The following Terms and Conditions and any other rules or policies posted on our Site (collectively the "Terms and Conditions") constitute an agreement between Jada Jo LLC ("JADA JO", "we", "our", "us") and you, the customer or visitor, governing your access and use of all content and functionalities available at JadaJo.com, related micro-sites, related domain names, and any other website or micro-site of JADA JO (collectively the "Site").
ELIGIBILITY TO PURCHASE
The purchase of merchandise from JADA JO is strictly limited to customers who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of California.
In order to make purchases on the Site you will be required to provide your personal details, including your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you agree will be both valid and correct, and that you are the person referred to in the billing information provided.
The Site is available only to customers who meet the JADA JO terms of eligibility, who have been issued a valid credit/debit card, and who have authorized JADA JO to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. By making an offer to purchase merchandise, you expressly authorized us to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
AVAILABILITY OF PRODUCTS
Certain products or services may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our service will be corrected.
Prices shown on the Site are in US Dollars and are exclusive of taxes. Relevant sales tax will be charged in accordance with the current applicable federal, state and foreign laws. All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of clear error, including but not limited to a greatly reduced price that is not subject to a sale price.
Product prices are set using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during selling period. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. Customers purchasing from a country other than the United States will incur applicable import duty and taxes. These costs are included in the final purchase price. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order will be perfected when your order has been packed and after we dispatch the goods to you. At that time, you will receive a second email containing relevant information including a confirmation that your order has been sent and your tracking number. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our standards, or that you do not meet any of the appropriate the Terms and Conditions.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, and refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, and American Express credit and debit cards. Payment will be debited and cleared from your account upon completion of the packing of your order by JADA JO. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to JADA JO, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email as soon as is possible. Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
Orders are processed pending item availability and credit card verification. We will contact you via email if there are any issues with your order. All orders will require a signature upon delivery. Orders placed Monday through Friday before 12PM PST will begin processing that day and will ship within 2-3 business days. Orders placed Monday through Friday after 12PM PST will begin processing the next business day and will ship within 2-3 business days. Orders placed on Friday after 12PM EST or over the weekend will begin processing on the following Monday which is not a company observed holiday. We do not process or ship orders on Saturday, Sunday or company observed holidays. JADA JO is unable to ship orders to PO Boxes. For international orders, please contact us about international shipment as shipments are limited.
Merchandise that has been worn, used, or altered will not be accepted for store credit or exchange. Returns will be accepted only if the return is sent within thirty (30) days from the date of shipment. After thirty (30) days, all sales are final. If participating in our annual sale in November all purchases are final sale.
All items returned must be in the same condition as when sent. There are no refunds on items damaged by you or during shipping. When an item is damaged during shipping, you must file a claim with the carrier. All packages returned must be fully insured. You must notify us in advance of any return so that we will be expecting your package. Returns that are sent without our prior knowledge will be refused. We do not refund shipping costs or credit card fees. They will be deducted from the total amount of your refund.
We take reasonable care to make our Site secure and to keep secure the details about you, your order and payment. We respect your privacy and take reasonable measures to ensure that your personal information is handled in a secure, responsible and professional manner. Customer account information is treated as confidential and is not shared with any outside affiliates or individuals. We only use the information you provide to process your purchase, to send you marketing and promotional materials by e-mail, and to help us improve our product assortments and services for you. Should you prefer not to receive marketing or promotional e-mails at any time, simply click to unsubscribe.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including all software, all HTML and other code contained in this Site, shall remain at all times vested in JADA JO and/or are the property of their respective owners. All such Content, including our trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by JADA JO and/or its third party licensors. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service or the Site without the express written permission by us. We do not represent or warrant that the information on our website is accurate, complete or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. We try to ensure that the information on our Site is accurate and complete. JADA JO does not warrant or represent that JADA JO’s Content is accurate, error-free or reliable or that your use of JADA JO’s Content will not infringe rights of third parties. Your use of our Site is at your risk. JADA JO does not warrant that the functional aspects of the Site or JADA JO Content will be error free or that this Site, JADA JO Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or JADA JO‘s Content results in the need for servicing or replacing property, material, equipment or data, JADA JO is not responsible for those costs.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT.
JADA JO and its suppliers make no warranties about JADA JO Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. JADA JO reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that JADA JO is not liable to you or any third party for any such withdrawal.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of JADA JO and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright, trademark and patent notices) which may be affixed to or contained within the Site. You may not use our Site and related services for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than JADA JO, including advertisers. JADA JO has not reviewed all of the sites linked to its Site and is neither responsible for the content or accuracy of any off-site pages, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
WARRANTIES & LIABILITY
WHILE JADA JO WILL USE REASONABLE ENDEAVORS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE SITE, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THIS SITE, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON OR THROUGH THIS SITE INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITIONS OF COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that errors and defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms and Conditions shall limit your rights as a consumer under the laws of the State of California.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
YOU AGREE THAT WE WILL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THIS CONTRACT, FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS), ANY LOSS OF GOODWILL OR REPUTATION, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE INCURRED BY THAT PARTY ARISING OUT OF OR IN CONNECTION WITH THE PROVISIONS OF ANY MATTER UNDER THE TERMS AND CONDITIONS.
At our request, you agree fully to defend, indemnify and hold harmless JADA JO immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site and related services.
GENERAL LEGAL TERMS
Complete Terms. The Terms and Conditions constitute the whole legal agreement between you and JADA JO and govern your use of the services and completely replace any prior agreements between you and JADA JO in relation to the services. Notwithstanding the foregoing, you understand that JADA JO may make changes to the Terms and Conditions from time to time. When these changes are made, JADA JO will make a new copy of the Terms and Conditions available on the Site. You agree that JADA JO is under no obligation to provide you with notices regarding changes to the Terms and Conditions. You understand that it is your responsibility to check the Terms and Conditions regularly for changes.
Modifications to the Services. JADA JO is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which JADA JO provides may change from time to time without prior notice to you. You further acknowledge and agree that JADA JO may stop (permanently or temporarily) providing the services (or any features thereof) to you or to users generally at JADA JO’s sole discretion, without prior notice to you.
Confidentiality. You understand that JADA JO grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. JADA JO reserves the right to revoke these exceptions either generally or in specific cases.
Liability in the Event of Breach. You agree that you will comply with all of the Terms and Conditions. You understand that you are solely responsible for (and that JADA JO has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences including any loss or damage which JADA JO may suffer of any such breach.
Rights Not Waived. You agree that if JADA JO does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which JADA JO has the benefit of under any applicable law), this will not be taken to be a formal waiver of JADA JO’s rights and that those rights or remedies will still be available to JADA JO.
Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.
Governing Law. The Terms and Conditions, and your relationship with JADA JO under the Terms and Conditions, shall be governed by the laws of the State of California. You and JADA JO agree to submit to the exclusive jurisdiction of the State and Federal courts in a jurisdiction as solely selected by JADA JO, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
Independent Relationship. You and JADA JO are independent from each other and not related in any way. These Terms and Conditions, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and JADA JO. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms and Conditions. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms and Conditions.