to Contact Us with any recommendations to improve our products, website, designs, packaging, advertising, or anything whatsoever. However, this does not give rise to any compensation, obligation to maintain confidentiality and any kind of acknowledgement.

5.Account and User Information

5.1When you make a purchase on our website, you can choose to create an account or simply complete a single purchase, without creating an account. You are not allowed to falsify information or create duplicate accounts.

5.2You agree to:

5.2.1Provide complete, accurate and current information in each and every step required by our website. Upon account registration you will be requested to verify your email address to access your account. Unverified accounts may be subject to automatic deletion.

5.2.2Maintain the confidentiality of your account’s credentials and restrict access to your devices. If you have any reason to believe that your credentials have been compromised, you should Contact Us and once access is recovered, change your password immediately.

5.2.3Update credit card details, email address and delivery address, for us to fulfill our obligations when receiving an order.

5.3If you no longer wish to have an account with us, you can deactivate or permanently delete your account from the profile settings.

6.Optional Tools

6.1Our Platform makes use of third-party tools over which we neighter monitor nor have any control or input.

6.2You acknowledge and agree that we provide access to such tools ’as is’ and ’as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

6.3Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

6.4We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

7.Third Party Services

7.1Certain content, products and services available via our Service may include materials from third-parties.

7.2Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

7.3We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8.Promotional Offers and Discounts

8.1At our sole discretion, we may offer discount coupons to our customers who would like to purchase from our website, which may be redeemed at check out. It is important to note that these may have their own terms and conditions and shall be used before their expiry date.

8.2At our sole discretion, we may activate a discount game. This game is designed to give you the possibility to win a percentage discount subject to account registration. The discounts, that may be used in our store items shall be claimed within 24 hours, otherwise they will expire.

8.3The discounts cannot be used in conjunction with other different discounts on offer.

9.Delivery, Returns and Cancellations

9.1For all the terms related to Order Deliveries, Returns and Cancellations kindly refer to the Delivery & Returns Policy.

10.User Content and Disclosures

10.1Our website provides its users, the ability to submit content, including but not limited to feedback, comments, and blog posts content with text and photos. Users expressly acknowledge and agree that once any such content is submitted, it will be made available to others, there is no confidentiality or privacy whatsoever. This includes but is not limited to any personal description users make available, through their profile.

10.2Any comments or content submitted to us by you as a user or affiliate, with or without a request from us, that may include creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments or content that you forward to us.

10.3As a user, you agree:

10.3.1To be responsible, respectful, ethical, appreciative and supportive.

10.3.2That your content is original and will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. It will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

10.3.3That you may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

10.3.4You are solely responsible for your content it’s accuracy.

10.4We shall be under no obligation (1) to maintain any content in confidence; (2) to pay compensation for any comments; and (3) to respond to any content.

10.5Jos the Artisan Ltd. does not accept responsibility and assume no liability of any user content, including their use or effect. We do not endorse, represent, or confirm that content is useful, accurate or ethical. We disclaim any responsibility from content which is found to be unethical, offensive, intimidating, libelous, abusive, defamatory, threatening, unlawful or in violation of our rights or the rights of any third-party including but not limited to their privacy, copyright, and their trademarks.

10.6Users are still entirely responsible for their submissions or content even when it used by us, and/or has been implemented, copied, modified, published, or distributed by us.

10.7Without any obligation, we reserve the right to review, modify or remove any content that we determine in our sole discretion as being unlawful, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service, without any justification or prior notice, at any given time.

10.8We are committed towards building a supportive and respectful community, so we encourage you to Contact Us if you come across any content that you consider unethical, offensive, inaccurate or by any means unacceptable.

11.Affiliation

11.1Our Affiliate Program has been set up with the aim of collaborating with fresh or established talent. Enrollment to our program will:

11.1.1Request data including but not limited to, personal and social media information.

11.1.2Request selection of a role from three different roles i.e., blog post writer, social media influencer or product model.

11.1.3Assign tasks to the different roles.

11.1.4Entitle the participants to benefits and rewards.

11.2Affiliate acknowledgements:

11.2.1Participants are responsible to stay alert for the upcoming or on-going activities which are available in the task list of the Affiliate Menu accessible from the Affiliates & Influencers Quick link.

