Welcome to Jay Rosen Design. Please review the following Terms and Conditions carefully before using this website or making a purchase from our online store. By accessing or using this website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this website or make any purchases from our online store.
We may revise and update these Terms and Conditions at any time without prior notice. Your continued usage of the website or making purchases from our online store after any such changes constitutes your acceptance of the revised Terms and Conditions.
USE OF WEBSITE & ONLINE STORE
This website is intended for use by adults over the age of 18 years old. If you are under 18 years old, you may not use this website or make any purchases from our online store.
You must not misuse this website or our online store. You will not commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of Jay Rosen Design. Breaching this provision would constitute a criminal offense. Jay Rosen Design will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.
Jay Rosen Design makes no warranties or representations that this website or our online store will be uninterrupted or free of errors, viruses or other harmful components. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties. Nothing on this website is intended to constitute advice and you should not rely on any information on this website when making decisions.
INTELLECTUAL PROPERTY RIGHTS
All content on this website and in our online store, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Jay Rosen Design or its content suppliers and protected by United States and international copyright laws. The selection, arrangement and presentation of all materials on this website (including information in the public domain), as well as the overall design of this website is the exclusive property of Jay Rosen Design and protected by United States and international copyright laws. All software used on this website is the property of Jay Rosen Design or its software suppliers and protected by United States and international copyright laws.
You may not systematically extract and/or reuse parts of the contents of this website or our online store without Jay Rosen Design’s express written consent. In particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any parts of this website or our online store, without Jay Rosen Design’s express written consent. You may also not create and/or publish your own database that features parts of this website or our online store (e.g. our prices and product listings) without Jay Rosen Design’s express written consent.
YOUR ACCOUNT & PASSWORD
When you register with Jay Rosen Design and set up an account in our online store, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. Jay Rosen Design sells products that are intended for use by adults over the age of 18 years old. If you are under 18 years old, you may not register with Jay Rosen Design or set up an account in our online store.
You agree to accept responsibility for all activities that occur under your account or password. Jay Rosen Design reserves the right to refuse service, terminate accounts or remove or edit content in our sole discretion.
OUR CONTRACT WITH YOU
After placing an order on this website or in our online store, you will receive an email from Jay Rosen Design acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by Jay Rosen Design, and we will confirm such acceptance to you by sending you an email that confirms that the product has been shipped (“Shipping Confirmation”). The contract between you and Jay Rosen Design (“Contract”) will only be formed when we send you the Shipping Confirmation.
The Contract will relate only to those products whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipping Confirmation.
If for any reason we are unable to supply a product, we will inform you of this by email and we will not process your order. If you have already paid for the product, we will refund you in full as soon as possible.
AVAILABILITY & DELIVERY
All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason other than that they are not available, we will refund any money already paid for them. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
DELIVERY OF GOODS TO YOU
Unless otherwise stated on this website or in our online store, delivery of goods ordered by you will take place within 3-7 days after your order is accepted.
RIGHT OF CANCELLATION FOR CONSUMERS
If you are a consumer, you have the right to cancel this Contract within fourteen (14) days without giving any reason. The cancellation period will expire fourteen (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products. To exercise your right of cancellation, you must inform us of your decision to cancel this Contract in a clear statement (e.g. a letter sent by post or email). You may use our standard cancellation form for this purpose, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel this Contract, we will reimburse all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay and not later than fourteen (14) days after the day on which we are informed about your decision to cancel this Contract. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest. You shall send back or hand over the products to us without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your cancellation from this Contract to us. The deadline is met if you send back the products before the period of fourteen (14) days has expired. You will have to bear the direct cost of returning the products. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
GENERAL
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. These Terms are between you and us. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Any waiver by us of any right under these Terms shall only be effective if given in writing and signed by an authorised signatory of ours. We reserve the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you write to us within seven working days of receipt by you of the products to object to such change).
OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time. The revised Terms shall apply to the use of our website from the date of publication of the revised Terms on our website. Please check this page regularly for updates. If a revision is material, we will provide at least 30 days’ notice prior to any new terms.
