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Welcome to Joswen, Joswen.com provides its services to
you subject to the notices, terms, and conditions set forth in this agreement
(the "Agreement"). In addition, when you use any of Joswen's service
(e.g., Customer Reviews), you will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such services, and they are
incorporated into this Agreement by this reference. Joswen.com reserves the
right to change this site and these terms and conditions at any time. The terms
"you" and "your" refer to the purchaser of products using
the www.joswen.com website.
Please read this agreement carefully. By using this website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this agreement, and you represent that you are of legal age (18years or older) to enter into this agreement and become bound by its terms. This agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement also contains a dispute resolution clause, found in section 12.
As further discussed in section 11 of this agreement, except as expressly provided for in this agreement, Joswen.com does not make or give any representation or warranty with respect to the products you may purchase from this website and Joswen's liability is limited as provided in that section.
1.) Consent To Use Of Electronic Documents
You hereby consent to the exchange of information and documents between you and Joswen.com over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by Joswen.com as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.) Other Documents, Agreements and policies
Before submitting an order for the purchase of products using this website, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the ["Submit Order"] button), such order will constitute an offer from you to Joswen.com to purchase the product(s) described in the Order Confirmation, for the price and is subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Joswen.com until accepted by Joswen.com. Joswen.com's acceptance of your order is evidenced by return e-mail from Joswen.com indicating that your order has been accepted.
Joswen.com reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, Joswen.com will issue a full refund.
Although Joswen.com strives to provide accurate product and pricing information, errors may occur. Joswen.com reserves the right to correct any errors in pricing or product information and to modify the prices of products, at any time, without prior notice. Joswen.com cannot confirm the price of a product until after you submit an order for the product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the www.Joswen.com website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Joswen.com may, at its sole discretion, refuse or cancel your order, whether before or after Joswen.com's acceptance thereof. If there is such an error in pricing, Joswen.com will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the product at the correct price.
6.) Payment terms
Terms of payment shall be determined at Joswen.com's sole discretion. Payment shall be made by credit card unless Joswen.com has accepted some other pre-arranged method of payment. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
7.) Product Availability
The availability of certain products may be limited, and products may not be available for immediate delivery. Joswen.com may revise or cease to make available any products at any time without prior notice. In the event that Joswen.com is unable to deliver you a product ordered due to lack of availability, Joswen.com will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable product, provided that Joswen.com may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the product becomes available.
8.) Shipping; Taxes
Joswen.com will ship the product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by Joswen.com are estimates only. Joswen.com shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Order upon arrival into your country. Some countries will select your package for scheduled inspection and your package may be subject to your countries import duties. You as the importer are responsible for import duties added as per your countries import rules and regulations. For more information on duty, contact your local Government Customs and Border Protection agency
9.) Ownership; Risk Of Loss
A third party delivery company, pursuant to a shipping contract, delivers all Product(s) purchased from Joswen.com to you. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by Joswen.com of the product(s) to the third party delivery company.
All Product returns are subject to the Joswen.com Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11.) Exclusion Of Warranties And Limitation Of Liability
Except as expressly provided for in this agreement, Joswen.com does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade. In no event will Joswen.com be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by Joswen.com or otherwise related to this agreement or the transactions conducted on or from the Joswen.com website, even if Joswen.com or any of their lawful agents, contractors, employees or mandatories have been advised of the possibility of such damages or claim. In no case will Joswen.com's total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. In no event will Joswen.com be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, Joswen.com contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandatories or subcontractors, or other events beyond the reasonable control of Joswen.com.
For the purposes of this Section, "Joswen.com" shall include Joswen.com and Joswen.com affiliates and its affiliates' respective directors, officers, employees, agents, mandatories and contractors. This Section shall survive the termination or expiry of this Agreement.
12.) Dispute Resolution; Injunction Relief
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandatories, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect, which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of these terms.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at Live Chat, and give us an opportunity to resolve the dispute. Similarly, before Joswen.com takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date you or Joswen.com is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the National Arbitration Forum's Code of Procedure.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executor by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
No claim may be joined with another lawsuit, or in arbitration with a dispute of any other person, or resolved on a class-wide basis. The parties expressly agree that any claim that is arbitrated pursuant to these terms shall not be consolidated with any other arbitral proceeding for any reason. The arbitrator may not award damages that are barred by these terms and may not award exemplary or punitive damages or attorneys' fees. You and joswen.com both waive any claims for an award of damages that are excluded under these terms.
Injunctive Relief and Provisional Relief Notwithstanding the provisions in this Section 16, the National Arbitration Forum's Code of Procedure or any other provision of these terms, Joswen.com shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
13.) Product Availability
Products sold or delivered under this Agreement shall be subject to export control laws. You agree to comply at all times with all such laws and regulations. You will defend and hold Joswen.com harmless against all claims, damages or liability resulting from breach of the foregoing.
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
15.) No Assignment
You may not assign your rights or obligations under this Agreement without the express written consent of Joswen.com.
This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and the respective successors and permitted assigns.
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
18.) Entire Agreement
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Joswen.com relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Joswen.com making such amendments or modifications available to it pursuant to this Agreement.
19.) No Waiver
The failure of Joswen.com to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of Joswen.com to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
20.) English Language
You expressly agree that this Agreement and all ancillary documents be drafted solely in English.