Terms And Conditions

1. Privacy Policy

We know that you care how much information about you is used and shared, and we want to keep your trust that we will do so carefully and responsibly. Please review our Privacy Policy, which forms a part of these Terms and Conditions, details our privacy practices and governs your visit to the Site.

2. About jessyss.com

Operator of the website jessyss.com and the supplier of the goods  is the company IME d.o.o.and our registered office address is Šentiljska cesta 49, 2000 Maribor, Slovenia, EU. Company registered number: 209112700; VAT registration number: SI18406629; Registered in Slovenia.

3. Eligibility

To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under Slovenian law you must: (a) be aged 18 or older; (b) register on the Site; and (c) be the holder of a valid debit/credit card.

4. Language

This contract shall be written in English.

5. Prices

The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery & Returns section of the Site. VAT will be applied to your order at the checkout accordingly.

6. Permitted Use

Subject to what is said below, material from the Site may be downloaded, viewed, listened to, printed, copied to the hard disk of a computer (but not photocopied) and used for: your own personal, non-commercial purposes; internal business purposes; or the non-commercial purpose of using the Site as a personal information resource in good faith only. Single copies of pages from the Site may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. Any other type of use (and, in particular, any copying or distribution of the material from the Site for any commercial or business purpose) requires the prior written agreement of IME d.o.o.

6.2 You agree that you will not use the Site for:

The posting, uploading, emailing or other transmission of any material which infringes the rights of any person or which is unlawful in any other respect; in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person; which will compromise the privacy or data protection rights of any person; for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation; for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment; to create a database (electronic or otherwise) that includes material downloaded from the Site; to transmit or re-circulate any material obtained from the Site to any third party; or in any way that might bring IME d.o.o. or any of its related companies or employees into disrepute.

7. Product Descriptions

We take all reasonable care to ensure that all details, information, news, descriptions, images, prices of products, offers and promotions appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy (detailed in section 9).

8. Purchase Related Policies

The products and services available on the Site and any samples or gifts thereof we may provide to you are for personal use only. You may not sell or resell any of the products or services, samples or gifts you purchase or receive from us. Please note that samples, gifts and promotional offers are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to orders placed through this Site see the Delivery & Returns Policy and Privacy Policy.

9. Placing an Order and Order Acceptance

You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct prior to finally placing your order. Request for goods from jessyss.com are placed by clicking on the submit button at the end of the online order process. An email will be sent to you to confirm the order and another when the order has been despatched. A contract will be in place between jessyss IME d.o.o.and you, the consumer, once the order has been shipped.

Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with our Cancellation rules (see section 10) our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been despatched to you, you will need to follow the Returns Policy & Procedure outlined here. If you require a VAT invoice, or you require any information regarding your order(s) please contact us.

We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error. If we are unable to fulfil your order following our order acknowledgement, we will contact you by email advising you of this. For more information see section 10.

10. Cancelling an order

On occasions, orders or parts of an order are cancelled by our system for various reasons. Some reasons include but are not limited to:

Item(s) not available

Difficulty in processing payment information

Difficulty in delivering to address provided

Duplicate order was placed

Cancelled due to a customer request

If your order is cancelled, you will receive an email to explain the reason for the cancellation. Your original payment method will be refunded for the appropriate amount. Please note as we generally despatch orders within 1- 2 days, it may not be possible to cancel prior to despatch. In this instance you would have to return your order once received in accordance with our Returns Policy. Should you wish to cancel an order contact us at info@jessyss.com.

11. Payment

You may pay using any of the following methods:

  • Mastercard,
  • Maestro,
  • Visa,
  • Visa Electron,
  • Discover,
  • American Express,
  • Paypal or
  • Bank transfer

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.  Payments are serviced by Braintree by Paypal, a registered ISO/MSP of Wells Fargo Bank, N.A., Walnut Creek, CA. European Customers are charged at the Euro price point and payments are taken in Euros.  The currency rate for costumers from other countries is set by your card issuer, at the time of purchase.