11.2.2Tasks may have their own binding Terms & Conditions. The participation in any given task, is an express agreement to both these Terms and Conditions and the specific ones, if any.

11.2.3Tasks will be made available on a first come first serve basis.

11.2.4Participants acknowledge and agree that any information/content they provide during the activity can be shared and made public, there is no confidentiality or privacy whatsoever.

11.2.5Without prior notice, participants grant us the right to store and use any information/content provided without giving rise to any kind of acknowledgement or compensation whatsoever and without any limitations to its implementation, copy, modification, publication, or distribution.

11.2.6Participants agree to maintain confidentiality of upcoming news, campaigns, and any exclusive information obtained from the program, and refrain from sharing any information, without our express consent.

11.2.7Participants should not make any false or misleading representations relating to Jos The Artisan Ltd. or engage in any harmful practices that could harm oneself or our reputation. Our influencers are expected to behave responsibly, to respect, be ethical, and be supportive towards our community.

11.3Our rights and disclaimers:

11.3.1We reserve the right to reject any applications or particular roles, without any justification or prior notice.

11.3.2We reserve the right to specifically select participants for any given tasks as we deem appropriate, on the basis of our aims and goals, without any justification or prior notice.

11.3.3We will do our best to update the Task Menu for participants, however this does not give rise to any obligations whatsoever. This will only depend on the company’s discretion based on its timeline, upcoming events, promotions and product launching amongst other factors.

11.3.4The reward system lies on our sole discretion, we give no guarantees for recognition, and it does not give rise to any obligations or compensation. We reserve the right to carry out updates or modifications to the reward system at any given time, without any prior notice.

11.3.5We reserve the right to terminate any affiliate’s participation from upcoming or ongoing activities, or terminate the participation from the program itself at any given time, without justification or any prior notice.

11.3.6We reserve the right to pause or terminate the affiliates & influencer program as a whole, at any given time, without justification or any prior notice.

11.4Article 10 is applicable to any information/content made available by our affiliated on our website and also outside our website, including but not limited to representations made through social media platform.

11.5For transparency purposes, when representing our brand outside our website, i.e. through social media platforms, you are responsible to disclose our connection in any means you deem appropriate, such as but not limited to using a hashtag #JTAcontentcreator. We disclaim any responsibility to review any of such representations.

12.Intellectual Property & Copyright

12.1The intellectual property of Jos The Artisan Ltd. includes all the software and website content including but not limited to the product designs shown in our store, logos, illustrations, icons, images, photography, or packaging. Our intellectual property is either owned by us or otherwise have permission and the intellectual property right to use them in our website. The intellectual property rights are protected around the world by copyright laws and international treaties.

12.2If you have any reason to believe that any of your intellectual property rights or those of third parties have been infringed, please Contact Us and provide all the necessary details.

13.Prohibited Uses

13.1In addition to the other prohibitions as set forth in the Terms of Use, without our express written consent, you are not allowed to:

13.1.1Use, copy, extract, distribute, resell, reproduce or exploit any of our or third-party intellectual property for your non-personal, commercial use or any unlawful purpose whatsoever.

13.1.2Make use of data gathering and/or extraction tools such as robots and data mining.

13.1.3Create, store or publish your own database consisting of our sources through web scraping or other forms of data extraction.

13.1.4Be or cause in any way a threat to the functionality and operation of our website, our users and their private information and security by any means possible.

13.1.5Violate international, federal, provincial or state laws and regulations and/or use our website to commit fraudulent, criminal or any other illegal activity.

13.1.6Make insults, defamation, abuses, harassment, intimidations, or discriminations in any way possible to us or to any third-party.

13.1.7Prompt others to carry out all of the above mentioned.

13.2Reverse Engineering will not be tolerated unless explicitly permitted under applicable mandatory law. You agree not to encourage, assist or authorize any other person to disassemble, reverse engineer, modify, copy, or tamper with our website.

14.Force Majeure

14.1Jos The Artisan Ltd. shall not be liable for any delay in the delivery of our products and shall not be held responsible for any losses resulting if the fulfillment of any obligations, terms or provisions of these Terms or the service shall be delayed or prevented by:

14.1.1Third party service providers, stolen or lost products due to incomplete or wrong address.

