Jos The ArtisanHandmade Fashion Hair Accessories and Jewellery
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Last Updated: 12 June 2023
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.
1.1’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.
1.9’Prohibited Activity’ refers to any activity that involves, facilitates, advocates or promotes one or more of the following: (i) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age, national origin or disability; (ii) libelous, defamatory, obscene, pornographic, sexually explicit or abusive activities; (iii) gambling or illegal substances; (iv) sedition or illegal activities; (v) false or misleading advertising; or (vi) a conflict or violation of any law, rule, regulation or any intellectual property or other rights of any person, party or entity.
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
3.1The 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.
4.1We 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.
5.1When 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.
6.1Our 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.
7.1Certain 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.
8.1At 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.
9.1For all the terms related to Order Deliveries, Returns and Cancellations kindly refer to the Delivery & Returns Policy.
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 information users make available, through their profile.
10.2As a user, 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 submitted to us, by you, 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 'content').
10.3As a user, you agree:
10.3.1To be responsible, respectful, ethical, appreciative and supportive.
10.3.2That your content is original and shall not post or transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any party's intellectual property rights or (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
10.3.3That you shall not post any content or materials in any manner that is prohibited by law or any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
10.3.4That you may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
10.3.5You are solely responsible for your content it’s accuracy.
10.4Jos the Artisan 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.
10.5Users are solely responsible for their submissions or content even when it used by us, and/or has been implemented, copied, modified, published, or distributed by us.
10.6We shall be under no obligation (i) to maintain any content in confidence; (ii) to pay compensation other than that agreed by our program; and (iii) to respond or share any of your content.
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.
10.8By using our services, users agree to hold Jos The Artisan harmless from any claims, damages, losses, costs or expenses including legal fees, arising out of or relating to user’s content that they post, upload or otherwise transmit through our platform or program.
10.9We 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.
11.1The following terms and conditions are applicable to affiliates and influencers who wish to participate in the Affiliates & Influencers Program ("Program"). This Program has been set up with the aim of collaborating with fresh or established talent all over the world.
11.2Enrolment in Jos The Artisan Affiliate Network:
11.2.1To be part of Jos the Artisan Affiliate & Influencer Program, you must submit your Application Form. This application can be found at Affiliates & Influencers. By submitting your application to join or participate in the affiliate & Influencers program you are confirming that you have read and agree to be bound by the Terms and Conditions regulating the Affiliates and Influencers Program, and all Policies and Terms of Use.
11.2.2Jos the Artisan has the exclusive right to decide whether to accept or reject any request to join the Affiliate & Influencer Program. If approved, Affiliates must ensure that all information provided to our program is accurate and up to date.
11.3Affiliate Participation:
11.3.1Affiliates will be granted access to an Affiliate Dashboard which includes shareable links, tasks, real-time activity tracking, points, earnings, and profile settings.
11.3.2Affiliates will be rewarded with points for sharing affiliate links and/or completing affiliate tasks. Affiliate points can be then redeemed for our brand products or exchanged for cash.
11.3.3Affiliates must use affiliate links provided exclusively by us through the Affiliate Dashboard to identify their unique identity and promote our brand. When a purchase is made through the affiliate links, the affiliate will be rewarded with a commission in the form of points.
11.3.4We reserve the right to modify the Affiliate Links at any time without prior notification. It is the responsibility of the Affiliates to make sure they are using the most updated sharable links.
11.3.5Participants agree to stay updated with our affiliate activities made available through the affiliate dashboard, and participation in these activities will be on a first come first serve basis. By participating in these activities, Participants agree to abide by the Terms & Conditions, Policies, Terms of Use, and any specific terms outlined for each activity.
11.3.6Participants agree to maintain strict confidentiality with regards to any exclusive information, including but not limited to upcoming news, campaigns, and other information obtained through the Affiliate and Influencer Program, and shall not disclose any such information to any third parties without our explicit, written consent.
11.4Relationship between Company and Affiliates
11.4.1Both the company and the participants acknowledge that the Affiliate is an independent contractor and is not an employee, partner, agent, or joint venturer of the Company.
11.4.2The Affiliate shall not have any authority to act on behalf of the Company or to bind the Company to any agreement or any other obligation.
11.4.3The Affiliate agrees to promote the Company’s products through the Affiliate’s promotional or social media channels and may earn points through completing affiliate tasks or earning commissions through shareable links.
