|Terms and Conditions of Use|
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE JAMAICAN BUSINESS DEVELOPMENT CORPORATION ("JBDC”) STATING THE TERMS THAT GOVERN YOUR USE OF THE THINGS JAMAICAN STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF JBDC'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND JBDC. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND JBDC MAY REFUSE ACCESS TO THE THINGS JAMAICAN STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. DEFINITION OF THE SERVICE
JBDC is the provider of the THINGS JAMAICAN Store (the "Service") that permits you to purchase authentic Jamaican gifts and craft (Product(s)), under certain terms and conditions as set forth in this Agreement.
2. AGE REQUIREMENTS FOR USE OF THE SERVICE
This Service is available for individuals aged 16 years or older. If you are under the age of 16 you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. YOUR INFORMATION
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. JBDC may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that JBDC may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.
JBDC has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that JBDC in its sole discretion deems appropriate.
4. PAYMENT METHODS
The Service accepts credit cards, Amex and e-cheques through your PayPal account. If a credit card company, or your PayPal account, is being used for a transaction, JBDC may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or shortly thereafter.
(a) The Service accepts the following credit cards: Visa, MasterCard and American Express.
(b) Prices and availability of any Products are subject to change at any time.
(c) Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your consent and intent to be bound by and to pay for such agreements and transactions. Your consent and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
5. RETURNS AND REFUNDS
a. Refund Policy. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by JBDC. Otherwise, no refunds are available.
b. Return Policy. JBDC will accept the returns of items sold if they have been damaged during shipping, are defective or are the incorrect items. We will also pay the return shipping costs if the return is as a result of our error. JBDC will not accept the return of any item that is returned more than 14 days after delivery, any product missing the serial number or that has been opened (taken out of its plastic wrap). Or any item that is not in its original condition or is missing parts. JBDC does not accept returns of perishable items.
6. ITEMS DAMAGED DURING SHIPPING
Great care is taken when packaging and shipping fragile items. However, if you receive an item that has been damaged during shipping, please contact us immediately by email or phone within 24 hours of receipt of item. Please ensure that you keep damaged items in their original packaging when returning to us. If we are able we will replace any damaged item, provided it is in stock, as quickly as possible.
7. DEFFECTIVE ITEMS
If an item is defective, please contact us immediately by email or phone, within 24 hours of receipt of item.
8. INCORRECT ORDER
Shipments of orders go through several departments and are checked, However to be prepared we ask that you contact us within 24 hours of receipt of your package and inform us of what is missing or incorrect so we can investigate and quickly rectify the situation. Rest assured that if we are at fault your original order will be shipped to you immediately and you will not be charged any additional shipping costs beyond those you had originally authorized.
9. HANDMADE PRODUCTS
Please note that handmade products are unique creations. We strive for consistency, but without machines, this cannot always be achieved. But we believe the handmade items have a unique charm that we attempt to accurately show and describe with photographs and a written description in our online store. We hope you will be consistently satisfied with the products you receive. If for any reason you are unhappy with your item, please contact us.
10. INTELLECTUAL PROPERTY
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by JBDC and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever.
b. Removal of JBDC Content or Other Materials. Notwithstanding any other provision of this Agreement, JBDC and its principals reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will JBDC be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. JBDC may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the software, are owned by JBDC and/or its principals, who reserve all their rights in law and equity. The use of the software or any part of the service, except for use of the Service as permitted in these Terms and Conditions, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
d. Trademarks. The JBDC and THINGS JAMAICAN logo, and other JBDC trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of JBDC. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
a. Termination by JBDC. If you fail, or JBDC suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide JBDC with a valid credit card or with accurate and complete Registration Data, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, JBDC, at its sole discretion, without notice to you may terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination and/or preclude access to the Service (or any part thereof).
b. Termination of the Service. JBDC reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and JBDC will not be liable to you or to any third party should it exercise such rights.
12. ENFORCEMENT OF THESE TERMS
JBDC reserves the right to take steps JBDC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to JBDC's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that JBDC has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as JBDC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to JBDC's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
13. DISCLAIMER OF WARRANTIES & LIABILITY LIMITATIONS
a. JBDC does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time JBDC may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you.
b. In no case shall JBDC, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or for any other claim related in any way to your use of the Service, 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 any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, JBDC'S liability shall be limited to the extent permitted by law.
c. JBDC shall use reasonable efforts to protect information submitted by you in connection with the Service, but you acknowledge and agree that your submission of such information is at your sole risk, and JBDC hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
14. WAIVER AND INDEMNITY
By using the Service, you agree to indemnify and hold JBDC, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service, or any action taken by JBDC as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages from JBDC, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the service, or to take any other action during the investigation of a suspected violation or as a result of JBDC's conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.
JBDC reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
JBDC may send you notice with respect to the Service by sending an email message to the email address listed in your JBDC Account contact information, by sending a letter via postal mail to the contact address listed in your JBDC Account contact information, or by a posting on the Service. Notices shall become effective immediately.
These Terms and Conditions constitute the entire agreement between you and JBDC and govern your use of the Service, superseding any prior agreements between you and JBDC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. JBDC's failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such provision, or any other provision of these Terms and Conditions. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. JBDC will not be responsible for failures to fulfill any obligations due to causes beyond its control.
18. SHIPPING POLICIES
Things Jamaican Shopping utilizes the courier services of the Jamaica Post Office, which is a standard procedure for most countries. There are additional options available to you which you may consider.
Your shipping cost is calculated based on the weight of the package, the shipping method used, and your destination. Place item in shopping cart to view total shipping and handling charges for shipping option of your choice.
The Post Office calculates the total weight of product up to the nearest pound. For example, if a package weighs between 2.1 and 2.9 lbs you will pay for 3 lbs.
Jamaica Post Office estimated delivery time may vary by a few days. All delivery time stipulated below relates to products being shipped to the United States of America. Delivery time to other countries may vary. Please read carefully the three (3) shipping options employed by Things Jamaican Shopping.
Your package should arrive approximately 14-21 days after posting. In some instances, it may be longer depending on your location to the port of entry used, i.e. New York or Miami.
This option is the most common shipping method used. Your package should arrive within 5 business day after posting. This method also depends on your location to the port of entry, i.e. Miami or New York.
Surface Mail (by sea)
This option allows for your order to travel 3rd class. This may take anywhere from 21-48 days after posting, depending on your location to the port of entry.
Please note that we ship Surface Mail packages on Mondays and Thursdays only, as Jamaica Post Office ships only twice per week, Tuesdays and Fridays. Please note that this is the rule of the post office and as such we have to abide by it.
Please bear in mind that we ship fresh products from Jamaica and your order may take a day or two to be shipped.
Please ensure that your correct address is given for shipment to be delivered promptly and to avoid any mishap with your packages in the mail. We will not accept responsibility for misplacement of package due to the provision of an incorrect address