14.1.2Revolutions or other disorders, wars, acts of enemies, strikes, fires, floods, acts of God, Government regulation.

14.1.3Inability to obtain labor, materials or goods through our usual and regular sources.

14.1.4Insufficient orders

14.1.5Casualty, acident, economic downturns, or any other condition beyond our reasonable control.

14.2In such events, Jos The Artisan Ltd. may, in its discretion, without prior notice to Customer, at any time postpone the delivery dates for a time which is reasonable under all the circumstances or even cancel purchase orders. Any such non-performance or cancellation shall not be considered as a breach of provisions or otherwise entitle Customers to any remedies.

14.3Without any prior notices, we also reserve the right to limit or cancel quantities of any of our products purchased per transaction, per account, per card holders, or per particular address.

15.Disclaimers and Limitation of Liability

15.1We do not guarantee, represent or warrant that:

15.1.1Your use of our service will be uninterrupted, timely, secure or error-free.

15.1.2The quality of any information, services, products, or anything that may be purchased from our store will meet your expectations.

15.1.3The results that may be obtained from the use of the service will be accurate or reliable.

15.2This website may contain historical information which may not remain current but may still be available for your information. We reserve the right to modify content of the site but we have no obligation to update any information on our website.

15.3You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

15.4You expressly agree that your use of, or inability to use, the service is at your sole risk. The service of this website and all products and services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability quality, fitness for a particular purpose, durability, title and non-infringement.

15.5Jos The Artisan Ltd. will not be held liable or responsible for any of the following:

15.5.1Allergies, skin irritations, or any kind of injuries. Should anyone have any doubts on the product, it is the customer’s responsibility to refrain from carrying out a purchase.

15.5.2Defects in material, workmanship, normal manufacturing or finishing defects or for customary variations from quantities or specifications.

15.5.3Lack of security, timeliness, accuracy & completeness of information and reliability of the service, including any omissions, interruptions or any such errors.

15.5.4For wrongful conduct, omissions or actions by third-party users, our customers, suppliers, service providers, promoters, content creators, affiliates, advertisers, sponsors or any other parties which are somehow related to our website.

15.5.5Contents posted by our users, content creators, influencers or any third parties.

15.6In no case shall Jos the Artisan Ltd., our directors, officers, employees, affiliates, 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, without limitation lost profits, lost revenue, lost savings, loss of data, loss of goodwill or reputation, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

15.7Our liability shall be capped up to the total cost incurred by the customer for the purchase/s made through our website in relation to the particular transaction/s in question. Because some states or jurisdictions do not allow the exclusion or the 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.

16.Changes to our Terms or Services

16.1Any new features or tools which are added to the current store shall also be subject to these terms and conditions. You can review the most updated version of the Terms at any time on this page. We reserve the right, to update, change, remove or replace any part of these terms, policies, services, promotions, offers, website and any of its content, as we may deem appropriate at our sole discretion, at any given time, without any prior notice. The affected changes shall be effective immediately. It is the responsibility of the user to keep updated with the latest version of the Terms & Policies and any other Information provided by us.

16.2Your continued use of, or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance to those changes.

17.Termination

17.1These Terms of Service are effective unless and until terminated by either you or us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

17.2You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

17.3If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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 accordingly may deny you access to our Services (or any part thereof). We also reserve the right to delete your account, and in case of pending orders, we may not deliver your items and this does not entitle you to any refund.

17.4Investigations will be carried out and appropriate legal action may be sought against you. Other measures may be taken to safeguard our reputation, including the request of certain actions to remedy for your damages.

18.Entire Agreement

18.1The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

18.2These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

18.3Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

19.Indemnity

You agree to indemnify defend and hold harmless Jos the Artisan Ltd. and our partners, affiliates, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, loss, liability or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions, or documents they incorporate by reference, or your violation of any laws or rights of a third-party.

20.Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

21.Governing Law and Jurisdiction

The terms, policies and transactions carried out in our website and any separate agreements, shall be governed and construed in accordance with the Laws of Malta. Any future disputes or claims which may arise out of these transactions or breach of our terms and conditions shall be settled by our domestic arbitration, Malta Arbitration Centre. If you breach any of our applicable terms, policies, or governing laws, we will be entitled to use our rights and remedies in accordance to the presented situation.

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