11.4.4The Company agrees to reward affiliate for points earned through commission or completion of tasks, at the company's discretion, either in the form of brand products or monetary compensation.
11.4.5Jos The Artisan will be responsible for providing all relevant data, statistics, and analytics that will enable you to accurately track your progress and understand your earnings.
11.5Commission:
11.5.1The Commission percentage will be determined after the application is approved. We reserve the right to modify the Commission rate and structure at any time and without prior notice or justification.
11.5.2The Affiliate shall be entitled to a Commission Fee for each Purchase made through the Affiliate links.
11.5.3Commission shall be calculated as a percentage of the total value of the order, excluding Value Added Tax (VAT) and transaction fees.
11.5.4Points may not be granted for Commissions in connection with the purchase of products that are returned.
11.5.5All aspects of order processing and fulfilment, cancellation, processing, refunds, and payment processing will be Our responsibility.
11.6Points Redemption:
11.6.1Affiliate points can be redeemed in our branded products once you accumulate enough points to meet the value of the desired products. Upon reaching the necessary points threshold, you can instantly purchase the product of your choice.
11.6.2Affiliate points can be redeemed in cash and payment will be made directly through a bank transfer.
11.6.3Cash out Payments will be made within 20 working days from the date that the affiliate requests a cash out.
11.6.4Upon requesting a cash out, affiliates who are registered for VAT are required to provide a proof of payment for their promotional services, either by a tax invoice or fiscal receipt, for the payment to be issued.
11.6.5Affiliates are solely responsible for the payment of all applicable taxes related to the cash out payments received under the Affiliate Program.
11.6.6Affiliates are responsible to update and inform our company of changes to postal and email addresses, as well as any changes to the name, contact number, tax identification number or other personal information required to issue a valid cash out payment.
11.6.7We reserve the right to immediately disqualify affiliates and withhold cash out payments if any improper activity, including but not limited to potentially fraudulent, questionable, or cancelled purchases, or breach of any terms and policies, is suspected. All determinations of legitimacy will be made at the sole discretion of Jos The Artisan.
11.7Rules and Termination:
11.7.1Participants are expected to behave responsibly, be respectful, be ethical, and be supportive towards our community.
11.7.2Affiliates are responsible to protect and ensure the safety of the affiliate’s profile credentials. Affiliates should take the necessary steps to ensure that their activities are compliant with all applicable laws and regulations. They should also adhere to all our terms and policies, and to refrain from using our platform for any illegal or criminal activities.
11.7.3Affiliates grant us an irrevocable, unlimited, royalty-free, worldwide license to use, store, modify, publish and distribute any information or content provided, without any limitations or privacy whatsoever. Article 10 is applicable to any information/content made available by our affiliates on our website and also outside our website, including but not limited to representations made through social media.
11.7.4Affiliates must not use our program in any manner that could be considered unethical, illegal, or unprofessional. They must not make any false or misleading claims or representations about Jos The Artisan or engage in any practices including but not limited to prohibited activities or anything that could bring harm or negative attention to themselves, our program, or Jos The Artisan.
11.7.5Affiliates agree that they shall not, under any circumstances, create, publish, transmit, or distribute any bulk electronic mail messages (also known as "SPAM"). Any email communication sent must be coordinated in advance with our company, including agreement on the dates and amounts of emails to be sent.
11.7.6We reserve the right to manage, modify, or terminate the affiliates program and the reward system at our discretion, without any prior notice or any guarantees.
11.7.7We reserve the right to remove an Affiliate from the Affiliate program and to terminate or suspend the participation, at any time for any reason, in Jos The Artisan’s sole discretion.
11.7.8Without limitation, the affiliate’s participation shall be automatically terminated, and all commissions forfeited if any of our terms and policies are violated.
11.7.9The affiliates should agree to indemnify and hold harmless our brand from any claims, damages, losses, and costs related to their activities through our affiliates program.
11.8Affiliation Disclaimers:
11.8.1We do not make express or implied warranties of representations with respect to the Affiliate Program (including without limitation warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage).
11.8.1We make no representation that the operation of the Program will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information about earnings during the period of interruption. You use our site, the program and our services at your sole risk and at your own free will.
11.8.1Our content may be including user generated content, and we make no representations as to any of the information found on our website or program. The affiliate program is provided on an "as is" and "as available" basis, without warranties of any kind. We disclaim any warranties regarding the security, reliability, timeliness, and performance of the affiliate program.