12. Title to Goods

All goods shall remain the property of Jessyss IME d.o.o. until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

13. Risk of Loss

Risk in the goods will pass to you upon delivery to you.

14. Delivery

We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. Whilst every effort shall be made to despatch the goods on the date requested, we do not accept any liability whatsoever for delayed delivery caused by any third party.

 

The cost of delivery is uniform for EU countries (except Austria, Croatia, Slovenija) and varies depending on the value of the contract:

Value of the contract

up to 50 EUR

over 50 EUR

Delivery cost EU

7,95 EUR

7,95 EUR

Delivery cost Austria

3,95 EUR

3,95 EUR

Delivery cost Croatia

22,04 HRK

free

Delivery cost Slovenia

2,95 EUR

free

 

Customs and Import Duties

All customs and import duties are the responsibility of the customer and will not be paid by Jessyss. These charges cannot be pre-paid by customers at the time of placing an order. We cannot change the value declared on the customs label. This value is always the full invoice value.

If a package is refused and is returned to Jessyss IME d.o.o., we will refund the value of the order less the original delivery charge.

15. Acceptance of Goods

If you have not received the entire order as detailed in the order confirmation email sent to you, please contact us. Unless we are notified that goods have been returned or cancelled, it’s assumed the goods have been accepted. No liability shall be accepted in respect of any damage to goods resulting from any alteration or treatment whatsoever of goods after purchase.

16. Intellectual Property

All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software is the property of Jessyss IME d.o.o., our affiliates, our partners or our licensors and are protected by EU and international copyright laws. The trademarks, service marks, names, images and logos displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of IME d.o.o., our affiliates, licensors or partners, in the EU and other countries, and are protected by EU and international trademark laws. All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us and have been used with permission. Neither the content nor trademarks may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Any use made of these trademarks or content may be an infringement of rights in those marks and content and IME d.o.o.reserves all rights to enforce such rights that it might have.

17. Rights Clearances

The copyright, and other rights, in some of the material appearing on the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by IME d.o.o.which arise as a result of your failure to obtain such licences and permissions.

18. Limited License

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this Section 18 without prejudice to any other remedy provided by applicable law.

19. Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warning or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to IME d.o.o., our affiliates, partners or licensors.

20. Registration

Clause 20 shall apply where you register, create an account/login with jessyss.com for use of the Site.

20.1 You agree to provide true, accurate, current and complete information about yourself as requested by IME d.o.o.in the registration form (“the Registration Information”). See our Privacy Policy regarding the treatment of your personal information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You agree to keep the password for your access to IME d.o.o.confidential and agree not to permit anyone else to have access to it. You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. Furthermore you agree to be fully responsible for all activities that occur under your account or password.

20.2 You agree to immediately notify IME d.o.o.of any unauthorised use of your password. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.

20.3 We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in the best interests of the Site and IME d.o.o.to do so.

21. Removal of material and cancellation of access to the Site

21.1 IME d.o.o.has the right to cancel your registration and/or refuse you access to the Site at any time and for any reason without giving you any advance notice and IME d.o.o.shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of IME d.o.o. or its employees) arising from your inability to access any of the pages on the Site.

21.2 IME d.o.o.shall have the right at any time and for any reason to remove from the pages on the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and IME d.o.o.shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of IME d.o.o. or its employees) arising from the removal of such material.

21.3 IME d.o.o.will not view or edit or pre-screen any contribution that you or anyone else make to the interactive pages of the Site and therefore, unless IME d.o.o.is specifically notified of the nature of any item of content, you cannot assume that they are responsible for having made it available on the Site. IME d.o.o.shall have the right (but not the obligation) to refuse or remove any contact that is posted to, or made available on, the forums or the website without the need to give any reasons for doing so.

21.4 If you object to the publication of any material placed on the Site please let IME d.o.o.know by sending an appropriately worded email, and we will take whatever action we deem appropriate. Click here to contact us.