11.8.1You acknowledge that we are not liable for the defamatory, offensive or illegal conduct of you or third parties, including other users of the program, our service or the affiliate program and that the risk of injury from the foregoing rests entirely with you. We make no warranty and disclaim all liability regarding the completeness, accuracy, consistency or security of the affiliate program. We are not responsible or liable for harm that results from your enrollment to the affiliate program, or use of our platform or any service provided therein.
11.8.1As an affiliate you have the responsibility to disclose our affiliation clearly and prominently in any of your content, to make our collaboration as clear as possible. We disclaim any responsibility to check or review any of such disclosures.
11.9The Company shall not be liable for any indirect, special, punitive, or consequential damages of any kind, whether in contract, tort, or otherwise, arising out of the Affiliate participation in the Affiliate Program.
12.1Jos The Artisan™ Gift Cards cannot be used for guest purchase orders. To redeem Jos The Artisan™ Gift Cards you must first register or log into your existing account at jostheartisan.com and follow the instructions on the Gift Card Redeem Page.
12.2After redeeming Jos The Artisan™ Gift Card, the redeemed amount will be added to your account's Wallet Balance and can be used during checkout to purchase all eligible products sold online at jostheartisan.com.
12.3Should the value of the voucher be below your order total, you can settle the difference using another payment method.
12.4Wallet Balance cannot be transferred to other accounts, paid out in cash, or used to purchase new Gift Cards.
12.5Jos The Artisan Ltd. will not accept any liability for loss, theft, misuse or delayed transmission of Gift Cards. Likewise, Jos The Artisan Ltd. will not be held liable for cases when the email address of digital Gift Card purchases is mispelled.
12.6In the event of fraud, theft, or attempted illegal activity relating to Jos The Artisan™ Gift Cards, Jos The Artisan Ltd. will be entitled to demand the closure of relevant customer accounts, without the right to activate the affected Gift Cards.
12.7Both digital and physical Jos The Artisan™ Gift Cards can only be redeemed online at jostheartisan.com.
12.8Jos The Artisan™ Gift Cards are issued by Jos The Artisan Ltd., a Maltese entity. When you purchase, receive or redeem a Gift Card, you agree that the laws of Malta will govern these Gift Card terms and conditions.
13.1The 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.
13.2If 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.
14.1In addition to the other prohibitions as set forth in the Terms of Use, without our express written consent, you are not allowed to:
14.1.1Use, 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.
14.1.2Make use of data gathering and/or extraction tools such as robots and data mining.
14.1.3Create, store or publish your own database consisting of our sources through web scraping or other forms of data extraction.
14.1.4Be 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.
14.1.5Violate international, federal, provincial or state laws and regulations and/or use our website to commit fraudulent, criminal or any other illegal activity.
14.1.6Make insults, defamation, abuses, harassment, intimidations, or discriminations in any way possible to us or to any third-party.
14.1.7Prompt others to carry out all of the above mentioned.
14.2Reverse 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.
15.1Jos 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:
15.1.1Third party service providers, stolen or lost products due to incomplete or wrong address.
15.1.2Revolutions or other disorders, wars, acts of enemies, strikes, fires, floods, acts of God, Government regulation.
15.1.3Inability to obtain labor, materials or goods through our usual and regular sources.
15.1.4Insufficient orders
15.1.5Casualty, acident, economic downturns, or any other condition beyond our reasonable control.
15.2In 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.
15.3Without 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.
16.1We do not guarantee, represent or warrant that:
16.1.1Your use of our service will be uninterrupted, timely, secure or error-free.
16.1.2The quality of any information, services, products, or anything that may be purchased from our store will meet your expectations.
16.1.3The results that may be obtained from the use of the service will be accurate or reliable.
16.2This 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.
16.3You 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.
16.4You 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.
16.5Jos The Artisan Ltd. will not be held liable or responsible for any of the following:
16.5.1Allergies, 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.
16.5.2Defects in material, workmanship, normal manufacturing or finishing defects or for customary variations from quantities or specifications.
16.5.3Lack of security, timeliness, accuracy & completeness of information and reliability of the service, including any omissions, interruptions or any such errors.
16.5.4For 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.
16.5.5Contents posted by our users, content creators, influencers or any third parties.
16.6In 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.
16.7Our 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.
17.1Any 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.
17.2Your 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.
18.1These 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.
18.2You 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.
18.3If 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.
18.4Investigations 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.
19.1The 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.
19.2These 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).
19.3Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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.
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.
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.