22. Submitting Content

You may submit material for publication on parts of the Site, including forms and votes. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy. If you want to submit material for publication on the Site, you may do so according to the following terms and conditions:

22.1 IME d.o.o.may publish and make available to the public by any means any material that you submit, post, upload, email or otherwise transmit to us or to the Site at our sole discretion and we shall be entitled to make additions or deletions to any such material prior to publication.

22.2 You hereby grant IME d.o.o. a non-exclusive,  perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to us or to the Site in any format, including print and electronic format.

22.3 You hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to IME d.o.o.or to the Site.

22.4 Publication of any material you submit to us will be at IME d.o.o.’s sole discretion. IME d.o.o.reserves the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.

22.5 You warrant to IME d.o.o.that any material you submit to the Site is your own original work and that you own the copyright and any other relevant rights.

22.6 You warrant that the material you submit and the language used is not obscene, abusive, hateful, offensive, or defamatory of any person or otherwise illegal.

22.7 You agree not to post material that is deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorised manner.

22.8 You agree not to post material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.

22.9 You agree not to place any links on the Site where those links take users to unlawful material or material that contravenes these terms.

22.10 You agree that, except where expressly permitted by IME d.o.o., you will not place on the Site advertisements nor make commercial solicitations nor use the Site for any commercial purposes (which would include using the Site to promote or encourage the sale of your goods/services).

22.11 You acknowledge that any breach of these warranties may cause IME d.o.o damage or loss and you agree to indemnify IME d.o.o.in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.

22.12 IME d.o.o.reserves the right to remove your access to individual services completely if we believe that you are abusing the services in any way.

23. Third Party Links

Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. IME d.o.o.is not responsible for the content of any off-site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the reference content, product, service, or supplier. Linking to or from any off-site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-site pages and other Sites that you visit.

24. Viruses

24.1 Whilst effort has been taken to ensure that the pages of the Site are free from viruses, IME d.o.o.gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.

24.2 IME d.o.o.excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of IME d.o.o. or its officers) for any system failures or malfunctions, any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:

(a) the pages on the Site or hyperlinks to or from third party sites, or;

(b) any material downloaded from the Site or any other third party sites linked to jessyss.com.

25. Submissions

It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.

26. Liability

26.1 Whilst every effort has been taken to ensure the accuracy of the information provided by jessyss.com and its employees in these pages, the contents of the Site reflect the opinions of the writers, they do not necessarily reflect the views and opinions of IME d.o.o.or any of its brands, they are personal to the writer and are naturally subject to change from time to time. It is the responsibility of users to check the accuracy of relevant facts and take appropriate professional advice before entering into any commitment based upon them.

26.2 IME d.o.o.cannot guarantee that your use of the Site will be free from error and/or uninterruption. IME d.o.o., its directors, its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of IME d.o.o. or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of, or in connection with, any information on the Site or off-site links.

26.3 Some of the pages on the Site may include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material they submit to IME d.o.o.and for ensuring that such content complies with all relevant legislation. IME d.o.o.accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.

26.4 On some Site pages, users may be given the opportunity of entering into agreements with third parties. IME d.o.o.is not a party to those agreements, does not act as an agent for those third parties (who, in turn, do not act as agents for jessyss.com) and IME d.o.o.is not liable in relation to, and takes no responsibility for any contract entered into by users with any third party.

27. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

28. Complaints

Should you wish to complain about any matter in respect of the goods please contact us.

29. Jurisdiction

29.1 The Site has been created with EU users in mind and therefore its content may not be appropriate or lawful outside of the EU. Users from outside of the EU should therefore verify for themselves whether or not it is appropriate for them to access the Site.

29.2 The terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Slovenia, EU. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of Slovenia, EU.

30. Disputes

Your use of this website and any purchase by you of any goods from IME d.o.o. shall be governed by Slovenian law and the parties hereto submit to the exclusive jurisdiction of the Slovenian courts.

31. Severability

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

32. Variations

These terms may vary from time to time. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.

33. General

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications.

We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.

If you have any questions regarding these Terms and Conditions, please contact us.

 

Jessyss

IME d.o.o.

Šentiljskacesta 49,

2000 Maribor

Slovenia, EU

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